The Issue Whether the respondent committed the violations alleged in the Administrative Complaint, and, if so, the penalty which should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and the entire record of this proceeding, the following findings of fact are made: Dr. Allen is, and has been at all times relevant to this proceeding, a licensed veterinarian in the State of Florida, having been issued license number VM 0003475 by the Department of Business and Professional Regulation. The Department is the licensing authority for persons who seek to practice veterinary medicine in Florida. The Division of Pari-Mutuel Wagering ("Division") is a subdivision of the Department of Business and Professional Regulation. It is the licensing authority for the pari-mutuel wagering industry, with the responsibility for issuing occupational licenses to persons connected with racetracks, including veterinarians. The Division does not have jursidiction to issue or discipline licenses to practice veterinary medicine in Florida. Three stewards are assigned to a racetrack to ensure that the rules of racing are followed; one is employed by the state and two by the racing association at the particular pari-mutuel facility. The stewards have the authority to impose discipline upon persons who have pari-mutuel wagering occupational licenses if they find that the rules have been violated. On December 21, 1993, Dr. Allen was working at Calder Race Course as a veterinarian, and he was fined $500.00 in a ruling of the stewards at the Tropical Park at Calder Race Course for violation of Calder Racing Association Rule 1.21(4). The fine was imposed for Dr. Allen's failure "to conduct his business in a proper manner as an equine veterinarian in regard to the keeping of his records and the filing of bills." The charge which was the subject of the stewards' ruling derived from testimony Dr. Allen gave during a stewards' hearing regarding a positive drug test on a race horse named Ski Robbery. The charges at issue in the hearing were not brought against Dr. Allen but against the trainer of Ski Robbery. However, during the course of his testimony at the hearing, Dr. Allen admitted that he had added money to a bill submitted to the trainer for services rendered to Ski Robbery. On January 31, 1994, the Division filed an Administrative Complaint against Dr. Allen's pari-mutuel wagering occupational license, alleging violation of several of the Division's rules. In its Administrative Complaint, the Division alleged, among other things, that Dr. Allen had admitted to padding his bill to an owner/trainer by administering only one of the several drugs listed on the bill and that Dr. Allen had included an entry on a Veterinary Report of Medication filed with the state which was, by his own admission, false. On June 7, 1994, Dr. Allen entered into a Consent Order with the Division to settle the case and avoid further litigation. The Division of Pari- Mutuel Wagering agreed to accept a fine of $1,000 from Dr. Allen in full resolution of the matters contained in the Administrative Complaint. The Consent Order expressly stated that Dr. Allen did not admit liability or culpability with regard to the charges alleged in the Administrative Complaint.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Board of Veterinary Medicine enter a Final Order finding Jonathan S. Allen guilty of violating section 474.214(1)(b), Florida Statutes (1993), imposing an administrative fine of $500.00 for this violation, and dismissing Count II of the Administrative Complaint. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 19th day of March 1996. PATRICIA HART MALONO 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 19th day of March 1996.
The Issue Whether the Order of Summary Suspension of Respondent's license as a greyhound trainer filed September 20, 2002, is appropriate.
