STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING U2NOY -6 op) “EO PHO: 97 DEPARTMENT OF BUSINESS AND . PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING Petitioner, VS. Case No. 2002002078 LUISA L. MENTZ, Respondent. , .. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari- Mutuel Wagering (hereinafter "Division"), files this Administrative Complaint against Luisa L. Mentz (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. On or about January 7, 2002, Respondent completed an application for a pari-mutuel occupational license. On her application Respondent checked the box which indicated that she had not been convicted of a felony. Upon receipt of the application the Division issued the Respondent an occupational license, number 3915369-1021. 3. On or about October 12, 1990, Respondent was convicted of aiding or abetting in the use, carrying, or possession of a firearm during, in relation to, or in furtherance of a drug trafficking crime or Federal crime of violence, which is a felony a under the laws of the United States. The conviction was rendered in the U.S. District Court, Northern District of Illinois (Chicago). 4. Section 559.791, Florida Statutes, states: Any license issued by the Department of Business and Professional Regulation which is issued or renewed in response to an application upon which the person signing under oath or affirmation has falsely swom to a material statement, including, but not limited to, the names and addresses of the owners or managers of the licensee or applicant, shall be subject to denial of the application or suspension or revocation of the license, and the person falsely swearing shall be subject to any other penalties provided by law. oS 5. Section 550.105( 10), Florida Statutes, states in pertinent part, as follows: Upon application for an occupational license, the division may require the applicant's full legal name; any nickname, alias, or maiden name for the applicant; name of the applicant's spouse; the applicant's date of birth, residence address, mailing address, residence address and business phone number, and social security number; disclosure of any felony or any conviction involving bookmaking, illegal gambling, or cruelty to animals; disclosure of any past or present enforcement or actions by any racing or gaming agency against the applicant; and any information the division determines is necessary to establish the identity of the applicant or to establish that the applicant is of good moral character. 6. Section 550. 105(5)(b), Florida Statutes, reads in pertinent part, as follows: (b) The division may deny, suspend, revoke, or declare ineligible any occupational license if the applicant for such license has been convicted in this state, in any other State, or under the laws of the United States of a capital felony, a felony, or an offense in any other state which would be a felony under the laws of this state involving arson; trafficking in, conspiracy to traffic in, smuggling, importing, conspiracy to smuggle or import, or delivery, sale, or distribution of a controlled substance; or a crime involving a lack of good moral character, or has had a pari-mutuel license revoked by this state or any other jurisdiction for an offense related to pari-mutuel wagering. 7. Respondent’s failure to disclose her criminal history constitutes a false material statement on her application. 8. . Based on the foregoing, Respondent has violated Sections 550.105(10) and 559.791, Florida Statutes, by falsifying her license application. WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing one or more of the following penalties as specified in Sections 550. 105(5)(b) and 559.791, Florida Statutes, revocation or suspension of Respondent’s occupational license, and an order declaring the Respondent ineligible for an occupational license. fe Signed this 2t" day of ely , 2002, Division of Pari-Mutuel Wagering nd ITY , pega flisrd . Florida Bar Number: 879622 e -” 2 0 02 Department of Business and . Professional Regulation CAERK - 92 Northwood Centre xe 1940 North Monroe Street oR Tallahassee, FL 32399-2202 Copies furnished to: Office of Operations Licensing Section Investigations Section ELECTION OF RIGHTS Licensee: LUISA L. MENTZ, Case No. 2002002078 Thave read the Administrative Complaint and Explanation of Rights in this matter, and elect as follows: 1, () Ido not dispute the material facts alleged in the Administrative Complaint but do wish to appear before the Division to be heard on the conclusions of law and the issue of penalty. I, therefore request a hearing not involving disputed issues of material fact, pursuant to Section 120.57(2), Florida Statutes. I understand that at the hearing I will not be allowed to deny the facts alleged in the Administrative Complaint, but will only be permitted to submit written and/or oral evidence in mitigation of the charges in the Administrative Complaint or explain why the facts alleged do not amount to a violation of law, 2. () I do dispute the material facts alleged in the Administrative Complaint and request that this be considered a petition for a hearing involving disputed issues of material fact before an administrative law ‘judge with the Division of Administrative Hearings, pursuant to Section 120.57(1), Florida Statutes. If you select this option, please state below which specific facts you dispute. (Use the back of this sheet if needed.) 3. {) I waive my right to object or be heard concerning this case. The Division may do as it sees fit concerning this matter, . 4 () CONSENT ORDER (if one is enclosed) I have executed the enclosed Consent Order to settle this case. I understand this Consent Order is subject to approval of the Division Director. If the Director rejects the proposed Consent Order, you will still have all of these elections open to you. Electing this option will not preclude you from requesting a hearing involving disputed issues of material fact or a hearing not involving disputed issues of material fact prior to the entry of the Consent Order. Please be advised, pursuant to Section 120.573, Florida Statutes, mediation is not available for this type of agency action. THIS IS A LEGALLY BINDING DOCUMENT. IF YOU DO NOT FULLY UNDERSTAND THE TERMS OF THIS DOCUMENT, YOU SHOULD SEEK LEGAL ADVICE BEFORE SIGNING. MUST BE SIGNED AND NOTARIZED. Luisa L. Mentz Mailing Address (if different) Street Address City State Zip City State Zip Respondent’s daytime phone number STATE OF FLORIDA COUNTY OF : . . The foregoing was acknowledged before me this day of , 2002, by Luisa L. Mentz, personally known to me or who has produced as identification. Notary Public My Commission Expires: PLEASE MAIL FORM TO: MARY POLOMBO, Division Clerk Northwood Centre 1940 North Monroe Tallahassee, Florida 32399-1035 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION EXPLANATION OF RIGHTS In response to the allegations set forth in the Administrative Complaint issued by the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, you should make one the following elections within twenty-one (21) days from.the day of receipt of the Administrative Complaint. Please make your election on the attached Election of Rights form and return it fully executed to the address listed on the form. 1. Ifyou do not dispute any of the material facts alleged in the Administrative Complaint, you may request a hearing not involving disputed issues of material fact pursuant to Section 120.57(2), Florida Statutes, before the Division. At the hearing, you will be given an opportunity to present both written and oral evidence in mitigation. A request for a hearing not involving disputed issues of material fact in this matter should be directed to the Division by checking the appropriate space, marked as 1, on the Election of Rights form and retuming same to this office within twenty-one (21) days of your receipt of the Administrative Complaint. 2. Ifthe allegations set forth in the Administrative Complaint contain any disputed issues of material fact, you may request a hearing involving disputed issues of material fact with the Division of Administrative Hearings of the Department of Administration pursuant to Section 120.57(1), Florida Statutes, by checking the appropriate space, marked as 2, on the Election of Rights form and returning same to this office within twenty-one (21) days of your receipt of the Administrative Complaint. : 3. If you wish to waive your right to object or be heard in this matter, you may do so by checking the appropriate space marked as 3, on the Election of Rights form. You must keep the Division informed as to your current mailing address. Failure to do so may be considered a waiver of your right to a hearing. In the event that you fail to make an election in this matter within twenty-one (21) days from receipt of the Administrative Complaint, your failure may be considered as a waiver of your right to elect the forum, and the Division may proceed to hear any and all evidence that may be presented to it in disposing of your case.

Docket for Case No: 02-004304PL