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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs THOMAS A. LAWRIMORE, 05-002166PL (2005)

Court: Division of Administrative Hearings, Florida Number: 05-002166PL Visitors: 15
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING
Respondent: THOMAS A. LAWRIMORE
Judges: BRAM D. E. CANTER
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Jun. 15, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 12, 2005.

Latest Update: Nov. 20, 2024
STATE OF FLORIDA ae DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING Petitioner, vs. Case No. 2004053840 OF Albu t THOMAS A. LAWRIMORE, Respondent. / ADMINISTRATIVE COMPLAINT Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (hereinafter "Division"), files this Administrative Complaint against Thomas A. Lawrimore (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 a pari-mutuel wagering occupational license, number 314490-1021, issued by the Division. 3. At all times material hereto, Respondent was employed as a Greyhound trainer. 4. Rule 61D-6.005(9), Florida Administrative Code, states that: “[aJny licensee who threatens to or interferes with, or fails to allow the taking of urine, blood, or other specimens authorized by Chapter 550, Florida Statutes, is subject to suspension by the stewards or judges of the meet and to action by the Division. The stewards and judges shall refer any such incident to the Division for review.” 5. Rule 61D-6005(1), Florida Administrative Code, states that: [t]he winner of every race and other such racing animal participants the stewards, judges, Division, or track veterinarian of the meet designate, shall be sent immediately after the race to the detention enclosure for examination by the authorized representative of the Division and for the taking of urine, blood or other such samples as shall be directed for the monitoring and detection of both permissible and impermissible substances. Blood specimens shall be taken only by a Florida licensed veterinarian (Division or track) and witnessed by the racing animal’s trainer of record, owner, or designee. Said veterinarian should attempt to attain up to six full 15-millileter blood tubes from each horse sampled. 6. Section 550.105(5)(b), Florida Statutes, states in pertinent part that: “{t]he division may deny, suspend, revoke, or declare ineligible any occupational license if the applicant for or holder thereof has violated the provisions of this chapter or the rules of the division governing the conduct of persons connected with racetracks and frontons.” COUNT ONE 7. On September 08, 2004, Respondent retrieved the racing greyhounds “Fran Presley” and “Bridget Carmel” from the Lead Outs following the fourteenth (14") race of the evening performance at Sanford-Orlando Kennel Club. 8. On September 08, 2004, “Fran Presley” finished first (1“) in the fourteenth (14") race of the evening performance at Sanford-Orlando Kennel Club, and was selected for drug testing pursuant to Rule 61D-6.005(1), Florida Administrative Code. 9. Veterinarian Assistant Mr. Anthony Manfredi requested that Respondent give “Bridget Caramel” to somebody while he attempted to get a urine sample from “Fran Presley.” 10. Respondent refused to give “Bridget Caramel” to somebody while Mr. Manfredi attempted to collect a urine sample from “Fran Presley.” 11. Mr. Manfredi informed Respondent that, by walking both dogs together and in such a close proximity of each other, he was interfering with his taking a urine sample from “Fran Presley.” 12. | Mr. Manfredi again requested Respondent to give “Bridget Caramel!” to somebody so that he could collect a urine sample from “Fran Presley.” 13. Respondent again refused to give “Bridget Caramel” to somebody while Mr. Manfredi attempted to collect a urine sample from “Fran Presley.” 14, Mr. Manfredi was unable to collect a urine sample from “Fran Presley.” COUNT TWO 15. On September 29, 2004, Respondent retrieved the racing greyhounds “Bridget Carmel” and “LNL Lindsey” from the Lead Outs following the twelfth (12") race of the evening performance at Sanford-Orlando Kennel Club. 16. On September 29, 2004, “Bridget Carmel” finished first (1%) in the twelfth (12) race of the evening performance at Sanford-Orlando Kennel Club, and was selected for drug testing pursuant to Rule 61D-6.005(1), Florida Administrative Code. 17. Veterinarian Assistant Mr. Anthony Manfredi requested that Respondent give “LNL Lindsey” to somebody while he attempted to get a urine sample from “Bridget Carmel.” 18. Respondent refused to give “LNL Lindsey” to somebody while Mr. Manfredi attempted to collect a urine sample from “Bridget Carmel.” 19. Mr. Manfredi informed Respondent that, by walking both dogs together and in such a close proximity of each other, he was interfering with his taking a urine sample from “Bridget Carmel.” 20. Mr. Manfredi again requested Respondent to give “LNL Lindsey” to somebody so that he could collect a urine sample from “Bridget Carmel.” 21. Respondent again refused to give “LNL Lindsey” to somebody while Mr. Manfredi attempted to collect a urine sample from “Bridget Carmel.” 22. Mr. Manfredi was unable to collect a urine sample from “Bridget Carmel.” Based on the foregoing, Respondent violated Rule 61D-6.005(9), Florida Administrative Code, by interfering with.or failing to allow the taking of a urine sample as authorized by Chapter 550, Florida Statutes. WHEREFORE, Petitioner respectfully requests the Division enter an Order suspending or revoking Respondent’s occupational license pursuant to Section 550.105(5)(b), Florida Statutes, and an order declaring the Respondent ineligible for an occupational license, and imposing a fine not to exceed $1 ,000, pursuant to Section 550.0251(10), Florida Statutes. gz Signed this [ cay of Mal , 2005. l L E D p . Helton, Jr. ‘ Regulation ri nt of Business and Professional Hef Attomey . Departne DEPUTY CLERK Division of Pari-Mutuel Wagering . Florida Bar Number: 879622 iy. Department of Business and cam OOS Professional Regulation -(A” Northwood Centre DATE 1940 North Monroe Street Tallahassee, FL 32399-2202 Copies furnished to: Office of Operations Licensing Section Investigations Section

