STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF BUSINESS AND )
PROFESSIONAL REGULATION, ) DIVISION OF PARI-MUTUEL WAGERING, )
)
Petitioner, )
)
vs. ) Case No. 93-6851
)
MICHAEL J. CARINDA, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, a formal hearing was held in this case on October 21-23, 1997, at Fort Lauderdale, Florida, before Susan B. Kirkland, a duly designated Administrative Law Judge of the Division of Administrative Hearings.
APPEARANCES
For Petitioner: Madeline McGuckin
Assistant General Counsel Department of Business and
Professional Regulation 1940 North Monroe Street
Tallahassee, Florida 32399-1007
For Respondent: James G. Brown, Jr., Esquire
Law Offices of Brown & Brown
2700 West Atlantic Boulevard, Suite 215 Pompano Beach, Florida 33069
STATEMENT OF THE ISSUES
Whether Respondent violated Sections 550.235(1), 550.235(2), and 550.25415(8), Florida Statutes, and if so, what penalty should be imposed.
PRELIMINARY STATEMENT
On October 19, 1993, the Petitioner, Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, filed an Administrative Complaint against Respondent, Michael J. Carinda (Dr. Carinda), alleging that Dr. Carinda violated Sections 550.235(1), (2), Florida Statutes, and Rules
7E-16.002(18), 7E-16.011(16), Florida Administrative Code, by conspiring to administer a milkshake to the horse Yankeeroughneck and by preparing the milkshake. Dr. Carinda requested an administrative hearing. The case was forwarded to the Division of Administrative Hearings on November 23, 1993, for a formal administrative proceeding.
The case was set for final hearing on February 16, 1994. On January 27, 1994, Petitioner filed a motion for continuance. The motion was granted, and the case was rescheduled for final hearing on June 22, 1994.
On March 24, 1994, Petitioner filed a Motion to Amend Administrative Complaint, which motion was granted. Petitioner filed another motion for continuance. The motion was granted, and the case was rescheduled for final hearing on November 15, 1994. On November 10, 1994, Respondent filed an Agreed Motion for Continuance, representing that the criminal case related to this case was still pending and the Petitioner desired to file a Second Amended Complaint. The final hearing was rescheduled for April 25, 1995. On December 2, 1994, Petitioner filed its Second
Motion to Amend Administrative Complaint. The motion was granted.
On April 11, 1995, a telephonic conference was held on the parties' motion to abate the case pending the appeal of a circuit court's decision to declare Section 550.235(2), Florida Statutes, unconstitutional. The motions to abate were granted, and the parties were required to file status reports every three months until the disposition of the appeal. By letter dated April 22, 1997, Counsel for Petitioner advised that the appeal had been resolved.
A notice of hearing was issued on May 2, 1997, rescheduling the final hearing for September 23, 1997. On July 7, 1997, Petitioner filed a Motion for New Hearing Date, requesting that the case be scheduled for mid-October. The motion was granted, and the case was noticed for final hearing on October 21, 1997. A copy of the notice was sent to Dr. Carinda and to his counsel.
On August 29, 1997, Petitioner filed a Motion for Partial Summary Judgment and Motion to Dismiss Certain Counts of the Complaint Without Prejudice. On October 8, 1997, Petitioner filed a Motion for Clarification of Pro Se Status, requesting that Petitioner be advised whether Respondent was being represented by counsel. On October 8, 1997, Petitioner filed a Second Motion for Partial Summary Judgment.
A prehearing conference was held on October 17, 1997.
Respondent was represented by James G. Brown, Jr. at the
prehearing conference. Respondent requested a continuance, stating that Mr. Siegel, who had previously represented Respondent, advised Respondent that he was no longer representing Respondent and stating that Mr. Brown had just been retained.
The motions for partial summary judgment were denied, the motion to voluntarily dismiss Counts Three, Five, Eight, and Ten of the administrative complaint was granted, and the motion to continue was denied.
