Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING
Respondent: THOMAS A. LAWRIMORE
Judges: BRAM D. E. CANTER
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Jun. 15, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 12, 2005.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA ae
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF PARI-MUTUEL WAGERING
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
DIVISION OF PARI-MUTUEL WAGERING
Petitioner,
vs. Case No. 2004053840
OF Albu t
THOMAS A. LAWRIMORE,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Department of Business and Professional Regulation, Division of Pari-Mutuel
Wagering (hereinafter "Division"), files this Administrative Complaint against Thomas
A. Lawrimore (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. At all times material hereto, Respondent held a pari-mutuel wagering
occupational license, number 314490-1021, issued by the Division.
3. At all times material hereto, Respondent was employed as a Greyhound
trainer.
4. Rule 61D-6.005(9), Florida Administrative Code, states that:
“[aJny licensee who threatens to or interferes with, or fails to allow the
taking of urine, blood, or other specimens authorized by Chapter 550,
Florida Statutes, is subject to suspension by the stewards or judges of the
meet and to action by the Division. The stewards and judges shall refer
any such incident to the Division for review.”
5. Rule 61D-6005(1), Florida Administrative Code, states that:
[t]he winner of every race and other such racing animal participants the
stewards, judges, Division, or track veterinarian of the meet designate,
shall be sent immediately after the race to the detention enclosure for
examination by the authorized representative of the Division and for the
taking of urine, blood or other such samples as shall be directed for the
monitoring and detection of both permissible and impermissible
substances. Blood specimens shall be taken only by a Florida licensed
veterinarian (Division or track) and witnessed by the racing animal’s
trainer of record, owner, or designee. Said veterinarian should attempt to
attain up to six full 15-millileter blood tubes from each horse sampled.
6. Section 550.105(5)(b), Florida Statutes, states in pertinent part that:
“{t]he division may deny, suspend, revoke, or declare ineligible any
occupational license if the applicant for or holder thereof has violated the
provisions of this chapter or the rules of the division governing the
conduct of persons connected with racetracks and frontons.”
COUNT ONE
7. On September 08, 2004, Respondent retrieved the racing greyhounds
“Fran Presley” and “Bridget Carmel” from the Lead Outs following the fourteenth (14")
race of the evening performance at Sanford-Orlando Kennel Club.
8. On September 08, 2004, “Fran Presley” finished first (1“) in the fourteenth
(14") race of the evening performance at Sanford-Orlando Kennel Club, and was selected
for drug testing pursuant to Rule 61D-6.005(1), Florida Administrative Code.
9. Veterinarian Assistant Mr. Anthony Manfredi requested that Respondent
give “Bridget Caramel” to somebody while he attempted to get a urine sample from
“Fran Presley.”
10. Respondent refused to give “Bridget Caramel” to somebody while Mr.
Manfredi attempted to collect a urine sample from “Fran Presley.”
11. Mr. Manfredi informed Respondent that, by walking both dogs together
and in such a close proximity of each other, he was interfering with his taking a urine
sample from “Fran Presley.”
12. | Mr. Manfredi again requested Respondent to give “Bridget Caramel!” to
somebody so that he could collect a urine sample from “Fran Presley.”
13. Respondent again refused to give “Bridget Caramel” to somebody while
Mr. Manfredi attempted to collect a urine sample from “Fran Presley.”
14, Mr. Manfredi was unable to collect a urine sample from “Fran Presley.”
COUNT TWO
15. On September 29, 2004, Respondent retrieved the racing greyhounds
“Bridget Carmel” and “LNL Lindsey” from the Lead Outs following the twelfth (12")
race of the evening performance at Sanford-Orlando Kennel Club.
16. On September 29, 2004, “Bridget Carmel” finished first (1%) in the twelfth
(12) race of the evening performance at Sanford-Orlando Kennel Club, and was selected
for drug testing pursuant to Rule 61D-6.005(1), Florida Administrative Code.
17. Veterinarian Assistant Mr. Anthony Manfredi requested that Respondent
give “LNL Lindsey” to somebody while he attempted to get a urine sample from “Bridget
Carmel.”
18. Respondent refused to give “LNL Lindsey” to somebody while Mr.
Manfredi attempted to collect a urine sample from “Bridget Carmel.”
