Dept. of Bus. v. Calder Race Course

1 Citing case

  1. Hartman-Tyner v. Div. of Pari-Mutuel

    923 So. 2d 559 (Fla. Dist. Ct. App. 2006)

    (b) The published tournament rules shall include, but are not limited to, information regarding the amount of the prizes using a stated percentage of gross receipts, whether the tournament's duration of play is based upon a fixed number of games or a stated time period, the use of blinds, and the wagering rules as authorized in paragraph (1)(c) above. In its reasons for finding an immediate danger to the public health, safety, or welfare, the Division explained that such a danger existed due to the conduct of statutorily unauthorized "no-limit" poker tournaments, which required immediate repeal of rule 61D-11.027, and that the provisions of that rule that remain following our affirmance of an order of an administrative law judge in Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering v. Calder Race Course, Inc., 913 So.2d 601 (Fla. 1st DCA 2005) (unpublished table opinion), conflicted with the bet and raise limitations enumerated in section 849.086(8)(b), Florida Statutes. According to the Division, the remaining provisions of the rule may, therefore, mislead those regulated by the rule to believe that no-limit poker tournament play is authorized. Attached to the Division's reasons was a flier advertising new structured/no-limit Texas Hold'em tournaments at a licensed pari-mutuel facility that is not a party to this action.