Findings Of Fact Dirt Road Sportsmen Club, Inc. is a non-profit corporation incorporated under the laws of Florida. Dirt Road Sportsmen Club filed an application for a beverage license pursuant to the provisions of Section 561.20(7)(a)3 as a non-profit corporation devoted to promoting community, municipal, or county development or any phase of community development, municipal or county development. Newspaper clippings, a letter, and the testimony of a city commissioner of Lake Wales, Florida, established that Dirt Road Sportsmen Club is a non- profit corporation of adult, black, males which was organized and incorporated several years prior to the date of its application. Its activities have centered on promoting voter awareness and participation in elections within the black community; beautification and improvement of the black community; social functions within the black community; and financial assistance to the victims of fire and other accidents; and financial assistance to individuals, groups, and athletic teams participating in various events. The sanitation requirements of its facility were initially approved by the appropriate authorities; however, because of the delay on its application during which its facility could not be used and because of opposition to the location of its facility, the facility was vandalized and the interior of the facility virtually destroyed. The testimony of the health inspector who conducted the secondary inspection revealed that the interior of the facility had been completely redone prior to the institution of the application request, but that the floors, walls, doors, and windows had been destroyed within the facility. Evidence was introduced that a records check conducted by an agent of the Division revealed that some of the applicant's officers had been arrested for the unlicensed selling of alcoholic beverages, but that the charges, which were over two years old at the time of the hearing had never been resolved or prosecuted. This was the extent of the information available reflecting adversely on the character of the applicant's officers. The organization's president was recognized by the Lake Wales commissioner who testified in the proceeding as being known in the community as a reputable individual possessed of good character.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the license be denied until the premises is determined to meet the sanitary requirements of the statutes. DONE and ORDERED this 28th day of November, 1978, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Leroy Smith, President Dirt Road Sportsmen Club 423 North 8th Street Haines City, Florida 33844 Mary Jo Gallay Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32304 Charles A. Nuzum, Director Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, Florida 32304
The Issue Should Petitioner impose discipline against Respondent's Pari-Mutuel Wagering Occupational License, and other relief for alleged violation of Section 550.2415(1)(a), Florida Statutes (2005)?
Findings Of Fact Between May 24, 2005 and June 18, 2005, Respondent held a Pari-Mutuel Wagering Occupational License, number 1102016- 1021, issued by Petitioner. On May 25, 2005, Respondent was the trainer of record of a racing greyhound named "Lips Are Sealed." On May 25, 2005, "Lips Are Sealed" was entered, and finished first (1st), in the second (2nd) race of the performance at Pensacola Greyhound Track. Immediately following the second (2nd) race of the performance at Pensacola Greyhound Track on May 25, 2005, urine sample number 129287 was collected from "Lips Are Sealed." The University of Florida Racing Laboratory tested urine sample number 129287 and found it to contain Benzoylecgonine (a metabolite of Cocaine), and/or a derivative thereof. Benzoylecgonine (a metabolite of Cocaine), and/or a derivative thereof, is an impermissible substance, that was carried in the body of "Lips Are Sealed" while participating in the second (2nd) race of the performance at Pensacola Greyhound Track on May 25, 2005. On June 1, 2005, Respondent was the trainer of record of a racing greyhound named "Red Eyed Fever." On June 1, 2005, "Red Eyed Fever" was entered, and finished first (1st), in the fourth (4th) race of the performance at Pensacola Greyhound Track. Immediately following the fourth (4th) race of the performance at Pensacola Greyhound Track on June 1, 2005, urine sample number 129348 was collected from "Red Eyed Fever." The University of Florida Racing Laboratory tested urine sample number 129348 and found it to contain Benzoylecgonine (a metabolite of Cocaine), and/or a derivative thereof. Benzoylecgonine (a metabolite of Cocaine), and/or a derivative thereof, is an impermissible substance, that was carried in the body of "Red Eyed Fever" while participating in the fourth (4th) race of the performance at Pensacola Greyhound Track on June 1, 2005. On June 16, 2005, Respondent was the trainer of record of a racing greyhound named "Stubborn Kind." On June 16, 2005, "Stubborn Kind" was entered, and finished first (1st), in the first (1st) race of the performance at Pensacola Greyhound Track. Immediately after the first (1st) face of the performance at Pensacola Greyhound Track on June 16, 2005, urine sample number 129469 was collected from "Stubborn Kind." The University of Florida Racing Laboratory tested urine sample number 129469 and found it to contain Benzoylecgonine (a metabolite of Cocaine), and/or a derivative thereof. Benzoylecgonine (a metabolite of Cocaine), and/or a derivative thereof, is an impermissible substance, that was carried in the body of "Stubborn Kind" while participating in the first (1st) race of the performance at Pensacola Greyhound Track on June 16, 2005. On June 17, 2005, Respondent was the trainer of record of a racing greyhound named "Drinktil Hescute." On June 17, 2005, "Drinktil Hescute" was entered, and finished first (1st), in the fifth (5th) race of the performance at Pensacola Greyhound Track. Immediately following the fifth (5th) race of the performance at Pensacola Greyhound track on June 17, 2005, urine sample number 129479 was collected from "Drinktil Hescute." The University of Florida Racing Laboratory tested urine sample number 129479 and found it to contain Benzoylecgonine (a metabolite of Cocaine), and/or a derivative thereof. Benzoylecgonine (a metabolite of Cocaine), and/or a derivative thereof, is an impermissible substance, that was carried in the body of "Drinktill Hescute" while participating in the fifth (5th) race of the performance at Pensacola Greyhound Track on June 17, 2005.
