STATE OF FLORIDA Dy, Mn, Py ip DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Ol-0 a5? PL DIVISION OF PARI-MUTUEL WAGERING Petitioner, vs, Case No. 00080609 MITCHELL HABER, Respondent. ADMINISTRATIVE COMPLAINT Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (hereinafter "Division"), files this Administrative Complaint against Mitchell Haber (hereinafter "Respondent"), and alleges as follows: 1. The Division is the state agency charged with regulating pari-mutuel wagering, pursuant to Chapter 550, Florida Statutes, 2. At all times material hereto, Respondent held an Unrestricted "U1" General pari- mutue] wagering occupational license, number 0097388-1081, issued by the Division. 3. On February 5, 2001, Respondent was convicted of Cruelty to Animals pursuant to Section 828.12(1), Florida Statutes, in Palm Beach County. The case number for this offense was Palm Beach County Court Case Number 00029886MM A02 03. 4. The file for Palm Beach County Court Case Number 00029886MM A02 03 indicates that the charges against the Respondent resulted from the death of four racing greyhounds housed at Respondent’s kennel on August 5, 2000, 5. Section 550.2415(6)(d), Florida Statutes, provides that “[a] conviction of cruelty to animals pursuant to s, 828.12 involving a racing animal constitutes a violation of this chapter.” 6. 8. Section 550.105(5)(c), Florida Statutes, provides as follows: The division may deny, declare ineligible, or revoke any occupational license if the applicant for such license has been convicted of a felony or misdemeanor in this state, in any other state, or under the laws of the United States, if such felony or misdemeanor is related to gambling or bookmaking, as contemplated in s. 849,25, or involves cruelty to animals. If the applicant establishes that she or he is of good moral character, that she or he bas"been rehabilitated, and that the crime she or he was convicted of is not related to pari-mutuel wagering and is not a capital offense, the restrictions excluding offenders may be waived by the director of the division. Section 550.0251(10), Florida Statutes, provides: (10) The division may impose an administrative fine for a violation under this chapter of not more than $1,000 for each count or separate offense, except as otherwise provided in this chapter, and may suspend or revoke a permit, a pari-mutuel license, or an occupational license for a violation under this chapter. All fines imposed and collected under this subsection must be deposited with the Treasurer to the credit of the General Revenue Fund. Respondent has violated Chapter 550, Florida Statutes, by being convicted of Cruelty to Animals pursuant to Section 828.12(1), Florida Statutes, for an offense involving a Tacing animal in the State of Florida. WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing one or more of the following penalties as specified in Sections 550.0251(10) and 550.105(5)(c), Florida Statutes, an administrative fine not to exceed $1,000, revocation or suspension of Responent’s occupational license and an order declaring the Respondent ineligible for an oh . Signed this /3” day of Libary , 2001. occupational license, COUNSEL FOR DEPARTMENT: Joseph M. Helton, Jr. Assistant General Counsel Division of Pari-Mutuel Wagering Florida Bar Number: Pending Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399-2202 JMH Case #60080609 C Ze Leon M. Siceal Chief Attorney Division of Pari-Mutuel Wagering FILED Dapariment of Business and Professianal Regulation DEPUTY CLERK WM tlichole ca pe 3001 CERTIFICATE OF SERVICE J HEREBY CERTIFY a true and correct copy of the foregoing Administrative Complaint has been furnished via U.S. Certified Mail to Mitchell Haber, 8131 South 3rd Place, | y . West F alm Beach, Florida 3341 ] this i da’ of laa 2001 Mary I olonfee, Clerk Division of Pari-Mutuel Wagering Copies furnished to: Bureau of Operations Licensing Section Bureau of Investigations Joseph M. Helton, Jr., Assistant General Counsel a IN THE COUNTY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ay CRIMINAL DIVISION oO V4 STATE OF FLORIDA CASE NO.: 00 029886MM Koay, ‘ & vs. . ‘te ? MITCHELL HABER Of ., , ty — MM iu" 4 $ “pli OP wo. “hy aN Facts in Dispute: Os bp 1. | was informed by counsel that the Florida Department of Pari- Mutuel Wagering was aware of the facts surrounding the death of the dogs and the allegations against me, and if | plead guilty to one count of animal cruelty, they would not bring an action against me. 2. Section 828.12(1), Florida Statutes, does not provide for | deprivation of shelter of an animal. The animals were temporarily deprived of shelter due to a mis-communication with another trainer as to who would put-up the dogs. There was absolutely no intent to harm the animals. 3. All persons with knowledge of the incident agree that | have never mistreated an animal and they would not hesitate to allow me to train their dogs. 4. The plea was entered after my attorney was told by the Department of Pari-Mutue! Wagering that my license would not have been threatened. | only plead to one charge, all other charges were dropped. 5. | have been severely punished already. | have lost my place in the Palm Beach Kennel Club and have lost thousands of dollars in racing and training fees. 6. When | discovered the fact that the dogs had been exposed to heat, | immediately.tried to aid the one dog that was alive. feofeot | Dated: afefeor ioe Mitchell Haber STATE OF FLORIDA ) COUNTY OF PALM BEACH __ ) BEFORE ME, personally appeared Mitchell Haber, who after being by me first duly sworn on oath, deposes and says that he has read the foregoing, which is true and accurate. He is _ personally known <_ or has produced identification . SWORN TO AND SUBSCRIBED before me in Palm Beach County, Florida, this 3° __ day of Ee bopn re , 2001. aeh¥ Pig Ann Porath a £ By “SCommission # CC 737198 NOTARY PUBLIC, STATE OF 4 S Expires June 7, 2002 Por ps BONDED THRU ATLANTIC BONDING CO,, INC. DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION Jeb Bush, Governor Kim Binkley: Seci Ay la» March 1, 2001 AGS! i Sharyn L. Smith Executive Director Division of Administrative Hearings 1230 Apalachee Parkway O 1-0952 FL Tallahassee, Florida 32399-1550 RE: Department of Business and Professional Regulation vs. Mitchell Haber, DBPR Case No. 00080609 Dear Ms. Smith: The Department of Business and Professional Regulation is requesting assignment of an administrative law judge to conduct a formal hearing pursuant to section 120.57(1), Florida Statutes, for the above-referenced matter. Enclosed are two copies of the Administrative Complaint, Answer to Administrative Complaint and the Election of Rights form. While the Answer to Administrative Complaint includes a criminal case number, it is clearly intended as a response to the Administrative Complaint in the matter. Please assign an Administrative Law Judge to hear this case and notify the undersigned as counsel for Petitioner. Respondent’s attorney is Ann Porath, Esquire, 12773 Forest Hill Boulevard, Suite 209, Wellington, Florida 33414. Ms. Porath’s telephone number is (561) 798- 2907 and her facsimilie transmission telephone number is (661) 790-3519. Sincerely, ph M. Helton, Jr. ssistant General Counsel Enclosures ce: Ann Porath, Esquire {2773 Forest Hill Boulevard, Suite 209 Wellington, Florida 33414 OFFICE OF THE GENERAL COUNSEL - DIVISION OF PARI-MUTUEL WAGERING NORTHWOOD CENTRE - 1940 NORTH MONROE STREET - SUITE 60 - TALLAHASSEE, FLORIDA 32399-2202 Telephone (850) 488-0062 - Fax (850) 921-1311

Docket for Case No: 01-000852PL

Orders for Case No: 01-000852PL