NOTICE IS HEREBY GIVEN that on June 10, 2009, the Division of Pari-Mutuel Wagering, Department of Business and Professional Regulation, received a petition for waiver from West Flagler Associates, LTD, Petitioner, in DBPR Case No.: 2009032540 (VW 2009-205). Petitioner is a pari-mutuel facility and slot machine/cardroom operator licensed pursuant to Chapters 550 and 551, Florida Statutes, and Section 849.086, Florida Statutes, whose address is P. O. Box 350940, Miami Florida 33135-0940. Petitioner seeks a temporary waiver of the requirements of paragraph 61D-11.025(7)(b), Florida Administrative Code (F.A.C.), that requires surveillance room access “must be limited to the cardroom manager or other personnel authorized in the facility’s internal controls.” Petitioner states it is in the process of renovating its physical premises and a portion of the new construction affects the existing surveillance office, necessitating the temporary relocation of the dedicated surveillance equipment (at an estimated cost of $50,000.00) to the facility’s audio/video studio until the new surveillance room is completed. Petitioner acknowledges that Teleview personnel not employed in cardroom surveillance also work in the studio, but such personnel are not able to view the surveillance monitors and do not otherwise interfere with the ability of surveillance personnel to maintain continual observation of cardroom activities as required. Petitioner further states that strict compliance with paragraph 61D-11.025(7)(b), F.A.C., under the current circumstances would pose a substantial financial hardship and could further delay completion of the renovations; this temporary waiver would terminate upon the expected opening of the newly renovated areas within the facility between September 1st and October 31st, 2009. Any person whose substantial interests may be affected by a waiver on the subject matter of the Petition may file a petition to intervene within 14 days of the publication of this notice.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Agency Clerk, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-2202, (850)921-0342.