Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING
Respondent: JOHNNY D. WILFORK
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: Jan. 27, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 25, 2003.
Latest Update: Nov. 16, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF PARI-MUTUEL WAGERING = ° >.” 5
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DEPARTMENT OF BUSINESS AND v 45
PROFESSIONAL REGULATION,
DIVISION OF PARI-MUTUEL WAGERING
Petitioner, a) 2- OAGE pL
VS. Case No. 2002006271
JOHNNY D. WILFORK,
, Respondent.
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation, Division of Pari-
Mutuel Wagering (hereinafter "Division"), files this Administrative Complaint against
Johnny D. Wilfork (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. On May 7, 2002, Respondent completed an application for a Pari-Mutuel
occupational license. On his application Respondent checked the box which indicated
that he had not been convicted of a felony. Upon receipt of the application the Division
issued the Respondent an occupational license number 4350792-1022.
3. On or about February 11, 2000, Respondent was convicted of Possession,
Selling, and Delivery of Cocaine, a felony in the State of Florida.
4. Section 559.791, Florida Statutes, states:
Any license issued by the Department of Business and
Professional Regulation which is issued or renewed in response
to an application upon which the person signing under oath or
affirmation has falsely sworn to a material statement,
including, but not limited to, the names and addresses of the
owners or managers of the licensee or applicant, shall be
subject to denial of the application or suspension or revocation
of the license, and the person falsely swearing shall be subject
to any other penalties provided by law.
5. Section 550.105(10), Florida Statutes, states in pertinent part, as follows:
Upon application for an occupational license, the division may
require the applicant's full legal name; any nickname, alias, or
maiden name for the applicant; name of the applicant's spouse;
“the applicant's date of birth, residence address, mailing address,
“residence address and business phone number, and social
security number; disclosure of any felony or any conviction
involving bookmaking, illegal gambling, or cruelty to animals;
disclosure of any past or present enforcement or actions by any
racing or gaming agency against the applicant; and any
information the division determines is necessary to establish
the identity of the applicant or to establish that the applicant is
of good moral character.
6. Section 550.105(5)(b), Florida Statutes, reads in pertinent part, as follows:
(b) The division may deny, suspend, revoke, or declare
ineligible any occupational license if the applicant for such
license has been convicted in this state, in any other state, or
under the laws of the United States of a capital felony, a felony,
or an offense in any other state which would be a felony under
the laws of this state involving arson; trafficking in, conspiracy
to traffic in, smuggling, importing, conspiracy to smuggle or
import, or delivery, sale, or distribution of a controlled
substance; or a crime involving a lack of good moral character,
or has had a pari-mutuel license revoked by this state or any
other jurisdiction for an offense related to pari-mutuel
wagering.
7. Respondent’s failure to disclose his criminal history constitutes a false .
material statement on his application.
8. Based on the foregoing, Respondent has violated Sections 550.105(10)
and 559.791, Florida Statutes, by falsifying his license application.
WHEREFORE, Petitioner respectfully requests the Division enter an Order
imposing one or more of the following penalties as specified in Sections 550.105(5)(b)
and 559.791, Florida Statutes, revocation or suspension of Respondent’s occupational
license, and an order declaring the Respondent ineligible for an occupational license.
A
Signed this 22 ~~ dayot Lyrake-__, 2002.
ot E ) n ” SIpseplM. Helton, Jr.
\ ego ROGUE Ghiéf Attomey_
as gf BUSINESS BM, LERK Division of Pari-Mutuel Wagering
pepariment Oh epuTy © Florida Bar Number: 879622
{i Nicole Department of Business and
, Professional Regulation
9.002. Northwood Centre
K
cueR \\ -271- 1940 North Monroe Street
DATE Tallahassee, FL 32399-2202
Copies furnished to:
Bureau of Operations
Licensing Section
Investigations Section
Docket for Case No: 03-000298PL
Issue Date |
Proceedings |
Feb. 25, 2003 |
Order Closing File issued. CASE CLOSED.
|
Feb. 24, 2003 |
Order Granting Motion to Amend Administrative Complaint issued.
|
Feb. 10, 2003 |
Notice of Petitioner`s First Request for Admissions (filed via facsimile).
|
Feb. 07, 2003 |
Order to Provide Telephone Number issued. (ordered that, on or before February 17, 2003, Respondent shall provide a telephone where he can be reached during normal business hours)
|
Feb. 07, 2003 |
Order of Pre-hearing Instructions issued.
|
Feb. 07, 2003 |
Notice of Hearing issued (hearing set for March 31, 2003; 9:30 a.m.; Fort Lauderdale, FL).
|
Feb. 06, 2003 |
Amended Administrative Complaint (filed by Petitioner via facsimile).
|
Feb. 06, 2003 |
Motion to Amend Administrative Complaint (filed by Petitioner via facsimile).
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Feb. 05, 2003 |
Unilateral Response to Initial Order (filed by Petitioner via facsimile).
|
Jan. 29, 2003 |
Initial Order issued.
|
Jan. 27, 2003 |
Administrative Complaint filed.
|
Jan. 27, 2003 |
Election of Rights filed.
|
Jan. 27, 2003 |
Agency referral filed.
|