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.
|