Findings Of Fact The Department presented the laboratory reports from the University of Florida, College of Veterinary Medicine, Racing Laboratory, showing positive test results in seven samples for Benzoylecgonine, a metabolite of cocaine. Cocaine is a topical anesthetic and a Class 1 drug. The Benzoylecgonine was found in the following samples: 865286, 865667, 865724, 865725, 889275, 889359, and 889492. The Department presented documentation establishing that all the samples were taken from greyhounds that raced at Naples-Fort Myers Greyhound Track, identified as Track 142. Petrillo was the trainer for the greyhounds at the time the samples were taken and, as the owner's witness, witnessed the taking of the samples after each greyhound had completed its race. Petrillo was issued a greyhound trainer's license, number 1558181, by the Department on May 4, 2002. Petrillo denied that he administered the drug to the animals. According to his testimony, others may have had access to the greyhounds prior to the races in which the dogs participated.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered continuing the summary suspension of Steven M. Petrillo's license until the entry of a final order on the pending administrative complaints. DONE AND ENTERED this 18th day of October, 2002, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 18th day of October, 2002. COPIES FURNISHED: Joseph M. Helton, Jr., Esquire Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 Steven M. Petrillo 17401 Butler Road Fort Myers, Florida 33912 Hardy L. Roberts, III, 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 Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact The parties At all times material hereto, respondents, Grover C. Wheeler (Wheeler) and Robert L. Miller (Miller) held pari-mutual wagering occupational license numbers 0292781 and 0303824, respectively. Wheeler is licensed as a horse owner and trainer, and Miller is licensed as a horse owner. Respondents, William W. McKibbin (McKibbin) and Gaylord Huenfeld (Huenfeld) are the owners of the quarterhorses "OJ's Diamond" and "Makeaduckdance", respectively. At all times material hereto, McKibbin and Huenfeld had employed Wheeler to train and race their horses. The 1987 quarterhorse meet During the 1987 quarterhorse meet at Pompano Park Race Track, an association authorized to conduct quarterhorse racing in the State of Florida, Wheeler was the trainer of a number of horses, including "OJ's Diamond", "Makeaduckdance", "Mr. Tony B. Tuff", "Saint Shining", and "The Game Time." Miller, although licensed as a horse owner, was a full-time employee of Wheeler. On May 13, 1987, Wheeler ran "OJ's Diamond" in the First Division Laddie Stake trials. "OJ's Diamond" was the winner of the trials, and thereby qualified for the Laddie Stake Race to be held on May 22, 1987. When the Laddie Stake Race was run on May 22, 1987, "OJ's Diamond" won, and McKibbin was awarded the first place purse for the race. On May 14, 1987, Wheeler ran "Makeaduckdance" in the Seventh Division Lassie Stake trials. "Makeaduckdance" was the winner of the trials and thereby qualified for the Lassie Stake race on May 22, 1987. When the Lassie Stake race was run on May 22, 1987, "Makeaduckdance" won, and Huenfeld was awarded the first place purse for the race. On May 15, 1987, Wheeler ran "Mr. Tony B. Tuff" in the sixth race at Pompano Park. "Mr. Tony B. Tuff" finished second in that race. Between the eighth and ninth race of May 15, 1987, David Boyd, then chief investigator for the Division of Pari-Mutual Wagering, accompanied Dr. Phillips, a veterinarian, to Wheeler's barn to witness the treatment of a horse. Upon arriving at the barn, Mr. Boyd observed Miller and another individual later identified as Bruce Edmunds, a quarterhorse trainer and acquaintance of Wheeler. Mr. Boyd observed Miller call Edmunds over to him and engage in a brief conversation, after which Edmunds proceeded to a plastic bucket located under the shed row of Wheeler's barn, which he removed to Wheeler's tack room. Considering Edmunds' and Miller's behavior unusual, Mr. Boyd followed Edmunds to Wheeler's tack room where he confronted Edmunds with his credentials and inspected the contents of the bucket. At that time, Mr. Boyd learned that Edmunds did not own the bucket, but had been requested by Miller to remove it from the shed row to the tack room. An inventory and analysis of the contents of the bucket revealed the presence of hypodermic needles, syringes, and various injectable bottles which contained Buprenorphine, Naloxon, and Oxymorphone, all narcotic drugs. Additionally, a racing program was found among the contents of the bucket which contained both Wheeler's and Miller's fingerprints. While Wheeler was not present at the barn when the bucket was discovered, the evidence links him and Miller inexplicably to it and its contents. Notably, Wheeler was observed in his tack room on May 13, 1987, with an injectable type syringe. Following Mr. Boyd's discovery, the state steward was notified, and the horses Wheeler had entered in the eleventh