At the final hearing, Respondent filed a Second Motion for Continuance, which was denied. Respondent had personally been notified in July, 1997, that the final hearing was scheduled for October 21, 1997. It was Respondent's responsibility to make sure that he had counsel to represent him in this case.
At the final hearing, Petitioner called the following witnesses: Steven Reubottom, William Piroth, Patrick Russell, Byran Wall, James Gabriel, and Michael Carinda. Petitioner's Exhibits 3-32 were admitted in evidence. Respondent called no witnesses and presented no exhibits. Petitioner was given leave to file Petitioner's Exhibit 33 within five days after the date the transcript was filed. The parties agreed to file proposed recommended orders within ten days of the filing of the transcript.
The transcript was filed on November 10, 1997. Respondent filed his proposed recommended order on November 20, 1997, and Petitioner filed its proposed recommended order on November 21,
1997. Petitioner filed Petitioner's Exhibit 33 on November 21, 1997. In his proposed recommended order, Respondent objected to Petitioner's Exhibit 33. The objection is overruled.
FINDINGS OF FACT
Respondent, Dr. Michael J. Carinda (Dr. Carinda), is a veterinarian licensed in the State of Florida. He holds pari- mutuel wagering occupational license number 0906873 1081 97, first issued by Petitioner, Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (Division), in 1989.
Petitioner is the agency responsible for the regulation of the horse racing industry in Florida.
At all times pertinent to this proceeding, Dr. Carinda was an employee of Plante & Associates and performed his duties under the direction of Dr. Paul R. Plante, a veterinarian.
At all times pertinent to this proceeding, Dr. Carinda worked as a veterinarian at the Pompano Park Harness Track (Pompano Track) in Pompano Beach, Florida, as an employee of Plante & Associates.
James Gabriel is and has been a detective with the Fort Lauderdale Police Department for 17 years. During 1993, Detective Gabriel worked undercover at the Pompano Track in an investigation of race fixing allegations at the Pompano Track.
While undercover, Detective Gabriel posed as a convicted felon who was the owner in fact of the horse named Yankeeroughneck. A convicted felon is not allowed to register a horse in his name; therefore, Yankeeroughneck was registered under the name of Herman Berger, who was licensed by Petitioner.
Mr. Berger, one of the targets of the undercover investigation, did not know that Gabriel was an undercover detective.
Gabriel's undercover investigation lasted approximately one year and was electronically monitored so that conversations in which Gabriel was a part were taped recorded without the knowledge of the other participants in the conversations.
At all times relevant to this proceeding, Yankeeroughneck was a standard bred horse, racing at the Pompano Track.
At all times relevant to this proceeding, Dr. Plante held an occupational license issued by Petitioner and provided veterinary care to horses racing at the Pompano Track.
On the morning of May 24, 1993, Detective Gabriel engaged in the following conversation with Dr. Plante and Herman Berger.
Plante: If the horse the ah, had he been milkshaked before did he race well when he was milkshaked? Not every horse races well when they get bagged. (Unintelligible)
Berger: He came, he raced but not the way he supposed to.
Plante: I'll speak with Charlie tomorrow morning. Well, the only thing to do is to try it one start.
Berger: Yes.
Plante: Not that expensive to do. Berger: Exactly.
Plante: If the horse improves.
Berger: Alright.
Gabriel: How long does it take before we do something like that for (Unintelligible.)
Plante: Two and a half hours before the race.
* * *
Plante: Ok, the same thing that we used to, when used to pass the tube, you know, but now we can't pass the tube. What we're doing is giving it orally. Mix the stuff up put it in their dose syringes. Put it on the back of their tongue a hundred and eighty c.c. and (Unintelligible) even in the states where they have the black box, it won't test positive, pass the stomach tube and dump that whole big load in him show on the box.
