Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING
Respondent: ROY S. LERMAN
Judges: LISA SHEARER NELSON
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jun. 13, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 25, 2019.
Latest Update: Dec. 23, 2024
FILED
Department of Business and Professional Regulation
Deputy Agency Clerk
CLERK Evetle Lawson-Proctor
Date 5/6/2019
STATE OF FLORIDA File #
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF PARI-MUTUEL WAGERING
DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION,
DIVISION OF PARI-MUTUEL WAGERING,
Petitioner,
Vv. DBPR Case No.: 2019-016832
ROY S. LERMAN,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation, Division of Pari-Mutuel
Wagering (‘Petitioner’), files this Administrative Complaint against Roy S. Lerman
(‘Respondent”), and alleges:
1. Petitioner 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 Professional
Individual Occupational License, number 2009607-1021, issued by Petitioner.
3, Tampa Bay Downs is a facility operated by a permitholder authorized to conduct
pari-mutuel wagering in this state under chapter 550, Florida Statutes.
4. At all times material hereto, Respondent was the trainer of record for the racing
horse “Bertie Mee,” with tattoo number T11964.
5. On or about, March 31, 2019, at approximately 9:30 A.M., “Bertie Mee” died
while boarded on the grounds of Tampa Bay Downs.
6. On or about April 1, 2019, at approximately 10:11 A.M., Respondent notified
Petitioner of the death of “Bertie Mee.”
7. Rule 61D-2.023(7)(c), Florida Administrative Code, provides, in pertinent part,
that a horseracing trainer shall ensure that the “division is notified within 18 hours of the death of
any racehorse that occurred on the grounds ofa horse track or training facility.”
8. Based on the foregoing, Respondent violated Rule 61D-2.023(7)(c), Florida
Administrative Code, by failng to notify Petitioner within 18 hours of the death of “Bertie Mee”
occurring on the grounds of Tampa Bay Downs on or about, March 31, 2019.
WHEREFORE, Petitioner respectfully requests the Division Director enter an Order
imposing against Respondent one or more of the penalties the Division is authorized to impose
pursuant to chapter 550, Florida Statutes, and/or the rules promulgated thereunder.
This Administrative Complamt for DBPR Case Number 2019-016832 is signed this 2nd
day of May, 2019.
/sf Jett Baumann /s{ Megan S. Silver
JETT BAUMANN MEGAN S. SILVER
Assistant General Counsel Chief Attorney
Florida Bar No. 122159 Florida Bar No. 115518
Jett. Baumann@MyF loridaLicense.com Megan.Silver@MyF loridaLicense.com
Office of the General Counsel
Division of Pari-Mutuel Wagermg
Department of Business and Professional Regulation
2601 Blair Stone Road
Tallahassee, Florida 32399-2202
Telephone: (850)-717-1585
Facsimile: (850) 921-1311
2019-016832 Page 2 of 3
NOTICE OF RIGHTS TO REQUEST A HEARING
Pursuant to sections 120.569 and 120.57, Florida Statutes, you have the right to request a
hearing to challenge the charges contained in this Administrative Complaint. If you choose to
request a hearing, you will have the right to be represented by counsel, or other qualified
representative, to present evidence and argument, to call and cross-examine witnesses, and to
have subpoenas and subpoenas duces tecum issued on your behalf.
Any request for an administrative proceeding to challenge or contest the charges
contained in this Administrative Complaint must conform to Rule 28-106.2015, Florida
Administrative Code. Pursuant to Rule 28-106.111, Florida Administrative Code, you must
request a hearing withn 21 days from receipt of this Notice, or you will waive your right to
request a hearing.
Mediation under section 120.573, Florida Statutes, is not available to resolve _ this
Administrative Complaint.
2019-016832 Page 3 of 3
Docket for Case No: 19-003211PL
Issue Date |
Proceedings |
Jun. 25, 2019 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jun. 24, 2019 |
Motion to Relinquish Jurisdiction filed.
|
Jun. 21, 2019 |
Notice of Telephonic Pre-hearing Conference (set for July 31, 2019; 10:00 a.m.).
|
Jun. 21, 2019 |
Order of Pre-hearing Instructions.
|
Jun. 21, 2019 |
Notice of Hearing (hearing set for August 14, 2019; 9:30 a.m.; Tallahassee, FL).
|
Jun. 20, 2019 |
Response to Initial Order filed.
|
Jun. 13, 2019 |
Initial Order.
|
Jun. 13, 2019 |
Election of Rights filed.
|
Jun. 13, 2019 |
Administrative Complaint filed.
|
Jun. 13, 2019 |
Agency referral filed.
|