and twelfth races, "Saint Shining" and "The Game Time," respectively, were scratched on suspicion that they may be under the influence of a narcotic. Subsequently, the urine samples that had been taken from "OJ's Diamond" following its win on May 13, 1987, from "Makeaduckdance" following its win on May 14, 1987, and from "Mr. Tony B. Tuff", "Saint Shining" and "The Game Time", following the discovery of the bucket on May 15, 1987, were analyzed. Upon analysis, the urine samples taken from each horse proved positive for the presence of Buprenorphine, a narcotic drug. Buprenorphine is a synthetic morphine derivative which, in low dosage, has a stimulatory effect on animals. In such doses, the drug will cause a horse to exceed its natural running ability. At no time did Wheeler or any respondent offer any proof that the subject drugs were possessed or administered under the authority of a prescription issued by a physician or veterinarian, nor did they notify the state steward that such substances would be upon the association's premises.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department enter a final order as follows: Revoking Wheeler's trainer and horse owner license number 0292781. Sustaining the suspension of Miller's owner license number 0303824, and suspending such license for the period commencing on the date of its emergency suspension until the date of the final order entered herein. Redistributing the purses awarded in the Laddie and Lassie Stakes finals according to revised racing results based on the disqualification of "OJ's Diamond" and "Makeaduckdance." DONE AND ENTERED in Tallahassee, Leon County, Florida, this 30th day of September, 1988. WILLIAM J. KENDRICK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1050 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of September, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NOs. 88-0993, 88-1335, 88-1336, 88-1337, 88-1338 Petitioner's proposed findings of fact are addressed as follows: Addressed in paragraph 1. Addressed in paragraphs 3-6 and 10. 2(sic)-4. Addressed in paragraphs 12 and 13. Addressed in paragraphs 7 and 8. Addressed in paragraph 9. Addressed in paragraphs 9 and 10. Addressed in paragraph 14. COPIES FURNISHED: W. Douglas Moody, Esquire Deputy General Counsel Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1007 Norman Rose, Esquire Attorney for Grover C. Wheeler and Gaylord Huenfeld Radice Corporate Center 800 Corporate Drive Suite 224 For Lauderdale, Florida 33334 Robert L. Miller, Esquire Post Office Box 3611 Plant City, Florida 34289 William W. McKibbin 4603 Northwest 6th Street Gainesville, Florida 32609 Van B. Poole, Secretary Department of Business Regulation The Johns Building 725 South Bronough Street Tallahassee, Florida 32399-1000 Billy Vessel, Director Pari-Mutual Wagering 1350 Northwest 12th Avenue Room 332 Miami, Florida 33136-2169 Joseph A. Sole, Esquire General Counsel Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1000
The Issue The Petitioner has accused Respondent, Francis Clifford Joyce, with a violation of Rule 7E-1.06(11)(a), Florida Administrative Code, which reads: (a) The running of a horse in a race with any narcotic, stimulant, depressant or local anesthetic is prohibited. If the stewards shall find that any narcotic, stimulant, depressant or local anesthetic has been administered or attempted to be administered, internally or externally, to a horse before a race, such stewards/ shall impose such punishment and take such other action as they may deem proper under any of the rules, including reference to the Division, against every person found by them to have administered, or to have attempted to administer, or to have caused to be administered, or to have caused an attempt to administer, or to have conspired with another person to administer, such narcotic, stimulant, depressant or local anesthetic. If the Division laboratory shall find a positive identification of any such medication, such finding shall constitute prima facie evidence that such horse raced with the medication in its system. Under the accusation, the Respondent is made responsible pursuant to the provisions of Rule 7E-1.18(3), Florida Administrative Code, which indicates that "The trainer shall be responsible for, and be the insurer of the conditions of the horses he enters. Trainers are presumed to know the rules of the Division." Specifically, Respondent Joyce is accused under facts that allege that on December 2, 1978 the horse Sensinita, trained by the Respondent, did race in the tenth (10th) race at Tropical Park Inc., finishing in the second (2nd) position. Subsequent to the race on the same date, a urine specimen was taken from the horse, Sensinita, and assigned sample number 509910A, and that specimen was allegedly analyzed by the Petitioner's laboratory. It is further alleged that on February 20, 1979, the Division of Pari-Mutuel Wagering laboratory reported the results of the test and that report showed that the urine sample contained Despropionyl Fentanyl, which is classified as a derivative of Fentanyl, a narcotic.