Dr. Plante, Herman Berger, and Detective Gabriel agreed to milkshake Yankeeroughneck before the horse's next race for the purpose of enhancing the horse's performance.
On the morning of May 27, 1993, Dr. Plante advised Dr. Carinda that Dr. Carinda was to deliver an ionic boost to Yankeeroughneck's groom that afternoon. The ionic boost, which is also called a milkshake, consisted of approximately eight ounces of baking soda, and two to three ounces of confectioner's sugar mixed with water to the consistency of paste. Dr. Plante told Dr. Carinda that he had given instructions to the groom on May 24, 1993, on how to administer the milkshake.
Yankeeroughneck was scheduled to and did race at the Pompano Track on May 27, 1993.
Dr. Carinda testified that approximately two and one half hours before Yankeeroughneck was scheduled to race on May 27, 1993, he delivered a milkshake to Yankeeroughneck's groom for
the purpose of having the groom administer the milkshake to Yankeeroughneck on the same day. The mixture was delivered in a ziplock bag. Detective Gabriel, Herman Berger, and Michael Metcalf, the groom, were present at the racetrack at the time Dr. Carinda delivered the milkshake.
Dr. Carinda told them to administer the milkshake as close as possible to the time that horse was placed in confinement. Once a horse is placed in confinement prior to a race, nothing can be administered to the horse.
When Dr. Carinda arrived at the track, Detective Gabriel, Herman Berger, and Michael Metcalf had a dose syringe ready for the milkshake.
Dr. Carinda testified that he did not consider the mixture of baking soda, sugar, and water to be a drug because it was not administered intravenously. He also testified that the purpose of administering the milkshake was to alleviate the pain and fatigue associated with a horse "tying up." Tying up refers to the pain and injury caused by tearing muscles due to exertion. By relieving the pain that would be caused by tying up, the milkshake would enhance the horse's performance.
After delivering the milkshake and prior to leaving the track on May 27, 1993, Dr. Carinda engaged in the following conversation with Detective Gabriel:
Carinda: (Unintelligible) now boys. Gabriel: Okay.
Carinda: The rest is up to you.
Gabriel: I certainly appreciate it Mikey.
Carinda: Now if you come home as fast as you can leave.
Gabriel: You know the horse, you know the horse.
About a minute after Dr. Carinda left, Michael Metcalf used a dosing syringe to force the mixture that Carinda had delivered down the throat of Yankeeroughneck. After Mr. Metcalf administered the milkshake to Yankeeroughneck, Detective Gabriel retrieved the ziplock bag and transferred it to Detective Piroth. The bag contained the residue of the milkshake.
On June 10, 1993, Dr. Carinda delivered a milkshake, containing sodium bicarbonate, confectioner's sugar, and water to Yankeeroughneck's groom. After Dr. Carinda left, Charles Giamanco and Michael Metcalf used a dosing syringe to force the milkshake down Yankeeroughneck's throat.
Detective Gabriel retrieved the ziplock bag with the residue of the milkshake and transferred it to Detective Reubottom.
Approximately two and one-half hours after the milkshake was administered on June 10, 1993, Yankeeroughneck raced at the Pompano Track.
Dr. Carinda admitted that during the 1993 season he had participated in milkshaking race horses at the Pompano Track on at least 150 occasions.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding. Section 120.57(1), Florida Statutes.
Petitioner has the burden of proving the allegations against the Respondent by clear and convincing evidence. Department of Banking and Finance, Division of Securities and Investor Protection v. Osborne Stern and Company, 670 So. 2d 932 (Fla. 1996).
