The Issue The issues are: (1) whether Petitioner is qualified for a pari-mutuel wagering occupational license as a greyhound owner; and, (2) whether Petitioner is entitled to waiver of the provisions in accordance to Chapter 550, Florida Statutes (2004).
Findings Of Fact Based on the oral and documentary evidence adduced at hearing, the following Findings of Fact are made: Petitioner, Stephen M. Morris, submitted an application for a pari-mutuel wagering occupational license as a greyhound owner on or about February 24, 2005. On his application for a pari-mutuel wagering occupational license, Petitioner accurately reported that he had been convicted of the following three felonies: (1) possession and sale of a controlled substance, (2) trafficking in controlled substance (cannabis) in excess of 100 pounds, and (3) dealing in stolen property. The foregoing felony convictions were in or about 1976, 1984, and 1993, respectively, and were the result of offenses that occurred in Florida. Due to Petitioner's felony convictions, as noted in paragraph 2 above, his application for a pari-mutuel wagering occupational license was subject to denial. Consequently, on February 24, 2005, in addition to his application for a pari-mutuel wagering occupational license, Petitioner also requested that a waiver be granted so that he could obtain the license. Petitioner's application and his request for waiver did not include any information which would establish his rehabilitation or demonstrate that he has good moral character. As part of the Division's review of Petitioner's request for waiver, on or about April 5, 2005, Mr. Toner interviewed Petitioner. During the interview with Mr. Toner, Petitioner had the opportunity to present information that established his rehabilitation and demonstrated his present good moral character, but he did not produce such information. In light of the information regarding Petitioner's felony convictions, which are undisputed and included in Petitioner's application, Petitioner does not meet the eligibility requirements for the license which he seeks. By Petitioner's own admission, he was convicted of the felony offenses noted in paragraph 2 above. The number of felony convictions and the times that the offenses were committed, show a pattern of serious criminal behavior and recidivism. Petitioner may be rehabilitated and may have present good moral character. However, Petitioner did not testify at the final hearing and presented no evidence that he has been rehabilitated and has present good moral character. Absent from the record is any testimony from Petitioner or from Petitioner's friends, relatives, business associates, employers, or church members regarding Petitioner's good conduct and reputation subsequent to the date of his last felony conviction. In absence of any evidence that Petitioner has been rehabilitated and has present good moral character, the Division has no basis to grant Petitioner a waiver.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that Respondent, Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, enter a final order denying Petitioner, Stephen M. Morris', application for a pari-mutuel wagering occupational license and his request for waiver. DONE AND ENTERED this 30th day of December, 2005, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD 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 30th day of December, 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 Stephen M. Morris 162 Warren Avenue New Smyrna Beach, Florida 32168 David J. Roberts, Director Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202
The Issue Whether Petitioner is eligible for a waiver of his 1996 conviction for cruelty to animals in order to receive a pari- mutuel wagering occupational license.
Findings Of Fact Petitioner is an applicant for a pari-mutual wagering occupational license who wishes to be licensed as a greyhound owner in Florida. Respondent is the Department of Business and Professional Regulation, Division of Pari-Mutual Wagering, an executive agency of the State of Florida created by Section 20.165(2)(f), Florida Statutes. Petitioner's application, filed June 27, 2002, candidly disclosed a previous felony conviction of cruelty to animals. On or about June 20, 1996, Petitioner was, in fact, found guilty of a third degree felony (cruelty to animals: refusing medical care to a greyhound) under Section 828.12(2), Florida Statutes, by a jury in the Seventh Judicial Circuit in and for Volusia County in Case No. 96-30581CFAES. He was 26 years old at the time. Petitioner's conviction for cruelty to animals arose from the death of a greyhound puppy named "He's My Denny." The puppy was in Petitioner's care at the Daytona Beach Kennel Club. "He's My Denny" was bred and raised to be a racing greyhound. As a result of his aforementioned felony conviction, Petitioner served 57 days in the Volusia County Jail and the balance of five years via out-of-state probation. Petitioner entered into a Consent Order with the Division, whereby he was declared to be ineligible for any pari- mutuel occupational license under Section 550.105, Florida Statutes, for three years. On July 1, 2002, after his three-year suspension had run, Petitioner requested a waiver of his conviction of cruelty to animals, for the purpose of re-licensure. Stephen