Findings Of Fact This cause comes on for consideration based upon a Notice to Show Cause (Administrative Complaint) filed by the Petitioner, State of Florida, Department of Business Regulation, Division of Pari-Mutuel Wagering, against Francis Clifford Joyce. At all times pertinent to the Administrative Complaint, Francis Clifford Joyce was a holder of License Numbers K-4547, K-4201 and K-575 issued by the Petitioner to Respondent, Francis Clifford Joyce, to operate as a horse trainer for horses racing at the various race tracks located in the State of Florida. The Petitioner, State of Florida, Department of Business Regulation, Division of Pari-Mutuel Wagering, is an agency of the State of Florida charged with the duty of the regulation of, among other things, the matters pertaining to thoroughbred horse racing in the State of Florida. The authority for such regulation is found in Chapter 550, Florida Statutes, and those rules promulgated to enforce the provisions of that chapter. Included in that body of rules are Rule 7E-1.06(11)(a) and 7E-1.18(3), Florida Administrative Code, alluded to in the issue statement of this Recommended Order. Those rules as set out in the issue statement shall serve as a basis for determining the facts and reaching the legal conclusions necessary to formulate a decision in this matter and official recognition is taken of the aforementioned rules. Facts in the case reveal that the Respondent, Francis Clifford Joyce, was operating in his capacity as a trainer on December 2, 1978, at the Tropical Park, Inc. race course in Florida. On that date a horse for which he was the trainer, named Sensinita, ran in the tenth (10th) race and finished in second (2nd) place. On the date of the race and prior to the race the horse was seen and treated by a veterinarian, Carl J. Meyer, DVM. This included a treatment for a condition which Dr. Meyer described as Myopathy. In actuality, Dr. Meyer injected the horse with Sublimaze under the guise of treating the horse for Myopathy. A urine sample taken from the horse shortly after the conclusion of the race and on the same data as the race was examined by a series of tests, and the urine sample revealed a positive identification of a substance known as Despropionyl Fentanyl, which is classified as a derivative of Fentanyl, a narcotic. This particular narcotic, Fentanyl, metabolizes to become Despropionyl Fentanyl, a central nervous system stimulant in horses. The trade name for Fetanyl is Sublimaze. The Respondent did not know that Dr. Meyer had injected Sensinita with the substance, Sublimaze, on the date of the race. Respondent had made inquiry of Dr. Meyer concerning treatment for Myopathy in October, 1978, related to the horse, Hawaiian Gardens. At that point, Dr. Meyer indicated that treatment for Myopathy was a treatment for the horse's nervous system. Subsequent to this discussion, the Respondent read an article related to allegations against other trainers who had been accused of violating the same provisions as set out in the present Notice to Show Cause, dealing with the same alleged narcotic. Among those individuals was one Frank Rudolph Solimena. Shortly after finding out about the allegations related to the other trainers, Respondent approached Dr. Meyer and asked him if he had given Hawaiian Gardens the same substance which Respondent thought Dr. Meyer might have given Solimena's horses. Dr. Meyer denied giving Hawaiian Gardens Sublimaze and told the Respondent not to worry about anything. The Respondent then became informed of a newspaper article claiming that the narcotic, Fentanyl/Sublimaze, had been given to his horse, Hawaiian Gardens, prior to running a race on October 16, 1978. Following this publication, a Notice to Show Cause was filed, a formal hearing was held and a Recommended Order was entered in DOAH. Case No. 79-228, now on review for final order. Prior to any notification by the Petitioner or through the media that a positive sample had bean allegedly detected in the test of the urine sample of Hawaiian Gardens, Respondent ceased to use Dr. layer to treat his horses and, effective December 4, 1978, the Respondent began using a Dr. Teigland, DVM. On or about February 20, 1979, Joyce received notice of the positive urine sample related to Sensinita's race which is the subject herein. On June 22 or 23, 1978, following the formal hearing on the subject of the horse, Hawaiian Gardens, and its race of October 16, 1978, Joyce again spoke with Dr. Meyer about his possible use of illegal narcotics in the horses Joyce was training. Dr. Meyer laughed and responded to the effect that the Respondent would not have a problem with prosecution for horses Meyer had treated. In summary, it is evident that Sensinita ran in the tenth (10th) race at Tropical Park, Inc. on December 2, 1978, at a time when the substance, Dispropionyl Fentanyl, was in its system and this had resulted from Dr. Meyer's infusion of Sublimaze. Joyce had no knowledge of Dr. Meyer's intentions on that date or the act of infusing the horse, nor did the Respondent have any reason to believe that the horse would be infused with Sublimaze.
Recommendation It is recommended that the case against the Respondent, Francis Clifford Joyce, related to the incident of December 2, 1978, involving the horse, Sensinita, be DISMISSED DONE and ENTERED this 5th day of September, 1979, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: W. S. Frates, Esquire FRATES, FLOYD, PEARSON, STEWART, RICHMAR & GREER One Biscayne Tower 25th Floor Miami, Florida 33131 David M. Maloney, Esquire Francis Clifford Joyce Department of Business 1015 South 17th Avenue Regulation Hollywood, Florida 33020 725 South Bronough Street Tallahassee, Florida 32301
The Issue This is a license discipline proceeding in which the Petitioner seeks to take disciplinary action against the Respondent on the basis of allegations that the Respondent has violated Section 550.105(6), Florida Statutes and Rule 61D-1.006(3)(a)2, Florida Administrative Code, by having unpaid financial obligations that directly relate to racing being conducted at a pari-mutual facility within this state.