Recommendation Upon consideration of the facts found and the conclusions of law reached, it is RECOMMENDED: That a final order be entered revoking the occupational license held by Respondent, imposing a $5,000.00 fine and requiring the return of the race purses. DONE AND ENTERED this 27th day of June, 2006, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of June, 2005. COPIES FURNISHED: Stefan Thomas Hoffer, Esquire Department of Business and Professional Regulation Division of Pari-Mutuel Wagering 1940 North Monroe Street Tallahassee, Florida 32399-2202 Thomas M. Dudley, Sr. 327 Northeast 434 Street Old Town, Florida 32680 David J. Roberts, Director Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Josefina Tamayo, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202
Conclusions The Department of Business & Professional Regulation, Division of Pari-Mutuel Wagermg (Division), hereby enters this Final Order for the above styled matter. On November 28, 2012, the Honorable Stuart M. Lerner, Administrative Law Judge (A.L.J.), issued his Recommended Order in this case, DOAH Case No. 12-3292. Thereby, A.L.J. Lerner relinquished jurisdiction to the Division and recommended “that it enter a final order dismissing GPTARP’s! Petition for Administrative Hearing, without prejudice ....” A.L.J. Lerner’s Recommended Order is attached to this Final Order and incorporated herein by reference. Accordingly, IT 18 HEREBY ORDERED that this case shall be and is hereby DIS- MISSED, without prejudice. ! GPTARP is Petitioner herein, Gulfstream Park Thoroughbred After Racing Program, Inc. Filed December 4, 2012 1:05 PM Division of Administrative Hearings DONE AND ORDERED this 3 day of December, 2012, in Tallahassee, Florida. N M. BIEGALSKI, CTOR Division of Pari-Mutuel Wagering Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1035
Appeal For This Case 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 Sec- tion 120.68, Florida Statutes. CERTIFICATE OF SERVICE I hereby certify this day of December, 2012, that a true copy of the foregoing “Order” has been served by U.S. Mail upon the following, with email service as indicated below: J. STEPHEN MENTON, ESQ. MARC W. DUNBAR, ESQ. MICHAEL J. BARRY, ESQ. DANIEL R. RUSSELL, ESQ. Rutledge Ecenia, P.A. Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. Post Office Box 551 Post Office Box 10095 Tallahassee, Florida 32302-0551 Tallahassee, Florida 32302-2095 JOHN M. LOCKWOOD, ESQ. WILBUR BREWTON, ESQ. John M. Lockwood, P.A KELLY BREWTON PLANTE, ESQ. 200 West College Avenue, Suite 307 Brewton Plante, P.A. Tallahassee, Florida 32301-7710 225 South Adams Street, Suite 250 Tallahassee, Florida 32301-1709 ANDREW T. LAVIN, ESQ. Navon & Lavin, P.A. 2699 Stirling Road, Suite B-100 Ft. Lauderdale, Florida 33312-6543 AGENCY CLERK’S OFFICE Department of Business & Professional Regulation Counsel Email Copies Furnished to: Marc Dunbar Dan Russell Wilbur Brewton Kelly Plante John Lockwood Steve Menton Mike Barry Andrew Lavin