Toner, an Investigator for the Division, interviewed Petitioner on August 5, 2002, regarding his request for a waiver. During the interview, Mr. Toner completed a waiver interview form. Each page, with the exception of the last page of the form which contained Mr. Toner's comments, was initialed and dated by Petitioner. In commenting upon the interview and its form at hearing, Petitioner expressed concern that Mr. Toner had misunderstood him during the interview when he said something to the effect of "If I had known there would be this much trouble with such serious consequences, I would have just put the dog down." I accept that Petitioner meant, by this, or similar language, that he would have humanely euthanized "He's My Denny," rather than allowing the beast to suffer. However, this information is largely irrelevant. Petitioner received the Division's letter of license denial on September 20, 2002. The National Greyhound Association will not permit Petitioner to register a greyhound for racing purposes in any state unless the State of Florida will re-license him. Therefore, Petitioner is effectively precluded from his chosen line of work throughout the United States, by Florida's denial of his occupational license application. After being denied re-licensure by the Division, Petitioner received a Certificate of Restoration of Civil Rights, dated October 25, 2002. The Certificate states, in pertinent part: "grants [Petitioner] restoration of civil rights, except the specific authority to possess or own a firearm for any and all felony convictions in the State of Florida." Petitioner testified, without refutation, that, except for his cruelty to animals conviction, he has had no other trouble with the law except that when he was 19 years old, he was caught driving without a license and represented himself to police as his older brother, who did have a driver's license. At hearing, Petitioner did not list, or elaborate on, any signs of good moral character or rehabilitation since his 1996 Florida conviction for cruelty to animals.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering enter a Final Order denying Petitioner's application for a pari-mutuel occupational license. DONE AND ENTERED this 15th day of May, 2003, in Tallahassee, Leon County, Florida. ELLA JANE P. DAVIS 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 15th day of May, 2003. COPIES FURNISHED: David J. Gibby 6278 Stanleyville Drive Rural Hill, North Carolina 27045 Joseph M. Helton, Jr., Esquire Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street, Suite 60 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 32399-2202 Hardy L. Roberts, III, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202
Findings Of Fact The Petitioner was convicted of unarmed robbery before the courts of the State of Massachusetts in 1960. The Petitioner has applied for a pardon so that his civil rights can be restored, and it is probable that his civil rights will be restored. Apparently the process for accomplishing a restoration of civil rights is time consuming in the State of Massachusetts. The Petitioner failed to reflect on his application that he was arrested for robbery in 1962. He was not convicted of that crime. It does not appear that the Petitioner deliberately falsified his application.
The Issue Whether the Petitioner's application for a Pari-Mutuel Wagering occupational license and request for a waiver should be granted or denied for the reasons set forth in the Respondent's letter dated August 20, 2009.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The Division is the state agency responsible for issuing occupational licenses to employees of pari-mutuel facilities in Florida. See § 550.105(1), Fla. Stat. On or about April 2, 2009, Ms. Jennings submitted an application for a pari-mutuel wagering license, specifically for a cardroom license that would allow her to be a dealer in the poker room of a pari-mutuel facility. Ms. Jennings indicated on the application form that she had never held a pari-mutuel license in Florida. In the section of the license application entitled "To Be Completed by Cardroom Applicants Only," Ms. Jennings answered "no" to the following question: "Have you ever been convicted of, or had adjudication of guilt withheld for, a felony or misdemeanor involving forgery, larceny, extortion or conspiracy to defraud or filing false reports to government agency, racing or gaming commission or authority, in this state or any other stated under the laws of the United States?" In the section of the application entitled "Background Information", Ms. Jennings answered "no" to the following question: "Have you ever been convicted of or had adjudication withheld for any crime, or pled guilty or nolo contendere to any criminal charges against you? If yes, give details in the space provided below." In the space provided, Ms. Jennings wrote: "Had adjudication; As part of a prosecution of someone else, I cooperated and gave testimony. However, I was personally not convicted of any wrongdoing." Upon investigation, the Division learned that Ms. Jennings had been adjudicated guilty of one count of grand theft in the third degree on January 26, 1995, in Brevard County, Florida. She was sentenced to two years' probation and required to report monthly to her probation