Findings Of Fact At all times material to this case, David Monaci, an individual, held three pari-mutuel wagering occupational licenses, to-wit: Thoroughbred Trainer, DPMW license number 1079030-3050; Authorized Agent, DPMW license number 1079030- 1047; and an Unrestricted "U1" Professional license, DPMW license number 1079030-1081. David Monaci has some form of interest in, or relationship with, a corporation that is named either David Monaci Stable Inc., or D. Monaci Stable, Inc. The nature and extent of David Monaci's interest in, or relationship with, that corporation is not revealed by the evidence in this case. 3/ At some time during 1993, David Monaci, acting on behalf of the corporation named David Monaci Stable, Inc., or D. Monaci Stable, Inc., entered into an agreement with the Country Western Store in Davie, Florida, pursuant to which the Country Western Store would supply food and other necessities for the race horses being handled by David Monaci at the Gulfstream Park horse race track. The food and other necessities supplied by the Country Western Store were invoiced to "David Monaci Stable, Inc.", at an address in New Jersey. After the invoices went unpaid for a number of months, the Country Western Store quit providing anything for the race horses being handled by David Monaci. Shortly thereafter, the Country Western Store filed a lawsuit in Circuit Court in Broward County, Florida, against David Monaci Stable, Inc., seeking to recover the amount owed for the food and necessities it had furnished for race horses handled by David Monaci. On September 8, 1994, a Final Judgement was entered in favor of the Country Western Store and against David Monaci Stable, Inc. The Final Judgement provides, in pertinent part: 2. Plaintiff does have and recover from the Defendant, DAVID MONACI STABLE ,INC., the sum of $20,013.46 for damages, $224.76 for costs, $605.00 for attorneys fees, and $915.19 for interest, for all of which let execution issue. As of the date of the formal hearing in this case, nothing has been paid towards the satisfaction of the Final Judgement described immediately above. The Country Western Store did not sue David Monaci individually. The Country Western Store does not have a Final Judgement against David Monaci individually. The extent, if any, to which David Monaci in his individual capacity may or may not be responsible for the debts of David Monaci Stable, Inc., is not revealed by the evidence in this case.
Recommendation On the basis of all of the foregoing, it is Recommended that a Final Order be issued in this case dismissing all charges in the Administrative Complaint on the grounds that the evidence is insufficient to prove that the license holder, David Monaci, is responsible for any of the debts or obligations. DONE AND ENTERED this 14th day of August, 1996, in Tallahassee, Leon County, Florida. MICHAEL M. PARRISH, 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 14th day of August, 1996.
The Issue Whether the Respondent committed the acts alleged in the Administrative Complaint.
Findings Of Fact The Respondent in this case is Robin Karoly. Two horses, Daisy and Sugar, were the subject of this proceeding. Both Daisy and Sugar were infected with EIA. The Respondent knew Daisy and Sugar were both infected with EIA. Neither Daisy nor Sugar had received a negative Coggin's Test since being diagnosed with EIA. EIA or "Swamp Fever" is an equine disease. EIA is spread by blood sucking insects biting an infected horse and thereafter biting an uninfected horse. The disease can also be spread by the use of hypodermic needles contaminated with the blood of infected horses. There is no known cure for EIA. Once infected, a horse has EIA for the rest of its life. Chapter 585, Florida Statutes, and Rule 5C-18, Florida Administrative Code, provide that horses infected with EIA can be dealt with in one of three ways. An infected horse can be quarantined at a Department-approved site and its movement controlled by the Department; or the horse can be euthanized or sold for slaughter. The meat of horses which are destroyed with the use of drugs cannot be sold; however, the meat from horses which are shot may be sold. When a veterinarian diagnoses a horse with EIA, a report is made to the Department. The standard test for EIA is the AGIE Test, commonly known as a Coggin's Test. The results of the Coggin's Test are reported to the Department on VS Form 10-11. When an infected horse is diagnosed it is given an identification number by the Department and the identification number is freeze branded or tattooed on the left side of the horses neck. A Coggin's Test is considered valid for twelve months. In the state of Florida, a negative Coggin's Test must have been performed within the previous twelve months before a horse may be sold or possession transferred. The EIA disease control program seeks to control EIA by quarantining infected animals or destroying the infected animals. A horse infected with EIA cannot be moved from a quarantine location until a permit is issued by the Department. Infected animals can only be moved to approved