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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs CRAIG P. FAINE, 09-000001PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000001PL Visitors: 33
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. / 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 9a/Pa Sod MAd O80 add TTETTC6093 ée-T 6882 /S4/Ta oF:0T 600¢ 9 Ue 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. 98/SA Said MAd O80 add TTETTC6093 ée-T 6882 /S4/Ta 9¢:0T 600¢ 9 Ue tke 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 98/98 Sod 9o:0T 6O00¢ 9 UEC MAd O80 add 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 3 TTETTC6093 ce +aT 6aae /G6/TE

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.
May 29, 2009 (Petitioner's) Amended Administrative Complaint filed.
May 28, 2009 Petitioner's Motion to Relinquish Jurisdiction filed.
Apr. 08, 2009 Order Accepting Qualified Representative.
Apr. 08, 2009 Notice of Hearing (hearing set for June 11, 2009; 11:00 a.m.; Ocala, FL).
Apr. 07, 2009 Joint Response to Order Granting Continuance filed.
Apr. 02, 2009 Letter to Judge Nelson from C. Faine regarding request for qualified representative filed.
Mar. 23, 2009 Order (enclosing rules regarding qualified representatives).
Mar. 23, 2009 Order Granting Continuance (parties to advise status by April 2, 2009).
Mar. 20, 2009 Letter to Judge Nelson from R. Gryff-Chamski regarding request for continuance filed.
Mar. 06, 2009 Petitioner`s Notice of Correction filed.
Mar. 04, 2009 Petitioner`s Exhibit List (exhibits not available for viewing) filed.
Mar. 04, 2009 Petitioner`s Witness List filed.
Jan. 21, 2009 Order of Pre-hearing Instructions.
Jan. 21, 2009 Notice of Hearing (hearing set for March 30, 2009; 11:00 a.m.; Ocala, FL).
Jan. 09, 2009 Joint Response to Initial Ordder filed.
Jan. 05, 2009 Initial Order.
Jan. 05, 2009 Administrative Complaint filed.
Jan. 05, 2009 Election of Rights filed.
Jan. 05, 2009 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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