Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING
Respondent: CRAIG P. FAINE
Judges: LISA SHEARER NELSON
Agency: Department of Business and Professional Regulation
Locations: Ocala, Florida
Filed: Jan. 05, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 24, 2009.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF PARI-MUTUEL WAGERING
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
DIVISION OF PARI-MUTUEL WAGERING
Petitioner,
Vv. , DBPR CASE NO. 2008018059
CRAIG P. FAINE,
Respondent.
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ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation, Division of Pari-Mutuel
Wagering ("Division"), files this Administrative Complaint against Craig P. Faine
("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 1300452-1021, issued by the Division.
3. At all times material hereto, Respondent was a Jockey at Tampa Bay Downs.
4, On March 22, 2008, Respondent's Honda SUV, which was unlocked, was
searched by Thoroughbred Protective Agency Bureau and Tampa Bay Downs Security. An
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electrical device, designed to increase the speed of a racehorse, was discovered in the glove
compartment.
5, Thoroughbred Protective Agency Bureau Agent Ramon Rodriguez reported that
the machine worked, giving him a shock while in his hand, and again in his pocket.
6. Respondent was ejected from Tampa Bay Downs facility. Section 550,0251(6),
Florida Statutes, states in pertinent part:
The division may exclude from any pari-mutuel facility within this state
any person who has been ejected from a pari-mutuel facility in this state
or who has been excluded from any pari-mutuel facility in another state
by the governmental department, agency, commission, or authority
exercising regulatory jurisdiction over pari-mutuel facilities in such
other state. . ”
7. Rule 61D-2.006, Florida Administrative Code, states:
No person having access to the grounds of a pari-mutuel racing
permitholder where racing animals are lodged or kept shall have in
his/her possession while on the grounds of a pari-mutuel racing
permitholder, any electrical or mechanical device designed or used to
increase or decrease the speed of a horse or greyhound (or that which
tends to do so). This rule does not exclude the use of the ordinary whip
in horse racing.
8. Respondent violated Rule 61D-2,006, Florida Administrative Code, by being in
possession while on the grounds of Tampa Bay Downs, of an electrical device used to increase
the speed of a horse.
WHEREFORE, Petitioner respectfully requests that the Division enter an Order
imposing one or more of the following penalties as specified in Sections 550.105(5)(b) and
§50.0251(6) & (10), Florida Statutes: revoke or suspend the Respondent’s occupational license;
impose a fine against the Respondent in an amount not exceeding $1,000 for each violation;
exclude the Respondent from all pari-mutuel facilities in the state; or impose against the
Respondent any combination of such penalties.
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Signed this // day of Sink m Ser. 2008.
Copies furnished to:
Craig P. Faine — Cert. Mail/Retum Receipt
Office of Operation/Licensing Section
Office of Investigations
David N. Perry, Assistant General Counsel
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PH'M. HELTON, JR.
orida Bar No. 0879622
Chief Attorney
Division of Pari-Mutuel Wagering
Department of Business & Professional Regulation
Northwood Center ‘
1940 North Monroe Street, Suite 40
Tallahassee, Florida 32399-2202
FILED
Department of Business and Professional Regulation
DEPUTY CLERK
WAlichole
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Docket for Case No: 09-000001PL
Issue Date |
Proceedings |
Jun. 24, 2009 |
Order On Motion to Relinquish Jurisdiction. CASE CLOSED.
|
Jun. 19, 2009 |
Respondent's Response to Petitioner's Motion to Relinquish Jurisdiction filed.
|
Jun. 09, 2009 |
Order Granting Extension of Time (Response to Motion to Relinquish Jurisdiction to be filed by June 19, 2009).
|
Jun. 08, 2009 |
Petitioner's Response to Respondent's Application for Extension filed.
|
Jun. 08, 2009 |
Application for Extension filed.
|
Jun. 01, 2009 |
Order Canceling Hearing, Granting Motion to Amend Administrtive Complaint and Ordering Response to Motion for Relinquishment of Jurisdiction (parties to advise status by June 10, 2009).
|
May 29, 2009 |
Petitioner's Motion to Amend Administrative Complaint filed.
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May 29, 2009 |
(Petitioner's) Amended Administrative Complaint filed.
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May 28, 2009 |
Petitioner's Motion to Relinquish Jurisdiction filed.
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Apr. 08, 2009 |
Order Accepting Qualified Representative.
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Apr. 08, 2009 |
Notice of Hearing (hearing set for June 11, 2009; 11:00 a.m.; Ocala, FL).
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Apr. 07, 2009 |
Joint Response to Order Granting Continuance filed.
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Apr. 02, 2009 |
Letter to Judge Nelson from C. Faine regarding request for qualified representative filed.
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Mar. 23, 2009 |
Order (enclosing rules regarding qualified representatives).
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Mar. 23, 2009 |
Order Granting Continuance (parties to advise status by April 2, 2009).
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Mar. 20, 2009 |
Letter to Judge Nelson from R. Gryff-Chamski regarding request for continuance filed.
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Mar. 06, 2009 |
Petitioner`s Notice of Correction filed.
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Mar. 04, 2009 |
Petitioner`s Exhibit List (exhibits not available for viewing) filed.
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Mar. 04, 2009 |
Petitioner`s Witness List filed.
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Jan. 21, 2009 |
Order of Pre-hearing Instructions.
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Jan. 21, 2009 |
Notice of Hearing (hearing set for March 30, 2009; 11:00 a.m.; Ocala, FL).
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Jan. 09, 2009 |
Joint Response to Initial Ordder filed.
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Jan. 05, 2009 |
Initial Order.
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Jan. 05, 2009 |
Administrative Complaint filed.
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Jan. 05, 2009 |
Election of Rights filed.
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Jan. 05, 2009 |
Agency referral filed.
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