quarantined sites. Quarantined sites are approved by the Department. On June 24, 1994, the Respondent and Paula Elmore took possession of four horses which were infected with EIA. Two of the horses were named Daisy and Sugar. See Petitioner's exhibit 6. At that time the Respondent and Paula Elmore were engaged in a personal relationship, and both were active in the care of horses infected with EIA. The Respondent knew that Daisy, an eight-year-old gray mare, ID Number 58 1556 and Sugar, a twenty-four-year-old paint, ID Number 58A6009, were both infected with EIA. See stipulated facts. On June 25, 1994, Daisy and Sugar were quarantined at the R.K. Isolation Lot, also known as the R. K. Ranch, a EIA quarantine site approved by the Department, located at 10200 NW 138th Street, Miami Lakes, Florida. See Petitioner's exhibit 7. Subsequently, uninfected horses were moved into a pasture adjoining R. K. Ranch, and the Department determined that the infected horses at R. K. Ranch would have to be moved. Discussions regarding moving the infected horses were on-going between the Department and Respondent and Elmore. The Respondent was officially notified by the Department on or about April 1, 1996, that the EIA-infected horses would have to be removed from the R.K. Ranch. The notice provided that the horses would have to be moved to another approved quarantined site or disposed via of euthanasia or slaughter. The Respondent testified at hearing. By the end of March 1996, the Respondent and Paula Elmore had severed their personal relationship and the Respondent urged Elmore to comply with the Department's demands to move the horses by having the horses euthanized or slaughtered. On or about March 30, 1996, Elmore called the Respondent and advised that she had arranged for the horses to be slaughtered. Towards that end, the Respondent met with Elmore to receive money from her prior to meeting the person responsible for slaughtering the horses and disposing of their bodies. The Respondent met with Elmore during his work day, received the money, and went to the R.K. Ranch where he met a Hispanic man to whom he delivered the money for the slaughter and disposal of the horses. Prior to the horses' disposal, the Respondent left and returned to his place of work. The Respondent faxed to the Department to the attention of Dr. Jeter two forms showing that Sugar and Daisy had been euthanized on March 30, 1996. The Respondent had nothing further to do with the horses. These certificates, which were introduced as the Department's exhibits 5 and 6, state as follows: This is to certify that the following EIA reactor owned by Robin Karoly 5641 SW 37 St Davie Fl 33314 (Name and Address) was euthanized on 3/30/96 (Date) Same as above (Name and Title) and the carcass disposed of by Hoof & Halter Foundation of Fla. (Means of disposal) Animal Identification: Sugar Paint 25 Gelding Name or Registry No. Breed Age Sex 58A6009 (Reactor Tattoo or Brand No.) Euthanasia of this animal was entirely voluntary on my part and I understand that I am not entitled to indemnity. \Robin Karoly\ (Signature) 4/2/96 (Date) This is to certify that the following EIA reactor owned by Robin Karoly 5641 SW 37 St Davie Fl 33314 (Name and Address) was euthanized on 3/30/96 (Date) Same as above (Name and Title) and the carcass disposed of by Hoof & Halter Foundation of Fla. (Means of disposal) Animal Identification: Daisy Mixed 9 Mare Name or Registry No. Breed Age Sex Bay 58 1556 (Color) (Reactor Tattoo or Brand No.) Euthanasia of this animal was entirely voluntary on my part and I understand that I am not entitled to indemnity. \Robin Karoly\ (Signature) 4/2/96 (Date) The business card of Halter and Hoof was included with each faxed certificate. On or about June of 1997, Debbie Beye Barwick observed a horse in a pasture near I-75 and Sheridan Street in Broward County which she identified as Daisy. The basis of the identification was the horse's color and a distinctive injury to the horse's leg. Jimmy Cangemie an inspector for the Department, inspected the horse which was suspected to be Daisy in the pasture at I-75 and Sheridan Street. Cangemie identified the horse by the unique freeze brand on the horse's neck. Cangemie, who was the Department's agent in Broward and Dade Counties, had not approved the movement of Daisy from the R.K. Ranch to the Sheridan Street and I-75 pasture, and had not approved the I-75 and Sheridan Street pasture as a quarantine site. As the Department's agent, Cangemie was charged with the duty of approving all quarantined sites in Broward and Dade Counties. Linda Baca testified that she saw a horse which she identified as Sugar in the I-75 and Sheridan Street pasture; however, neither Baca nor any of the other witnesses were able to positively identify the horse with its unique freeze brand.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is, RECOMMENDED: That no action be taken against the Respondent. DONE AND ENTERED this 5th day of June, 1998, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 Filed with the Clerk of the Division of Administrative Hearings this 5th day of June, 1998.