officer. Ms. Jennings spent approximately three months in jail prior to her conviction because she could not pay for her bail. On April 22, 2009, Ms. Jennings submitted a request for a waiver from the Division so she could obtain her pari-mutuel wagering license. A waiver must be obtained by, among others, any new applicant for a Florida pari-mutuel license who has been convicted of any felony. Ms. Jennings was 27 years of age when she was convicted of grand theft. She explained that, at the time of the offense, she was involved with a boyfriend who had threatened to kill her and her family when she first became involved with him. She stated that she became "brainwashed and co-dependent on him and basically scared for my life."2 As a result, Ms. Jennings did whatever her boyfriend wanted her to do. According to Ms. Jennings, she was charged with grand theft because, at her boyfriend's direction, she obtained a cell phone under a false name. Ms. Jennings testified that she answered "no" to the question asking if she had been convicted of a crime because she was told by a federal prosecutor named Larry Turner that she would "have a clean record" if she testified against her boyfriend, who had been charged with murder.3 Ms. Jennings testified, and her boyfriend was convicted. Ms. Jennings assumed, therefore, that she would not have "anything in [her] background as a criminal record."4 Ms. Jennings gave the following testimony at the final hearing: She told the Division's investigators about the circumstances of her criminal conviction but did not tell them that she believed her criminal record had been sealed. She was shocked when the Division's investigators told her they had found records of her conviction: "I was like, Huh?"5 She had to go look up the records of the conviction and then her recollection of the arrest and conviction "came back to [her] . . . eventually."6 She was shocked when the Division's investigators told her they had found this conviction because she thought the conviction had been erased. Ms. Jennings has a high school education. After her conviction, Ms. Jennings tried to go to school, but she did not finish. For a time, she worked at a restaurant as a waitress; she had a part-time job doing promotional work for night clubs; and she also worked as a blackjack dealer at a nightclub where blackjack was played for entertainment. When asked what she had done with her life, Ms. Jennings responded: "I had boyfriends and long-term relationships and basically I was taking care of them."7 Ms. Jennings's current boyfriend, her sister, and her best friend testified that Ms. Jennings had always been honest with them. The totality of the evidence presented by Ms. Jennings is insufficient to establish she is rehabilitated and possesses good moral character: She failed to disclose her conviction for grand theft in her application for licensure; her explanations of the reasons for failing to disclose the conviction are inconsistent; her explanation of the act underlying her conviction of grand theft, procuring a cell phone under a false name, is unconvincing; and her vague description of her life since the conviction fails to demonstrate any accomplishments or any positive change in her circumstances since her conviction.
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 denying the application of Soon Young P. Jennings for a pari-mutuel wagering license. DONE AND ENTERED this 28th day of June, 2010, in Tallahassee, Leon County, Florida. PATRICIA M. HART 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 28th day of June, 2010.
The Issue Whether Respondent committed the violation alleged in the Administrative Complaint, and, if so, what disciplinary action should be taken against him.
Findings Of Fact Based upon the evidence adduced at the final hearing and the record as a whole, the following findings of fact are made: At all times material to the instant case, Respondent has held a pari-mutuel wagering occupational license (license number 0609951-1081) issued by Petitioner. At all times material to the instant case, Respondent and Steven Zenker were part-owners of a race horse (named Sixty- Five Roses) that Respondent and his wife, Deedre Johnson, trained at Pompano Park. Pompano Park is a harness racing facility operated by Pompano Park, Inc., the holder of a pari- mutuel permit authorizing it to conduct harness racing in the State of Florida. In April of 1997, Sixty-Five Roses sustained an injury while racing at Pompano Park. The horse was treated over a three-day period (April 12 through April 14, 1997) by Dr. Jonathon Cohen, a veterinarian employed by Dr. Paul R. Plante and Associates (PRPA). The total charge for the veterinary services rendered by Dr. Cohen was $257.00. On April 25, 1997, PRPA sent Ms. Johnson and Mr. Zenker separate bills, each for $128.50 (one-half the total charge). Ms. Johnson's bill was sent to her and her husband's Vernon, New York address (where they reside from the end of April until November each year). The bills indicated that "[a]ny account with an outstanding balance on the 25th of the month [would] be charged a 1.5% late fee or a minimum $5.00 rebilling charge." On or about May 5, 1997, Mr. Zenker paid PRPA the $128.50 he had been billed. The $128.50 that PRPA had billed Ms. Johnson, however, was not paid. PRPA sent Ms. Johnson a statement each month requesting payment. 