FILED

Department of Business and Prafessiollal ReEUlation

Deputy Agency Clerk

CLERK

Date

Brandon Nichols

1/13/2015

   File#          2015-00266                

STATE OF FLORIDA

DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATI DIVISION OF PARI-MUTUEL WAGERING

DEPARTMENT OF BUSINESS

AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING,

Petitioner,

vs.

JAMES E. O'DONNELL,

Respondent.

                                                                      I

DOAH CASE NO.: 14-0907

14-0898

DBPR Case Nos.: 2011-050102

2011-050587

2011-053670

2012-001061

2013-036828

FINAL ORDER

The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, hereby enters this Final Order for the above styled matter. On December 24, 201 4, Administrative Law Judge, F. Scott Boyd, issued the Recommended ' Order in this matter. The Recommended Order is attached to this Final Order and incorporated herein by reference.

FINDINGS OF FACT

The Findings of Fact contained in the Recommended Order are hereby adopted as the Findings of Fact of the Division.

CONCLUSIONS OF LAW

The Conclusions of Law contained in the Recommended Order are hereby adopted. as the Conclusions of Law of the Division.

1

Filed November 12, 2019 2:36 PM Division of Administrative Hearings

ORDER

Based on the foregoing Findings of Fact and Conclusions of Law adopted from the Recommended Order, it is hereby ORDERED that:

Respondent shall pay an administrative fine of $76,000.00 based on Respondent's 74 violations of Florida Administrative Code, Rule 61 D-6.009(9) and two violations of Florida Administrative Code, Rule 61 D-6.004(2)(a).

METHOD OF PAYMENT: The fines described in this order total seventy six thousand dollars ($76,000.00). These fines are due thirty (30) days from the date of the filing of this Final Order. Said payment shall be in the form of a cashier's or certified check made payable to: Patti Broadway, Division of Pari-Mutuel Wagering, 1940 North Monroe Street, Suite 50, Tallahassee, Florida 32399- 1035. To ensure proper crediting of payments, all payments should include the Respondent's name, the case number, and reason for the payment.

Should any payment set forth above not be made in the prescribed time, Respondent's license(s) will be subject to suspension under section 550.105(7), Florida Statutes. If Respondent's license is suspended, Respondent shall remain in suspended status unless and until a stay is granted by the Division. During a suspended status, Respondent shall not engage in any activity at any Florida Pari­

Mutuel facility, which would require licensing.

DONE AND ORDERED this /  J day of January, 2015, in Tallahassee, Florida.

Division of Pari-Mutuel Wagering

Department of Business & Professional Regulation

1940 North Monroe Street, Suite 50

Tallahassee, FL 32399-1035

CERTIFICATE OF SERVICE

I hereby certify this \3-"" day of January, 2015, that a true copy of the foregoing "Final Order" has been provided by certified Mail to:

HILTON NAPOLEON, ESQ.

RASCO KLOCK PEREZ NIETO, P.L. 2555 PONCE DE LEON BLVD, STE 600 CORAL GABLES, FL 33134

AGENCY CLERK'S OFFICE

· Department of Business & Professional Regulation

NOTICE OF RIGHT TO APPEAL UNLESS WAIVED

A party who is adversely affected by this Final Oder is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review Proceedings are governed by Rules 9.110 and 9.190, Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a Notice of Appeal with the Department of Business and Professional Regulation, Attn: . Ronda L. Bryan, Agency Clerk, 1940 North Monroe Street, Suite 92, Tallahassee, Florida 32399 and a Second copy, accompanied

by filing fees prescribed by law, with the District Court of Appeal, First District, or with the District

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Court of Appeal in the Florida Appellate District where the Party Resides. The Notice of Appeal must be filed within thirty (30) Days of Rendition of the Order to be reviewed.

Docket for Case No: 14-000898PL

Orders for Case No: 14-000898PL