The Issue The Petitioner has accused the Respondent, Vaz Rolando Street, with a violation of Rule 7E-1.06(11)(a), Florida Administrative Code which reads: a) The ruining of a horse in a race with any narcotic, stimulant, depressant or local anesthetic is prohibited. If the stewards shall find that any narcotic, stimulant, depressant or local anesthetic has been administered or attempted to be administered, internally or externally, to a horse before a race, such stewards shall impose such punish- ment and take such other action as they may deem proper under any of the rules, including reference to the Division, against every person found by them to have administered, or to have attempted to administer, or to have caused to be administered, or to have caused an attempt to administer, or to have conspired with another person to administer, such narcotic, stimulant, depressant or local anesthetic. If the Division laboratory shall find a positive identification of any such medication, such finding shall constitute prima facie evidence that such horse raced with the medication in its system. Under the accusation, the Respondent is made responsible pursuant to the provisions of Rule 7E-1.18(3), Florida Administrative Code, which indicates that, "The trainer shall he responsible for, and be the insurer of the conditions of the horses he enters. Trainers are presumed to know the rules of the Division." Specifically, Respondent Street is accused under facts that allege that on November 15, 1978, the horse, Turn To Chance, trained by the Respondent, did race in the sixth race at Tropical Park, Inc., finishing in the first position. Subsequent to the race, and on the same date, a urine specimen was taken from the horse, Turn To Chance, and assigned sample number S90559A and the specimen was allegedly analyzed by the Petitioner's laboratory. It is further alleged that on February 13, 1979, the Division of Pari-Mutuel Wagering laboratory reported the results of the test. That report showed that the urine sample contained Despropionyl Fentanyl, a narcotic.
Findings Of Fact This cause comes on for consideration based upon a Notice to Show Cause (Administrative Complaint) filed by the Petitioner, State of Florida, Department of Business Regulation, Division of Pari-Mutuel Wagering, against Vaz Rolando Street. At all times pertinent to the Administrative Complaint, Vaz Rolando Street was the holder of license No. K-2282 issued by the Petitioner to the Respondent, Vaz Rolando Street, to operate as a horse trainer (authorized agent) for horses racing at the various race tracks located in the State of Florida. The Petitioner, State of Florida, Department of Business Regulation, Division of Pari-Mutuel Wagering, is an agent of the State of Florida charged with the duty of the regulation of, among other things, the matters pertaining to thoroughbred horse racing in the State of Florida. The authority for such regulation is found in Chapter 550, Florida Statutes, and those rules promulgated to enforce the provisions of that chapter. Included in the body are Rules 7E-1.06(11)(a) and 7E-1.18(3), Florida Administrative Code, alluded to in the issue statement of this Recommended Order. Those rules as set out in the issue statement shall serve as a basis for determining the facts and reaching the legal conclusions necessary to formulate a decision in this matter and official recognition is taken of the aforementioned rules. The facts in this case show that the Respondent, Vaz Rolando Street, was operating in his capacity as horse trainer, on November 15, 1978, at Tropical Park, Inc., located in the State of Florida. On that date, a horse for which he was the trainer, namely, Turn To Chance, ran in the sixth race and finished in first place. The post time for that race was 3:21 p.m. and subsequent to the race, the horse was taken to the detention barn at 3:38 p.m. for purposes of obtaining a urine sample. This sample was assigned specimen number S09559A. Subsequently, the sample was subjected to a series of analytical tests and the tests revealed that the urine sample contained Despropionyl Fentanyl, which is classified as a derivative of Fentanyl, a narcotic. The narcotic, Fentanyl, metabolizes to become the substance, Despropionyl Fentanyl, a central nervous system stimulant in horses. The trade name of Fentanyl is Sublimaze. The circumstances of the race event and the subsequent testing, show that the horse, Turn To Chance, was running under the influence of Despropionyl Fentanyl when he raced in the sixth race at Tropical Park, Inc., on November 15, 1978, and finished in first position. During the course of the hearing, no testimony was given concerning the Respondent, knowledge of the fact that his horse, Turn to Chance, was competing while under the influence of Despropionyl Fentanyl.