1/ In or around November or December of 1999, Dr. Cohen, during an encounter with the Johnsons at Pompano Park, handed them a copy of the last monthly statement that had been sent and told them that they needed to make payment. Not having received any payment from the Johnsons, in early 1999, PRPA filed suit against Respondent in Broward County Court Case No. CONO 99-0010 to recover monies owed for the veterinary services provided by Dr. Cohen on April 12 through April 14, 1997, in connection with the treatment Sixty-Five Roses. On March 2, 1999, the following Default Judgment was entered in Broward County Court Case No. CONO 99-0010 against Respondent: This action having come on for consideration, and it appearing to the court the above-named Defendant [Respondent] was duly served with statement of claim and it appearing further that the said defendant failed to appear in said action and the court finding that the said Defendant is justly indebted to the Plaintiff in the sum of $244.50. It is therefore considered, ordered and adjudged that the said Plaintiff, Dr. Paul Plante and Associates, do have and recover from said Defendant the sum of $128.50 for damages, besides the sum of $116.00 for costs of this suit, and the sum of $0 for interest, all of which shall bear interest at the rate of 10% for the current year and thereafter at the prevailing rate per year as provided for by Florida Statute, for all of which let execution issue. Respondent has not made any payments to PRPA to satisfy this judgment, nor has he sought to have the judgment set aside.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that Petitioner enter a final order finding Respondent guilty of the violation alleged in the Administrative Complaint and suspending his occupational license "for a period of no less than 10 days and continuing until the Respondent provides proof that he has satisfied his outstanding financial obligation" to PRPA. DONE AND ENTERED this 1st day of May, 2001, in Tallahassee, Leon County, Florida. STUART M. LERNER 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 1st day of May, 2001.
The Issue Whether Petitioner should receive a waiver of criminal conviction, making him eligible to receive an occupational license from Respondent, the Division of Pari-Mutuel Wagering?
Findings Of Fact Petitioner submitted an application to Petitioner, the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (Division) on or about July 25, 2009, for a pari-mutuel wagering occupational license. The Division is the state agency charged with regulation of pari-mutuel wagering pursuant to Chapter 550, Florida Statutes, and is responsible for licensing employees of pari-mutuel facilities. The following question appeared on Respondent's application for licensure: Have you ever been convicted of or had adjudication withheld for any crime, or pled guilty or nolo contendere to any criminal charges against you? If yes, give details in the space provided below. In the space provided, Petitioner disclosed a 1996 felony conviction for Trafficking Cocaine in Dodge County, Georgia. In August 1996, in the Superior Court of Dodge County, Georgia, Petitioner pled guilty to the charges of Trafficking in Cocaine, a felony, and to the lesser included offense of Obstruction of an Officer, a misdemeanor. Petitioner was sentenced to 10 years in prison.1/ On August 13, 2009, Petitioner completed a waiver application for a pari-mutuel wagering license (PMW license). Charles Taylor is an investigator for the Division. He was assigned Petitioner's case and conducted a waiver interview of Petitioner. Mr. Taylor has been an investigator for the Division for approximately three years. His duties include conducting investigations of waiver cases, processing any documents, and obtaining any necessary information. He also performs other types of investigations for the Division and has approximately 18 years of experience in the pari-mutuel wagering industry. Mr. Taylor conducts such interviews to meet the waiver applicant and obtain any mitigating or aggravating circumstances regarding their criminal history and to discuss with the applicant what has happened since the conviction. That is, Mr. Taylor looks for evidence of rehabilitation and evidence of good moral character. While Petitioner received a 10-year sentence, he left prison in 1999 and was placed on parole for six years, which terminated in 2005. Petitioner attended A.A. and N.A. meetings while incarcerated. While on parole, he submitted to drug tests. Since leaving prison, Petitioner has not been in any trouble with the law. He has been driving a truck and training horses in Georgia. He wants his Florida PMW license to train horses at Hialeah. Petitioner believes that he has changed and has turned his life around from his criminal past. Petitioner has four children, one of which lives with him. He participates in church.
Recommendation Upon consideration of the facts found and the conclusions of law reached, it is RECOMMENDED: That a final order be entered denying Petitioner’s application for a pari-mutuel license at this time. DONE AND ENTERED this 22nd day of April, 2010, in Tallahassee, Leon County, Florida. S BARBARA J. STAROS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of April, 2010.
