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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs JOHNNY D. WILFORK, 03-000298PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000298PL Visitors: 48
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING
Respondent: JOHNNY D. WILFORK
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: Jan. 27, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 25, 2003.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING = ° >.” 5 JAW 2 . A! PH o, DEPARTMENT OF BUSINESS AND v 45 PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING Petitioner, a) 2- OAGE pL VS. Case No. 2002006271 JOHNNY D. WILFORK, , Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari- Mutuel Wagering (hereinafter "Division"), files this Administrative Complaint against Johnny D. Wilfork (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 May 7, 2002, Respondent completed an application for a Pari-Mutuel occupational license. On his application Respondent checked the box which indicated that he had not been convicted of a felony. Upon receipt of the application the Division issued the Respondent an occupational license number 4350792-1022. 3. On or about February 11, 2000, Respondent was convicted of Possession, Selling, and Delivery of Cocaine, a felony in the State of Florida. 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 sworn 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. 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 his criminal history constitutes a false . material statement on his application. 8. Based on the foregoing, Respondent has violated Sections 550.105(10) and 559.791, Florida Statutes, by falsifying his 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. A Signed this 22 ~~ dayot Lyrake-__, 2002. ot E ) n ” SIpseplM. Helton, Jr. \ ego ROGUE Ghiéf Attomey_ as gf BUSINESS BM, LERK Division of Pari-Mutuel Wagering pepariment Oh epuTy © Florida Bar Number: 879622 {i Nicole Department of Business and , Professional Regulation 9.002. Northwood Centre K cueR \\ -271- 1940 North Monroe Street DATE Tallahassee, FL 32399-2202 Copies furnished to: Bureau of Operations Licensing Section Investigations Section

Docket for Case No: 03-000298PL
Issue Date Proceedings
Feb. 25, 2003 Order Closing File issued. CASE CLOSED.
Feb. 24, 2003 Order Granting Motion to Amend Administrative Complaint issued.
Feb. 10, 2003 Notice of Petitioner`s First Request for Admissions (filed via facsimile).
Feb. 07, 2003 Order to Provide Telephone Number issued. (ordered that, on or before February 17, 2003, Respondent shall provide a telephone where he can be reached during normal business hours)
Feb. 07, 2003 Order of Pre-hearing Instructions issued.
Feb. 07, 2003 Notice of Hearing issued (hearing set for March 31, 2003; 9:30 a.m.; Fort Lauderdale, FL).
Feb. 06, 2003 Amended Administrative Complaint (filed by Petitioner via facsimile).
Feb. 06, 2003 Motion to Amend Administrative Complaint (filed by Petitioner via facsimile).
Feb. 05, 2003 Unilateral Response to Initial Order (filed by Petitioner via facsimile).
Jan. 29, 2003 Initial Order issued.
Jan. 27, 2003 Administrative Complaint filed.
Jan. 27, 2003 Election of Rights filed.
Jan. 27, 2003 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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