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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTEL WAGERING vs JOSE VIDAL, 17-002173PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-002173PL Visitors: 21
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTEL WAGERING
Respondent: JOSE VIDAL
Judges: F. SCOTT BOYD
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Apr. 11, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 1, 2017.

Latest Update: Dec. 27, 2024
FILED Department of Business and Professional Regulation AGENCY CLERK STATE OF FLORIDA cierx Ronda L. Bryan DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI) pate 2/6/2047 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, vy. Case No. 2016-049383 JOSE VIDAL, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”) files this Administrative Complaint against Jose Vidal (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating pari-mutuel wagering pursuant to Chapter 550, Florida Statutes and cardrooms pursuant to Section 849.086, Florida Statutes. 2. Respondent's address is reported as 1401 SW 142™7 Avenue, Miami, FL 33184. 3. Hialeah Park is a licensed pari-mutuel and cardroom facility in this state. 4. On or about October 14, 2016, Respondent was observed via video surveillance conducting loansharking activities at Hialeah Park. 5. Based on this violation, Hialeah Park’s Cardroom Director, Angelo Garcia, issued a permanent exclusion to Respondent and escorted him from the facility. 6. Section 550.0251(6), Florida States, provides in relevant part that “[i]n addition to the power to exclude certain persons from any pari-mutuel facility in the state, the division may exclude any person from any and all pari-mutuel facilities in this state for conduct that would constitute, if he person were a licensee, a violation of this chapter or the rules of the division. The division may exclude from any pari-mutuel facility within this state any person who has been ejected from a pari- DBPR, PMW v. Jose Vidal DBPR Case No.: 2016-049383 Administrative Complaint Page 2 of 3 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 pati-mutuel facilities in such other state.” WHEREFORE, Petitioner respectfully requests the Division enter an Order permanently excluding Respondent from all licensed pari-mutuel facilities in the state. Signed this 3 day of February, 2017. MATILDE MILLER, Interim Secretary Department of Business and Professional Regulation /s/ Charles Dewrell Charles Dewrell, Esq. Assistant General Counsel Florida Bar No. 102579 Office of the General Counsel Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, Florida 32399-2202 Telephone: (850) 717-1209 Facsimile: (850) 921-1311 /s/ William Hall William D. Hall Chief Attorney Florida Bar No. 67936 Office of the General Counsel Division of Pari-Mutuel Wagering Department of Business and Professional Regulation DBPR, PMW v. Jose Vidal DBPR Case No.: 2016-049383 Administrative Complaint Page 3 of 3 NOTICE OF RIGHTS Please be advised that mediation und administrative disputes involving this type of er section 120.573, Florida Statutes, is not available for agency action. Please be advised that Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evid ence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Any request for an administrative proceedin: 2 to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28- 106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of recetpt of an agency pleading, Respondent watves the right to request a hearing on the facts alleged.

Docket for Case No: 17-002173PL
Issue Date Proceedings
May 01, 2017 Order Closing File and Relinquishing Jurisdiction CASE CLOSED.
May 01, 2017 Petitioner's Unopposed Motion to Relinquish Jurisdiction filed.
Apr. 24, 2017 Undeliverable envelope returned from the Post Office.
Apr. 21, 2017 Order of Pre-hearing Instructions.
Apr. 21, 2017 Notice of Hearing by Video Teleconference (hearing set for June 20, 2017; 9:30 a.m.; Miami and Tallahassee, FL).
Apr. 21, 2017 Order on Motion to Use Rules of Civil Procedure.
Apr. 21, 2017 Motion and Notice of Intent to Invoke Rules of Civil Procedure filed.
Apr. 19, 2017 Notice of Appearance (Louis Trometta) filed.
Apr. 19, 2017 Notice of Appearance (Rene Palomino) filed.
Apr. 19, 2017 Joint Response to Initial Order filed.
Apr. 12, 2017 Initial Order.
Apr. 11, 2017 Amended Election of Rights filed.
Apr. 11, 2017 Administrative Complaint filed.
Apr. 11, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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