The Issue The issues are whether Respondent issued a voucher ticket without obtaining cash or cash equivalent in exchange, in violation of Florida Administrative Code Rule 61D-7.020(5)(b); had adjudication withheld on felony charges involving larceny, in violation of section 849.086(6)(g), Florida Statutes (2014); or was ejected from Gulfstream Park, in violation of section 550.0251(6), Florida Statutes, as alleged in the Second Amended Administrative Complaint; and if so, what is the appropriate sanction.1/
Findings Of Fact The Division is the state agency charged with regulating pari-mutuel wagering and cardrooms in the state of Florida, pursuant to chapter 550 and section 849.086. On April 27, 2014, Mr. Havey was licensed by the Division and was working at Silks mutuels window number 607 at Gulfstream Park, a facility authorized to conduct pari-mutuel wagering and cardroom operations. At the end of the day on April 27, 2014, Mr. Havey's cash drawer did not balance. After a review of surveillance tapes and other information, Mr. Jorge Aparicio, a security director with Gulfstream Park, decided to investigate further. On May 2, 2014, when Mr. Havey returned to work, he was interviewed by Mr. Aparicio about the missing money. Mr. Havey initially stated that he accidently printed out a voucher for $5,000.00 for his friend Darren, when he had intended to punch the voucher for only $500.00. He said that Darren was supposed to give him the money at the end of the day. Later, Mr. Havey stated he really printed out the voucher for $5,000.00, placed it in his right shirt pocket, and gave the voucher to his friend Eddy inside the men's restroom for his friend to cash. Later that day, Mr. Havey prepared a written statement regarding the money missing from his cash drawer. He wrote: My friend Eddy needed 500. loan because I told he was being thriten. I offer to help Eddy by giving him 500 vocher. Eddy told me he would pay me back in a week. Eddy didn't want to come to my window #607. Eddy asked me to meet in the bathroom. I punched a $500 vocher I thought but it ended being a $5000. vocher. I gave him the vocher & never saw Eddy again. I planded on browing the five hundred from my friend to put $500. back in my money so I would balance, but[.] Mr. Aparicio testified that Mr. Havey could not give a last name or address for his friend and noted that the name of the friend given by Mr. Havey changed during the course of the interview. After the interview, Mr. Aparicio called the president of Gulfstream Park and described what had taken place. He was directed to call the police and to exclude Mr. Havey from the property indefinitely. As reflected in the Security Report, Mr. Havey was "excluded indefinitely" from Gulfstream Park on May 2, 2014. This action did not necessarily bar Mr. Havey from the park permanently, for the president could allow him to return, but he was excluded unless and until the president took further action. This "indefinite" exclusion constituted an ejection from Gulfstream Park. When Mr. Havey left the investigation room, the Hallandale Beach Police were there. Mr. Havey testified that they did not ask him a single question, but immediately placed him under arrest and handcuffed him. On August 21, 2014, Mr. Havey entered a plea of nolo contendere to a charge of grand theft in the third degree in the Seventeenth Judicial Circuit Court, in and for Broward County, Florida. Adjudication was withheld. He was placed on 24 months' probation, with the condition that he pay Gulfstream Park $4,500.00 in restitution within 18 months. At hearing, Mr. Havey admitted he issued a voucher ticket without receiving cash or cash equivalent in return. He also testified that he pled no contest with the understanding that if he paid $4,500.00 restitution to Gulfstream Park, the charges would be "disposed of," and his record would be clear. Clear and convincing evidence shows that on April 27, 2014, Mr. Havey issued a voucher ticket without receiving cash or cash equivalent in return; that he was ejected from Gulfstream Park on May 2, 2014; and that he pled nolo contendere to grand theft in the third degree on August 21, 2014, with adjudication withheld. Mr. Havey testified that he has been involved in pari- mutuel wagering in various parks, in dog racing, and Jai Alai for 40 years. He stated that the incident was "out of his character," that it was drug and alcohol related, and that he was not thinking clearly. He testified that he could barely remember what had happened on that "dark day" in his life. He said that he sought treatment and is now on the way to full recovery. Mr. Havey expressed remorse for his actions. Mr. Havey testified that he is now working part time at Mardi Gras Casino in Hallandale. He has performed well and has not been in any trouble there. He noted, however, that he is only making $10.00 per hour, rather than the $25.00 per hour he was making at Gulfstream Park. He lamented that it is extremely difficult to "keep a roof over your head" on only $250.00 a week and that he needed to work for a few more years. He stated that his wife should shortly be receiving money for a disability claim and that when she did so, he would pay Gulfstream Park full restitution. He testified that he hoped that the president of Gulfstream would then let him return. No evidence of prior discipline was introduced.
