FILED

Department of Business and Professional Reg ulatio n

AGENCY CLERK

STATE OF FLORIDA

-----------

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT

CLERK

Date

Ronda L. Bryan

3/27/2018

DIVISION OF PARI-MUTUEL WAGERIN

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

File# 2018-02196

DIVISION OF PARI-MUTUEL WAGERING,

Petitioner,

V.

ARECI ROBLEDO,

DOAH Case Nos. 17-4870PL

17-4871PL

17-4872PL

17-4873PL

DBPR Case Nos. 2016-049902

2016-051419

2016-053062

_ _ _R_esp_ond_en_t.

_ _ _ _ _ _ _ _ _ ./

2016-053069

2016-056707

2017-006845

FINAL ORDER

Pursuant to section 120.57(1), Florida Statutes, the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering ("the Division"), hereby enters this Final Order in the above-styled matter. This matter came before the Division for the purpose of considering the Recommended Order issued by Administrative Law Judge Cathy M. Sellers ("the ALJ") on December 27, 2017, in Division of Administrative Hearings ("DOAH") Case Nos. 17-4870PL, 17-4871PL, 17-4872PL, and 17-4873PL ("the Recommended Order"), a copy of which is attached hereto as Exhibit "A." Neither the Division nor Areci Robledo ("Respondent") (together "the Parties") filed exceptions in this matter.

Background

1. The Division filed four Administrative Complaints against Respondent from on or about December 5, 2016 to February 17, 2017 ("the Administrative Complaints"). The Adminis­ trative Complaints alleged that Respondent was the trainer of record for specific racing grey­ hounds in six races held at a Florida pari-mutuel facility on dates from September 27, 2016

   
   

   Filed March 28, 2018 10:22 AM Division of Administrative Hearings

   through January 28, 2017 and charged her with seven counts of violating statutes governing pari­ mutuel wagering.

2. In response, Respondent elected for a formal hearing pursuant to sections 120.569 and 120.57(1), Florida Statutes. The Administrative Complaints were consolidated for the pur­ poses of the Final Hearing, which was held on October 23, 2017 and October 24, 2017 ("the Fi­ nal Hearing").

3. Following the conclusion of the Final Hearing, the record was held open for the purposes of allowing Respondent the opportunity to proffer untimely evidence into the record. The Division filed a response in opposition to Respondent's motion to accept untimely evidence, and the ALJ subsequently overruled the Division's objection and entered Respondent's untimely evidence into the record.

4. Accordingly, the Statement of the Issues, Preliminary Statement, Findings of Fact, Conclusions of Law, and Recommendation contained in the Recommended Order are hereby adopted in toto and incorporated herein by reference.

Order

Based upon the foregoing, and being otherwise fully advised of the premises, it is hereby ORDERED AND ADJUDGED that:

1. Respondent violated the seven counts charged in the Administrative Complaints.

   
   

2. Respondent shall pay an administrative fine to the Division in the amount of five

   
   

   thousand six hundred fifty dollars ($5,650.00), due and payable to the Division of Pari­ Mutuel Wagering, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 323999, within thirty (30) calendar days of the date this Final

   Order is filed with the Agency Clerk of the Department of Business and Professional Regulation.

3. Respondent's pari-mutuel wagering individual occupational license, number 1572955-

   
   

   1021, is hereby SUSPENDED for a period of 279 calendar davs, effective the date this Final Order is filed with the Agency Clerk of the Department of Business and Professional Regulation.

   
   

   T,DIRECTOR

4. The Final Order shall become effective on the date of filing with the Agency Clerk of the Department of Business and Professional Regulation.

DONE AND ORDERED this day

Division of Pari-Mutuel Wagering

Dept. of Business and Professional Regulation 2601 Blair Stone Road

Tallahassee, Florida 32399-2202

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled to judicial review pursuant to section 120.68, Florida Statutes, by the filing of an original notice of appeal pursuant to Rules

9.110 and 9.190, Florida Rules of Appellate Procedure, with the Agency Clerk, 2601 Blair Stone Road, Mail Stop G3, Tallahassee, Florida 32399-2203 (email: agc.filing@myfloridalicense.com)

and by filing a copy of the notice of appeal accompanied by the applicable filing fees prescribed by law with the appropriate Florida district court of appeal. The notice of appeal must be filed (received) in the Office of the Agency Clerk within thirty (30) days after the date this Order is filed with the Clerk.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing "Final Order" has been furnished via regular U.S. Mail to: Respondent, Areci Robledo, 1470 Haverhill Road South, West Palm Beach, Florida 33415; the Honorable Cathy M. Sellers, Administrative Law Judge, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399- 3060, www.doah.state.fl.us; and by electronic mail to James A. Lewis, Esquire., and Joseph Yauger Whealdon, III, Esquire, Department of Business and Professional Regulation at James.Lewis@MyFloridaLicense.com and Joseph.Wheaidon@MyFloridaLicense.com, on this

'29 day o ,2018.

Department of Business and Professional Regulation

Docket for Case No: 17-004873PL

Orders for Case No: 17-004873PL