Division of Administrative Hearings, Florida
Latest Update: Jun. 29, 1983
This case concerns the issue of whether Respondent's beverage license should be suspended, revoked, or otherwise disciplined for violations of Sections 893.13 and 561.2, Florida Statutes. The charges arise out of alleged drug sales and possession of drugs on the licensed premises of the Respondent. At the formal hearing, the Petitioner called as its witnesses Beverage Officer Randall Robert West; Barbara Vohlken, Crime Lab Analyst; Lt. Robert D. Bishop, District Supervisor of the Division of Alcoholic Beverages and Tobacco; Nicholas II. Del Costello, Deputy from the Polk County Sheriff's Department Dennis B. Russo, Polk County Sheriff's Department; Deborah Ann Steiger, Crime Lab Analyst; and Gene Breirly, Evidence Custodian of the folk County Sheriff's Department. The Respondent, Linda Diane Kinsey, testified on her own behalf. The Petitioner offered four exhibits, which were admitted into evidence without objection. Counsel for the Petitioner submitted proposed findings of fact and conclusions of law to be considered by the undersigned Hearing Officer. To the extent that such proposed findings of fact and conclusions of law are not adopted in this order, they were considered by the undersigned Hearing Officer and determined to be irrelevant to the issues in this cause or not supported by the evidence.Recommend revocation of license where Respondent knew of illegal drug transactions and did nothing to stop them, thus condoning illegality.