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: (1) finding that Mr. Patrick M. Havey was in violation of Florida Administrative Code Rule 61D-7.020(5)(b), was ejected from a pari-mutuel facility, and had adjudication withheld on a felony involving larceny; and (2) revoking his pari-mutuel occupational license. DONE AND ENTERED this 17th day of May, 2016, in Tallahassee, Leon County, Florida. S F. SCOTT BOYD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of May, 2016.
The Issue The issues in this case are whether Respondent violated Section 550.2415(1)(a), Florida Statutes (1996)1 by allowing a greyhound with a drug, medication, stimulant, depressant, hypnotic, narcotic, or local anesthetic, in its system to enter and complete a race and, if so, what, if any, disciplinary action should be taken against Respondent's pari-mutuel wagering occupational and business licenses.
Findings Of Fact Petitioner is the state agency responsible for regulating the pari-mutuel industry in the state, including the regulation and discipline of licensees such as Respondent. Respondent holds an Unrestricted "U1 " Professional individual pari-mutuel wagering occupational license, number 0526562-1081, and a business occupational pari-mutuel wagering license, number 1364008-1080, for Ron Runge Kennel. Respondent is the trainer of record for Prunella Scales ("Prunella"), a greyhound. On February 22, 1997, the Respondent entered Prunella in the thirteenth race at Sanford-Orlando Kennel Club (the "race") and allowed Prunella to complete the race. Prior to the start of the race, urine sample number 267912 was taken from Prunella. The urine analysis conducted by the Bureau of Laboratory Services revealed the presence of ecgonine methyl ester in sample number 267912. Ecgonine methyl ester is a metabolite of cocaine. Cocaine is a topical anesthetic and a class 1 drug. Respondent violated Section 550.2415(1)(a) by entering Prunella in the race with an impermissible drug in its system and allowing Prunella to complete the race in such a condition. As the trainer of record, Respondent is responsible for of the condition of a greyhound that he or she enters in a race. Respondent has an extensive disciplinary history. In August 1994, Petitioner fined Respondent $25.00 for racing a greyhound on an impermissible drug and redistributed the purse money. In September 1994, Petitioner fined Respondent a total of $50.00 for racing two greyhounds on an impermissible drug. In one instance, Petitioner redistributed the purse money. In November 1994, Petitioner fined Respondent $25.00 for racing a greyhound on an impermissible drug. Respondent's pari-mutuel occupational license was suspended until he paid the fine. In September 1995, Petitioner fined Respondent a total of $50.00 for racing two greyhounds on an impermissible drug. In one instance, the purse money was redistributed. In January 1996, Petitioner fined Respondent $100.00 for racing a greyhound on an impermissible drug and suspended Respondent's pari-mutuel occupational license until Respondent paid the fine. In March 1996, Petitioner fined Respondent $50.00 for racing a greyhound on procaine, an impermissible substance. In March 1997, Petitioner summarily suspended Respondent's licenses and denied Respondent all access to pari-mutuel grounds during the period of suspension. In addition to the foregoing drug violations, Respondent was found guilty of improperly using rabbits in the training of racing greyhounds in November 1991. He was fined $250.00 for that violation. On March 11, 1995, Respondent was fined $50.00 for presenting the wrong greyhound at the weigh-in, and on July 30, 1996, he was fined $50.00 for failure to present the proper greyhound at the weigh-in. Prior disciplinary action has been ineffective in rehabilitating Respondent. Respondent persists in the prohibited practice of racing animals on impermissible substances. License suspension and fines have no deterrent effect on Respondent. Respondent is not a viable candidate for rehabilitation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order and therein find Respondent guilty of violating Section 550.2415(1)(a) by racing an animal with an impermissible drug in its system and revoke Respondent's licenses. DONE AND ENTERED this 9th day of January, 1998, in Tallahassee, Leon County, Florida. Hearings Hearings DANIEL MANRY Administrative Law Judge Division of Administrative The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative this 9th day of January, 1998.
