The Issue The issue for determination at hearing is whether Respondent committed the offenses set forth in the administrative complaint, and if so, what action should be taken.
Findings Of Fact Calder Race Course, Inc. (Calder) is a pari-mutuel facility, located in Dade County, Florida. Calder is authorized to conduct thoroughbred racing in the State of Florida. On or about August 15, 1994, the Director of Security (Director) at Calder commenced an investigation into the selling and buying of illegal drugs at Calder. The Director had received information of the alleged illegal activity from reliable, confidential informants who included Calder employees. The alleged drug dealing was occurring at a part of Calder described as the second floor alcove, directly outside the grandstand. The alleged illegal activity involved Calder employees, as well as patrons. As a result, hidden video cameras were installed to provide surveillance of the area where the alleged illegal activity was occurring. Using the video surveillance equipment, the area was monitored by Calder security continuously each day during racing hours - - commencing at the start of each racing day, approximately 12:30 p.m., and ending at the finish of the last race, approximately 5:30 p.m. on weekdays and 6:00 p.m. on weekends. The video surveillance spanned almost 30 days. The video surveillance revealed a behavioral pattern by the alleged drug dealers and buyers. The individuals involved in the alleged illegal activity would walk in the hidden camera view area and either (a) go behind the wall where they allegedly would make deals for the drugs and return in camera view with the alleged drug dealer putting money in his pocket, or (b) the individuals would make an exchange in camera view with the alleged drug dealer putting money into his pocket. William Naum (Respondent) was observed by video surveillance on two occasions. These observations occurred almost at the end of the surveillance period. Respondent is well known by the Director. Respondent is a regular and frequent patron of Calder. Also, during the investigation of the alleged drug activity, Respondent was under investigation by the Director for another alleged illegal act. On August 28, 1994, Respondent was observed by video surveillance with the alleged drug dealer. They went behind the wall and shortly thereafter, the alleged drug dealer returned alone and left the surveillance area. On or about September 9, 1994, Respondent was observed by video surveillance meeting with the alleged drug dealer and making an exchange of money for something that could not be seen. The Director has more than 30 years in law enforcement in which he spent many of those years engaging in surveillance in drug investigations, as well as making undercover drug purchases as an investigator for the Thoroughbred Racing Protective Bureau at race courses. Based upon his experience and the behavioral pattern exhibited on the surveillance cameras, the Director determined that Respondent had purchased drugs from the alleged drug dealer. Besides patrons, Calder employees and licensees were observed on the surveillance cameras exhibiting this same behavioral pattern. Because the investigation expanded beyond patrons, the Narcotics Unit of the Metro-Dade Police was requested to assist with the investigation after about two weeks into the surveillance. The Metro-Dade Narcotics Unit successfully made an undercover purchase of drugs from the alleged drug dealer. On September 10, 1994, the alleged drug dealer was brought into Calder's security office where the Director was present. The alleged drug dealer admitted to selling cocaine at Calder for the last two years. On September 11, 1994, Respondent was at Calder, as a patron. He was brought into the Calder security office and advised by Calder security that Calder no longer wanted his business, that he was being ejected and barred from Calder and that, if he returned, he would be subject to arrest for criminal trespass. This action by Calder is referred to as a "management exclusion." Respondent was not informed of the reason for his exclusion. Respondent was one of the first patrons to be brought in and notified of their exclusion and Calder security had more patrons who would be given the same management exclusion. Calder security was concerned that the other patrons, who were subject to the exclusion, would be deterred from coming to Calder if they discovered that Calder was excluding patrons for purchasing illegal drugs. All patrons who were determined to have purchased illegal drugs were treated the same way as Respondent by Calder and Calder Security.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering enter a final order excluding William Naum from all pari-mutuel facilities in Florida under terms and conditions it deems appropriate. RECOMMENDED this 22nd day of December, 1995, in Tallahassee, Leon County, Florida. ERROL H. POWELL, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of December, 1995.
The Issue Whether Respondent violated Subsection 550.2415(1)(a), Florida Statutes (2004), and, if so, what discipline should be imposed.
Findings Of Fact At all times material to this proceeding, Holmes held a pari-mutuel wagering occupational license number 832105-1021, issued by the Department. On May 23, 2004, Holmes was the trainer of record of Hoov's KC, a racing greyhound. Hoov's KC was entered in, participated in, and won the first race of the afternoon performance at Naples-Ft. Myers Greyhound Track on May 23, 2004. Immediately after the race, a urine sample was collected from Hoov's KC by a veterinary assistant at the veterinary shack at the race track. The veterinary shack is operated by the Department, and the veterinary assistant is employed by the Department. The veterinary assistant collected the specimen by using a sterilized cup which is attached to a three-foot stick. The cups are kept in an unlocked box in the veterinary shack. After Hoov's KC's urine sample, numbered 947445, was collected, the cup was sealed, and placed in a freezer, which is kept locked. Holmes watched the collection of the specimen and the sealing of the cup containing the specimen. A specimen card was filled out for the urine sample, listing the number of the sample, the name of the dog, the owner and the trainer, and other information identifying the dog. The veterinary assistant signed the card, and then Holmes, as the owner's witness to the sampling and sealing of the specimen, signed the card. The veterinary assistant prepared a Form 503, which listed each of the samples taken at the racetrack on May 23, 2004. The form listed Hoov's KC and its urine specimen number. The urine sample and a redacted copy of the form were sent to the racing laboratory at the University of Florida, where the sample was to be tested for any prohibited substances. Information, other than the specimen number, which would identify the dog, the trainer, or the owner were redacted. The racing laboratory received the urine specimen in a locked cooler and assigned the urine sample an internal laboratory number of 77132L for tracking while the sample was being tested. The urine sample was tested using gas chromatography/mass spectrometry and found to contain benzoylecgonine, a metabolite of cocaine, which is a topical anesthetic and a Class I drug, according to guidelines promulgated by the Association of Racing Commissioners International Inc. At times, Holmes has found the veterinary shack unattended and unlocked. Holmes and James Blanchard, a kennel owner in the Fort Myers area, have seen sticks with collection cups attached placed in trash barrels in the area where the specimens are collected. Holmes has seen food and soft drinks in the collection areas. However, there was no evidence presented to show that the collection tool used by the veterinary assistant for the collection of Hoov's KC's sample was contaminated. Holmes witnessed both the collection and the sealing of the sample at issue and did not state that she observed any contamination of the sample. Holmes' pari-mutuel wagering license has not been previously disciplined for a violation of Subsection 550.2415(1)(a), Florida Statutes (2004).
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Jennette D. Holmes violated Subsection 550.2415(1)(a), Florida Statutes (2004); imposing a $500 fine; and suspending her license for five days. DONE AND ORDERED this 4th day of February, 2005, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 4th day of February, 2005. COPIES FURNISHED: Ralf E. Michels, Esquire Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Jennette D. Holmes 11900 Forest Mere Drive, No. 101 Bonita Springs, Florida 34135 S. Thomas Peavy Hoffer, Esquire Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Leon Biegalski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 David J. Roberts, Director Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
