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PAULA M. BOYLE vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, 09-003400 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-003400 Visitors: 12
Petitioner: PAULA M. BOYLE
Respondent: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Judges: DANIEL M. KILBRIDE
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Jun. 22, 2009
Status: Closed
Recommended Order on Monday, February 8, 2010.

Latest Update: Jan. 05, 2011
Summary: Whether Petitioner has presented, by a preponderance of evidence, that she is of good moral character and has shown sufficient evidence of rehabilitation, so as to receive a waiver from disqualification from receiving a professional occupational license in order to obtain access to the backside of a racetrack, pursuant to Subsection 550.105(5), Florida Statutes (2009).1Petitioner has shown by a preponderance of evidence that she is rehabilitated and of good moral character, so as to receive a wa
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09003400 AFO


STATE OF FLORIDA

FILED

D1111artrneot nf Dusloeu anll ProfesskinaJ Re11ulBtioo

Deputy Agency Clerk


CLERI< Brandon Michels

Date 2/25/2010

Filo# 2010-01259

DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION DMSION OF PARI-MUTUEL WAGERING


PAULAM. BOYLE,


Petitioner,


v.

DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DMSION OF PARI-MUTUEL WAGERING,


DMSI6N 6'1' AJ,';MOOS'l'R;\'l'IVE HEARINGS

.Fl¼_ED

DAlE i('-,P,/J JI


DBPR CASE No. 2008065996


DOAH Case No. 09-3400


Respondent,

./


FINAL ORDER


The State of Florida, Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (Division), hereby enters this Final Order for the above styled matter. On August 18, 2009, the Honorable Daniel M. Kilbride, Administrative Law Judge, issued the Rec­ ommended Order of the Division of Administrative Hearings in this matter. That Recommended Order, DOAH Case No. 09-3400, is attached to this Final Order and incorporated herein by reference. No exceptions have been filed to the Recommended Order.

FINDINGS OF FACT


The Findings of Fact contained in the Recommended Order are hereby adopted as the Findings of Fact of the Division.

CONCLUSIONS OF LAW


The Conclusions of Law contained in the Recommended Order are hereby adopted as the Conclusions of Law of the Division.

ORDER


Based upon the foregoing Findings of Fact and Conclusions of Law adopted from the Rec­ ommended Order of the Division of Administrative Hearings, it is hereby:

ORDERED:

The Petitioner's request for a waiver from her criminal conviction is hereby GRANTED; Petitioner may therefore be issued a pari-mutuel wagering occupational license as an owner of thoroughbred horses.

DONE AND ORDERED this Jl day of f¼rl.¥!"/ , 2010, in Tallahassee, Florida.


ION, DIRECTOR

Division of Pari-Mutuel Wagering

Department of Business & Professional Regulation Northwood Centre

1940 North Monroe Street Tallahassee, Florida 32399-1035



NOTICE OF RIGHT TO APPEAL UNLESS WAIVED


Unless expressly waived, any party substantially affected by this final order may seek judi­ cial review by filing an original Notice of Appeal with the Clerk of the Department of Business and Professional Regulation, and a copy of the notice, accompanied by the filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal within thirty (30) days of rendi­ tion of this order, in accordance with Rule 9.110, Florida Rules of Appellate Procedure, and Section 120.68, Florida Statutes.


-2-

-Gl, 7 ,

CERTIFICATE OF SERVICE


I hereby certify thisday of 2010, that a true copy of the foregoing "Final Order" has been provided by U.S. Certified Mail to:

PAULAM.BOYLE

2533 Victarra Circle

Lutz, Florida 33559


AGENCY CLERK'S OFFICE

Department of Business & Professional Regulation


Copies furnished to:

David Perry, Assistant General Counsel


- 3 -


Docket for Case No: 09-003400
Issue Date Proceedings
Jan. 05, 2011 (Agency) Final Order filed.
Feb. 08, 2010 Recommended Order (hearing held August 18, 2009). CASE CLOSED.
Feb. 08, 2010 Recommended Order cover letter identifying the hearing record referred to the Agency.
Sep. 15, 2009 Transcript filed.
Sep. 11, 2009 Respondent's Notice of Filing Transcript (Transcript not attached) filed.
Aug. 18, 2009 CASE STATUS: Hearing Held.
Aug. 13, 2009 Amended Notice of Hearing by Video Teleconference (hearing set for August 18, 2009; 1:30 p.m.; Tampa and Tallahassee, FL; amended as to type of hearing and location).
Aug. 10, 2009 Respondent's Exhibit List (exhibits not available for viewing) filed.
Aug. 10, 2009 Respondent's Witness List filed.
Jul. 29, 2009 Index of Exhibits (exhibits not available for viewing) filed.
Jun. 30, 2009 Order of Pre-hearing Instructions.
Jun. 30, 2009 Notice of Hearing (hearing set for August 18, 2009; 1:30 p.m.; Tampa, FL).
Jun. 29, 2009 Joint Response to Initial Order filed.
Jun. 29, 2009 Response to Initial Order filed.
Jun. 22, 2009 Initial Order.
Jun. 22, 2009 Denial of Application filed.
Jun. 22, 2009 Election of Rights filed.
Jun. 22, 2009 Agency referral

Orders for Case No: 09-003400
Issue Date Document Summary
Feb. 17, 2010 Agency Final Order
Feb. 08, 2010 Recommended Order Petitioner has shown by a preponderance of evidence that she is rehabilitated and of good moral character, so as to receive a waiver from disqualification from receiving an owner occupational license.
Source:  Florida - Division of Administrative Hearings

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