Recommendation It is recommended that Respondent, Vaz Rolando Street, have his license, No. K-2282, suspended for a period of one (1) year in view of the violations established through this Notice to Show Cause. DONE AND ENTERED this 28th day of August, 1979, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: W. S. Frates, Esquire Frates, Floyd, Pearson, Stewart, Richman and Greer, P.A. One Biscayne Tower, 25th Floor Miami, Florida 33131 David M. Maloney, Esquire Staff Attorney Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Mr. Vaz Rolando Street 261 Hibiscus Drive Apartment No. 6 Miami Springs, Florida 33166
The Issue Whether Petitioner, a licensed greyhound trainer, committed the offenses alleged in the Amended Administrative Complaint and, if so, the penalties that should be imposed.
Findings Of Fact Petitioner issued Respondent greyhound trainer's license number 156254-1021 on January 10, 2003. Respondent was the trainer of record for the following greyhounds that raced at Hollywood Greyhound Track at the times pertinent to this proceeding: "WP's Dylan," "LM's Ice Age," "Doinwhat Blair," "Okie Leona," "Tom's Rusty," "Hi Accord," "LM's Angel Eyes," and "Miss Challenger." Hollywood Greyhound Track is a facility authorized to conduct pari-mutuel wagering in Florida pursuant to a permit issued by Petitioner. "WP's Dylan" raced in the fourth race at Hollywood Greyhound Track on the afternoon of January 21, 2003. "WP's Dylan" finished fourth in that race. Following the race, urine sample number 908316 was collected from "WP's Dylan" and was processed at the Racing Laboratory. "LM's Ice Age" raced in the first race at Hollywood Greyhound Track on the evening of January 23, 2003. "LM's Ice Age" finished second in that race. Following the race, urine sample number 907673 was collected from "LM's Ice Age" and was processed at the Racing Laboratory. "Doinwhat Blair" raced in the third race at Hollywood Greyhound Track on the evening of January 23, 2003. "Doinwhat Blair" finished first in that race. Following the race, urine sample number 908327 was collected from "Doinwhat Blair" and was processed at the Racing Laboratory. "Okie Leona" raced in the ninth race at Hollywood Greyhound Track on the evening of January 23, 2003. "Okie Leona" finished first in that race. Following the race, urine sample number 908358 was collected from "Okie Leona" and was processed at the Racing Laboratory. "Tom's Rusty" raced in the fifth race at Hollywood Greyhound Track on the evening of January 25, 2003. "Tom's Rusty" finished first in that race. Following the race, urine sample number 908104 was collected from "Tom's Rusty" and was processed at the Racing Laboratory. "Hi Accord" raced at Hollywood Greyhound Track on January 25, 2003. Following the race, urine sample number 907704 was collected from "Hi Accord" and was processed at the Racing Laboratory. "LM's Angel Eyes" raced at Hollywood Greyhound Track on January 25, 2003. Following the race, urine sample number 907694 was collected from "LM's Angel Eyes" and was processed at the Racing Laboratory. "Miss Challenger" raced at Hollywood Greyhound Track on January 25, 2003. Following the race, urine sample number 907698 was collected from "WP's Dylan" and was processed at the Racing Laboratory. Petitioner proved that each urine sample involved in this proceeding was collected, maintained, and analyzed pursuant to established, routine procedures. Petitioner established by clear and convincing evidence that all eight urine samples involved in this proceeding tested positive for metabolites of cocaine (benzoylecgonine and/or ecgonine methyl ester). Cocaine is a topical anesthetic, and a Class 1 drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. Cocaine is prohibited in racing animals in Florida. The presence of the metabolites of cocaine in the urine of the eight animals at issue in this proceeding established that the dogs had been administered cocaine prior to the respective races. Respondent testified that he did not administer cocaine to any of the animals involved in this proceeding. Respondent's denial was uncorroborated.
Recommendation Based on the foregoing findings of fact and conclusions of Law, it is RECOMMENDED that Petitioner enter a final order revoking Respondent's license and imposing an administrative fine against Respondent in the aggregate amount of $8,000. DONE AND ENTERED this 29th day of May, 2003, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 29th day of May, 2003. COPIES FURNISHED: Joseph M. Helton, Jr., Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 Kenneth C. Purdy 15855 Miami Lakeway, North E 248 Hialeah, Florida 33014 David J. Roberts, Director Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Hardy L. Roberts, III, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202