In Counts I and VI of the Second Amended Administrative Complaint, Petitioner alleges that Dr. Carinda violated Section 550.235(1), Florida Statutes (1993), which provides:
Any person who influences, or has any understanding of or connivance with, any owner, jockey, groom, or other person associated with or interested in any stable, kennel, horserace, dograce, or jai alai game, in which any horse, dog, or jai alai player participates, to prearrange or predetermine the results of any such race or game, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
In Counts II and VII of the Second Amended Administrative Complaint, Petitioner alleges that Dr. Carinda violated Section 550.235(2), Florida Statutes (1993), which provides:
Any person who attempts to affect the outcome of a horserace or dograce through administration of medication or drugs to a race animal as prohibited by law; who administers any medication or drugs prohibited by law to a race animal for the purpose of affecting the outcome of a horserace or dograce; or who conspires to administer or to attempt to administer such medication or drugs is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
In Counts IV and IX of the Second Amended Administrative Complaint, Petitioner alleges that Dr. Carinda violated Section 550.2415(8), Florida Statutes, which provides:
Under no circumstances may any medication be administered closer than 24 hours prior to the officially scheduled post time of a race except as provided for in this section.
In State v. Giamanco, 682 So. 2d 1193 (Fla. 4th DCA 1996), the court considered whether the trial court applied the correct analyses in determining that Section 550.235(2), Florida Statutes (1993), was unconstitutional on its face and as applied. The court stated:
Further, in concluding that section 550.235(2) was vague as applied the trial court did not have before it at the hearing any facts regarding the time, place, or manner that the sodium bicarbonate was allegedly administered by the appellees. The trial court must determine whether a person of ordinary intelligence was given fair notice that the appellees' particular conduct was prohibited. See, e.g., Plante v Department of Business and Professional Regulation, Nos. 95-0837 & 95-1096, So.
2d [1996 WL 655766] (Fla. 4th DCA
November 13, 1996).
In Plante v. Department of Business and Professional Regulation, 685 So. 2d 886, 888 (Fla. 4th DCA 1996), the court addressed the issue of whether Section 550.235(2), Florida Statutes was facially unconstitutional and stated:
It is well settled that in the absence of statutory definition, words of common usage are construed in their plain and ordinary sense. State v. Hagan, 387 So. 2d 943 (Fla. 1980). 'If necessary, the plain and ordinary meaning of the word can be ascertained by
reference to a dictionary.' Green v. State, 604 So. 2d 471, 473 (Fla. 1992). Webster's defines the word medication as: '1: The act or process of medicating 2: a medicinal substance: MEDICAMENT,' with the root word medicinal defined as ;tending to or used to cure disease or relieve pain.' Merriam Webster's Collegiate Dictionary, 722 (10th ed. 1993). Significantly, the definition of sodium bicarbonate, which is 'a white crystalline weakly alkaline salt NaHCO3 used esp. in baking powders, fire extinguishers, and medicine--called also baking soda, bicarbonate of soda,' recognizes that sodium bicarbonate has medicinal purposes.
Webster's, at 1116.
As pointed out at the hearing by the Department, medical texts make it clear that ordinary baking soda is a non-prescription drug. It is listed as such in medical publications, including the Physician's Desk Reference for Nonprescription Drugs 648 (17th ed. 1996) and the 2 United States Pharmacopeial Dispensing Information, Advice for the Patient, Drug Information in Lay Language 1261 (14th ed. 1994). In fact, the Physician's Desk Reference states under "Dosage and Administration" that when used as a medication, it is to be mixed with water and ingested. (FN 1)
While we are aware that baking soda also has many proper household uses, the circumstances of our case discount any non- medicinal purpose here. The mixture was forced down the horse's throat by means of a dose syringe as the medical testimony was that no horse would voluntarily consume sodium bicarbonate in such massive quantities. This belies any argument that the baking soda was simply a recognized feed ingredient. Further, the solution administered was prepared by a veterinarian. Finally, the solution was administered on a one-time basis two hours before post time.