Docket for Case No: 05-002166PL
Issue Date Proceedings
Oct. 12, 2005 Order Closing File. CASE CLOSED.
Oct. 11, 2005 Petitioner`s Motion to Close Case filed.
Sep. 16, 2005 Petitioner`s First Set of Interrogatories to Respondent filed.
Sep. 16, 2005 Petitioner`s First Request for Production of Documents filed.
Aug. 18, 2005 Order Re-scheduling Hearing by Video Teleconference (video hearing set for October 17, 2005; 9:00 a.m.; Olando and Tallahassee, FL) .
Aug. 15, 2005 Order (Respondent`s Motion to withdraw Admissions granted) .
Aug. 11, 2005 Petitioner`s Response to Order to Show Cause filed (exhibits not available for viewing).
Aug. 10, 2005 Notice of Taking Deposition filed.
Aug. 04, 2005 Order (Petitioner`s Motion to Relinquish Jurisdiction denied, Petitioner shall have seven days from the date of this order to show cause why the motion to withdraw admissions should not be granted).
Aug. 04, 2005 Petitioner`s First Request for Admissions filed.
Aug. 04, 2005 Respondent`s Response to Petitioner`s First Request for Admissions filed.
Aug. 04, 2005 Respondents` Response to Petitioner`s Motion to Relinquish Jurisdiction filed.
Jul. 29, 2005 Status Update filed.
Jul. 26, 2005 Petitioner`s Motion to Relinquish Jurisdiction filed.
Jul. 22, 2005 Order Granting Continuance (parties to advise status by July 29, 2005).
Jul. 19, 2005 Proposed Pre-hearing Statement filed.
Jul. 19, 2005 Unopposed Motion for Continuance of Formal Hearing filed.
Jul. 18, 2005 Notice of Transfer.
Jun. 22, 2005 Notice of Hearing by Video Teleconference (video hearing set for July 29, 2005; 9:00 a.m.; Orlando and Tallahassee, FL).
Jun. 22, 2005 Order of Pre-hearing Instructions.
Jun. 20, 2005 Petitioner, Department of Business and Professional Regulation`s Response to Initial Order filed.
Jun. 20, 2005 Petitioner`s First Request for Admissions filed.
Jun. 15, 2005 Notice of Appearance and Response to Administrative Complaint filed.
Jun. 15, 2005 Election of Rights filed.
Jun. 15, 2005 Administrative Complaint filed.
Jun. 15, 2005 Agency referral filed.
Jun. 15, 2005 Initial Order.
Source:  Florida - Division of Administrative Hearings

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