19. Mr. Manfredi informed Respondent that, by walking both dogs together
and in such a close proximity of each other, he was interfering with his taking a urine
sample from “Bridget Carmel.”
20. Mr. Manfredi again requested Respondent to give “LNL Lindsey” to
somebody so that he could collect a urine sample from “Bridget Carmel.”
21. Respondent again refused to give “LNL Lindsey” to somebody while Mr.
Manfredi attempted to collect a urine sample from “Bridget Carmel.”
22. Mr. Manfredi was unable to collect a urine sample from “Bridget Carmel.”
Based on the foregoing, Respondent violated Rule 61D-6.005(9), Florida
Administrative Code, by interfering with.or failing to allow the taking of a urine sample as
authorized by Chapter 550, Florida Statutes.
WHEREFORE, Petitioner respectfully requests the Division enter an Order
suspending or revoking Respondent’s occupational license pursuant to Section
550.105(5)(b), Florida Statutes, and an order declaring the Respondent ineligible for an
occupational license, and imposing a fine not to exceed $1 ,000, pursuant to Section
550.0251(10), Florida Statutes.
gz
Signed this [ cay of Mal , 2005.
l L E D p . Helton, Jr.
‘ Regulation ri
nt of Business and Professional Hef Attomey .
Departne DEPUTY CLERK Division of Pari-Mutuel Wagering
. Florida Bar Number: 879622
iy. Department of Business and
cam OOS Professional Regulation
-(A” Northwood Centre
DATE 1940 North Monroe Street
Tallahassee, FL 32399-2202
Copies furnished to:
Office of Operations
Licensing Section
Investigations Section
Docket for Case No: 05-002166PL
Issue Date |
Proceedings |
Oct. 12, 2005 |
Order Closing File. CASE CLOSED.
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Oct. 11, 2005 |
Petitioner`s Motion to Close Case filed.
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Sep. 16, 2005 |
Petitioner`s First Set of Interrogatories to Respondent filed.
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Sep. 16, 2005 |
Petitioner`s First Request for Production of Documents filed.
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Aug. 18, 2005 |
Order Re-scheduling Hearing by Video Teleconference (video hearing set for October 17, 2005; 9:00 a.m.; Olando and Tallahassee, FL) .
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Aug. 15, 2005 |
Order (Respondent`s Motion to withdraw Admissions granted) .
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Aug. 11, 2005 |
Petitioner`s Response to Order to Show Cause filed (exhibits not available for viewing).
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Aug. 10, 2005 |
Notice of Taking Deposition filed.
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Aug. 04, 2005 |
Order (Petitioner`s Motion to Relinquish Jurisdiction denied, Petitioner shall have seven days from the date of this order to show cause why the motion to withdraw admissions should not be granted).
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Aug. 04, 2005 |
Petitioner`s First Request for Admissions filed.
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Aug. 04, 2005 |
Respondent`s Response to Petitioner`s First Request for Admissions filed.
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Aug. 04, 2005 |
Respondents` Response to Petitioner`s Motion to Relinquish Jurisdiction filed.
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Jul. 29, 2005 |
Status Update filed.
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Jul. 26, 2005 |
Petitioner`s Motion to Relinquish Jurisdiction filed.
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Jul. 22, 2005 |
Order Granting Continuance (parties to advise status by July 29, 2005).
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Jul. 19, 2005 |
Proposed Pre-hearing Statement filed.
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Jul. 19, 2005 |
Unopposed Motion for Continuance of Formal Hearing filed.
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Jul. 18, 2005 |
Notice of Transfer.
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Jun. 22, 2005 |
Notice of Hearing by Video Teleconference (video hearing set for July 29, 2005; 9:00 a.m.; Orlando and Tallahassee, FL).
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Jun. 22, 2005 |
Order of Pre-hearing Instructions.
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Jun. 20, 2005 |
Petitioner, Department of Business and Professional Regulation`s Response to Initial Order filed.
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Jun. 20, 2005 |
Petitioner`s First Request for Admissions filed.
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Jun. 15, 2005 |
Notice of Appearance and Response to Administrative Complaint filed.
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Jun. 15, 2005 |
Election of Rights filed.
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Jun. 15, 2005 |
Administrative Complaint filed.
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Jun. 15, 2005 |
Agency referral filed.
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Jun. 15, 2005 |
Initial Order.
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