In short, a person of ordinary intelligence
would have known that the sodium bicarbonate solution administered was a drug or medication under the circumstances of this
case. (FN 2) '[C]ourts cannot require the legislature to draft laws with such specificity that the intent and purpose of the law may be easily avoided.' Southeastern Fisheries Ass'n v. Department of Natural Resources, 453 So. 2d 1351, 1353 (Fla. 1984);
see e.g., State v. Ashcraft, 378 So.2d 284 (Fla. 1979) (term 'excitative drug' upheld against constitutional challenge).
The facts in Plante dealt with the same circumstances in the instant case, the milkshaking of Yankeeroughneck on
May 27, 1993. See DBPR, Division of Pari-Mutuel Wagering v. Plante, DBPR Final Order No. 93-70511 (Amended Final Order March 16, 1995). The court upheld the portion of the final order finding that Dr. Plante had violated Section 550.235(2), Florida Statutes.
A milkshake consisting of eight ounces of baking soda, two to three ounces of sugar, and water, administered to a race horse by means of a dose syringe constitutes a medication within the meaning of Sections 550.235(1), (2) and 550.2415(8), Florida Statutes.
Petitioner has established by clear and convincing evidence that Dr. Carinda violated Sections 550.235(2), Florida Statutes, by conspiring with Herman Berger, Mike Metcalf, and Dr. Plante to administer a medication prohibited by law, a milkshake administered within 24 hours of a race, for the purpose of affecting the outcome of a race. Dr. Carinda's comment, "Now if you come home as fast as you can leave" indicates that Dr. Carinda knew that the purpose of the milkshake was to enhance Yankeeroughneck's performance by enabling the horse to maintain its speed rather than slowing down as it neared the end of the race.
Petitioner has not established that Dr. Carinda violated Section 550.235(1), Florida Statutes. The evidence did not establish that Dr. Carinda participated in prearranging or predetermining the outcome of a race.
Petitioner has not established that Dr. Carinda violated Section 550.2415(8), Florida Statutes. Dr. Carinda did not administer the medication. He conspired with others to administer the medication.
Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered, finding that Dr. Michael Carinda violated Section 550.235(2), Florida Statutes, as set forth in Counts II and VII of the Second Amended Administrative Complaint, suspending his occupational license for a period of two years, assessing an administrative fine of
$2,000, and dismissing Counts I, III, IV, V, VI, VIII, IX, and X of the Second Amended Administrative Complaint.
DONE AND ENTERED this 11th day of December, 1997, in Tallahassee, Leon County, Florida.
SUSAN B. KIRKLAND
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(904) 488-9675 SUNCOM 278-9675
Fax Filing (904) 921-6847
Filed with the Clerk of the Division of Administrative Hearings
this 11th day of December, 1997.
COPIES FURNISHED:
Madeline McGuckin Assistant General Counsel Department of Business and
Professional Regulation 1940 North Monroe Street
Tallahassee, Florida 32399-1007
James G. Brown, Jr., Esquire Law Offices of Brown & Brown 2700 West Atlantic Boulevard Suite 215
Pompano Beach, Florida 33069
Deborah R. Miller, Director Division of Pari-Mutuel Wagering Department of Business and
Professional Regulation 1940 North Monroe Street
Tallahassee, Florida 32399-0792
Lynda L. Goodgame, General Counsel Department of Business and
Professional Regulation 1940 North Monroe Street
Tallahassee, Florida 32399-0792
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.
| Issue Date | Proceedings |
|---|---|
| Feb. 09, 1998 | Final Order; Order Dismissing Respondent`s Exception to Recommended Order and Denying Respondent`s Motion to Dismiss the Recommended Order filed. |
| Dec. 11, 1997 | Recommended Order sent out. CASE CLOSED. Hearing held 10/21-23/97. |
| Nov. 21, 1997 | (Petitioner) Notice of Filing; (Petitioner) Proposed Recommended Order W/Tagged Attachments (filed via facsimile). |
| Nov. 20, 1997 | Respondent`s Final Argument and Proposed Recommended Order (filed via facsimile). |
| Nov. 10, 1997 | Transcripts (3 Volumes, tagged) filed. |
| Oct. 21, 1997 | CASE STATUS: Hearing Held. |
| Oct. 17, 1997 | (James E. Brown) Notice of Appearance (filed via facsimile). |
| Oct. 16, 1997 | (Petitioner) Notice of Prehearing Conference (filed via facsimile). |
| Oct. 16, 1997 | (Petitioner) Notice of Inability of Filing Original Exhibits (filed via facsimile). |
| Oct. 09, 1997 | Petitioner`s Prehearing Stipulation filed. |
| Oct. 08, 1997 | (Petitioner) Second Motion for Partial Summary Judgment; (Petitioner) Motion for Clarification of Pro Se Status; Cover Letter (filed via facsimile). |
| Aug. 29, 1997 | (Petitioner) Motion for Partial Summary Judgment and Motion to Dismiss Certain Counts of the Complaint Without Prejudice filed. |
| Aug. 26, 1997 | (Madeline McGuckin) Notice of Appearance filed. |
| Aug. 19, 1997 | (Petitioner) Notice of Taking Deposition (filed via facsimile). |
| Jul. 11, 1997 | Notice of Hearing sent out. (hearing set for Oct. 21-23, 1997; 10:00am; Ft. Lauderdale) |
| Jul. 07, 1997 | (Petitioner) Motion for New Hearing Date; (Miriam Wilkinson) Notice of Appearance filed. |
| May 02, 1997 | Notice of Hearing sent out. (hearing set for Sept. 23-25, 1997; 9:00am; Ft. Lauderdale) |
| Apr. 28, 1997 | Letter to SBK from R. Windsor Re: Formal hearing filed. |
| Mar. 24, 1997 | Department`s Response to Order to Show Cause (filed via facsimile). |
| Mar. 10, 1997 | Order to Show Cause sent out. |
| Oct. 21, 1996 | Order Continuing Abeyance sent out. (Parties to file status report by 1/15/97) |
| Oct. 15, 1996 | (Petitioner) Status Report and Motion to Continue Case in Abeyance (filed via facsimile). |
| Aug. 21, 1996 | Order Continuing Abeyance sent out. (Parties to file status report by 10/15/96) |
| Aug. 16, 1996 | (Petitioner) Response to Order to Show Cause filed. |
| Aug. 12, 1996 | Order to Show Cause sent out. (parties to show cause why this case should not be closed, must file reply within 10 days) |
| Apr. 08, 1996 | Order Continuing Abeyance sent out. (Parties to file status report by 7/15/96) |
| Apr. 05, 1996 | (DBPR) Status Report and Motion to Continue Case in Abeyance filed. |
| Apr. 03, 1996 | (Petitioner) Status Report and Motion to Continue Case in Abeyance filed. |
| Jan. 22, 1996 | Order Continuing Abeyance sent out. (Parties to file status report by 4/1/96) |
| Nov. 28, 1995 | (Thomas W. Darby) Notice of Appearance; Status Report filed. |
| Nov. 13, 1995 | Order Requiring Status Report sent out. (due in 10 days) |
| Apr. 14, 1995 | (Respondent) Motion to Abate Proceedings filed. |
| Apr. 13, 1995 | Order Placing Case in Abeyance sent out. (Parties to file status report by 10/31/95) |
| Apr. 12, 1995 | (Petitioner) Memorandum of Law in Support of Motion to Place Case in Abeyance filed. |
| Apr. 11, 1995 | (Respondent) Motion to Abate Proceedings; Order Granting Motion to Dismiss (from Judge Eade) filed. |
| Apr. 10, 1995 | Order Denying Motion to Place Case In Abeyance sent out. (Motion denied) |
| Apr. 10, 1995 | Motion to Place case in abeyance (Petitioner) filed. |
| Dec. 28, 1994 | Order Granting Motion to Amend Administrative Complaint sent out. (Motion granted) |
| Dec. 02, 1994 | Petitioner`s Second Motion To Amend Administrative Complaint filed. |
| Nov. 17, 1994 | (Respondent) Agreed Motion for Continuance; Agreed Order for Continuance (for Hearing Officer signature) filed. |
| Nov. 14, 1994 | Order Granting Agreed Motion for Continuance and Rescheduling Hearing sent out. (hearing rescheduled for April 25-27, 1995; 10:00am; Ft. Lauderdale) |
| Nov. 14, 1994 | (Respondent) Agreed Motion for Continuance filed. |
| Nov. 10, 1994 | Agreed Motion for continuance (Respondent) filed. |
| Aug. 22, 1994 | Amended Notice of Hearing (Location Only) sent out. (hearing set for Nov. 15-17, 1994; 10:00am; Ft Lauderdale) |
| Aug. 04, 1994 | (Petitioner) Notice of Absence filed. |
| Jun. 13, 1994 | Order sent out. (hearing rescheduled for November 15-17, 1994; 10:00am; Ft. Lauderdale) |
| Jun. 02, 1994 | (Petitioner) Notice of Telephone Conference Hearing filed. |
| May 31, 1994 | (Respondent) Reply To DPR`s Motion To Deem Admissions Admitted filed. |
| May 31, 1994 | Amended Response to Petitioner`s Request for Admissions To Include Response To Admissions No. 54 (from A. Siegel) filed. |
| May 31, 1994 | (Respondent) Reply In Opposition To DBR`s Motion for Continuance filed. |
| May 27, 1994 | (Petitioner) Supplement to Motion for Continuance filed. |
| May 25, 1994 | Notice of Telephonic Conference sent out. (conference to be held on 6/6/94; 10:00am) |
| May 23, 1994 | (Petitioner) Motion for Continuance filed. |
| May 20, 1994 | (Petitioner) Motion for Continuance filed. |
| May 20, 1994 | (Petitioner) Motion to deem Requested Admissions Admitted Or In The Alternative Determine Sufficiency of Discovery Response; Petitioner`s Second Set of Request for Admissions, Request for Production of Documents and Interrogatories To Respondent; Request |
| Apr. 14, 1994 | Order Granting Motion to Amend Administrative Complaint sent out. |
| Mar. 23, 1994 | (Petitioner) Motion to Amend Administrative Complaint w/Exhibit-1 filed. |
| Mar. 08, 1994 | Notice of Serving Petitioner`s Second Set of Request for Admissions, Request for Production of Documents and Interrogatories to Respondent filed. |
| Jan. 28, 1994 | Order Granting Motion for Continuance and Rescheduling Hearing sent out. (hearing rescheduled for June 22-24, 1994; 10:00am; Ft. Lauderdale) |
| Jan. 27, 1994 | (Petitioner) Motion for Continuance filed. |
| Dec. 23, 1993 | Order of Prehearing Instructions sent out. |
| Dec. 23, 1993 | Notice of Hearing sent out. (hearing set for Feb. 16-18, 1994; 9:30am; Ft. Lauderdale) |
| Dec. 23, 1993 | Notice of Serving Petitioner`s First Set of Request for Admissions, Request for Production of Documents and Interrogatories to Respondent filed. |
| Dec. 20, 1993 | (Petitioner) Response to Initial Order filed. |
| Dec. 10, 1993 | (Respondent) Amended Answer and Affirmative Defenses filed. |
| Dec. 07, 1993 | Initial Order issued. |
| Nov. 30, 1993 | Agency referral letter; Administrative Complaint and Emergency Order of Suspension; Motion to Strike, Answer, Affirmative Defenses, and Demand for Hearing filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Feb. 06, 1998 | Agency Final Order | |
| Dec. 11, 1997 | Recommended Order | Respondent conspired to milkshake a racehorse in violation of Section 550.235(2), Florida Statutes. |
