11-001579PL Department Of Business And Professional Regulation, Division Of Pari-Mutuel Wagering vs. Casey Alves
 Status: Closed
Recommended Order on Monday, September 19, 2011.


View Dockets  
Summary: Respondents violated section 550.2415. Although Respondents were not able to supervise animals pre-race, the absolute insurer rule mandates finding violations of the statute.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8DEPARTMENT OF BUSINESS AND )

13PROFESSIONAL REGULATION, )

16DIVISION OF PARI - MUTUEL )

22WAGERING , )

24)

25Petitioner , )

27)

28vs. ) Case Nos. 11 - 1578PL

35) 11 - 1579PL

39RICHARD ALVES AND CASEY ALVES, )

45)

46Respondents . )

49)

50RECOMMENDED ORDER

52On July 22, 2011, a duly - noticed hea ring was held by video

66teleconferencing with sites in Daytona Beach and Tallahassee ,

74Florida , before Lisa Shearer Nelson , an Administrative Law Judge

83assigned by the Division of Administrative Hearings .

91APPEARANCES

92For Petitioner: David N. Perry, Esquire

98Assistant General Counsel

101Department of Business and

105Professional Regulation

1071940 North Monroe Street

111Tallahassee, Florida 32399 - 2202

116For Respondent: Mitchell Wrenn, Esquire

121Huseman, Johns & Wrenn

125958 South Ridgewood Aven ue

130Daytona Beach, Florida 32114

134STATEMENT OF THE ISSUE

138Whether Respondents have violated the pro visions of section

147550.2415(1)(a ), Florida Statutes (2010), and if so, what penalty

157should be imposed?

160PRELIMINARY STATEMENT

162On January 18, 2010, Petitioner, the Department of Business

171and Professional Regulation, Division of Pari - Mutuel Wagering

180(Petitioner or the Department), filed Administrative Complaints

187against Respondents Richard Alves (DOAH Case No. 11 - 1578 PL ) and

200Casey Alves (DOAH Case No. 11 - 1579 PL ), alleging th at with respect

215to the dog s named in the Administrative Complaints, Respondents

225ha d violated section 550.2415(1)(a ). Both Respondents filed an

235Election of Rights form disputing the allegations in the

244Administrative Complaints and re questing a hearing purs uant to

254s ection 120.57(1), Florida Statutes (2010). On March 29, 2011,

264the cases were transferred to the Division of Administrative

273Hearings for assignment of an administrative law judge.

281On April 12, 2011, the cases were consolida ted for the

292purposes of conducting a hearing, scheduled for May 9, 2011. At

303Petitioner's request, the hearing was rescheduled without

310objection for July 22, 2011, and proceeded as scheduled.

319At hearing, Petitioner presented the testimony of James

327Decker, Margaret Wilding, and Bryan Wall, and Petitioner's

335Exhibits A through BB were admitted into evidence. Respondent s

345submitted no exhibits but presented the testimony of Chris

354Miller, Lance LaFreniere, Casey Alves, and Richard Alves .

363The transcript was filed on August 5, 2011, and both parties

374timely filed Proposed Recommended Orders which have been

382carefully considered in the preparation of this Recommended

390Order.

391FINDINGS OF FACT

3941. The Division of Pari - Mutual Wagering is the state agency

406charged with the regulation of pari - mutuel wagering pursuant to

417section 20.165 and c hapter 550, Florida Statutes.

4252. At all times material to the allegations in the

435Administrative Complaints, Respon dent Richard Alves held a pari -

445mutuel wagering greyhound trainer license, number 1053205 - 1021,

454issued by Petitioner.

4573. At all times material to the allegations in the

467Administrative Complaints, Respondent Casey Alves was also

474licensed as a greyhound trai ner by Petitioner, having been issued

485license number 2015868 - 1021.

4904. At all times material hereto, Daytona Beach Kennel Club

500(DBKC) has be en a licensed Florida pari - mutue l facility

512authorized to conduct pari - mutuel wagering. The Respondents

521trained grey hounds that were entered to race at DBKC.

5315. Cocaine is a local anesthetic and a Class One drug under

543the Uniform Classification Guidelines for Foreign Substances, as

551promulgated by the Association of Racing Commissioners, Inc. It

560is a pro hibited medicat ion pursuant to s ection 550.2415(10(a).

5716. At all times material hereto, Respondent Richard Alves

580was the trainer of record for greyhounds named "Flying Car,"

"590Goldie's Trey," and "Iruska Direct."

5957. At all times material hereto, Respondent Casey Alv es was

606the trainer of record for greyhounds named "Kelsos Jalopy," "Wild

616Mia," "Mani Appeal," and "Fuzzy's Big Shot."

623Flying Car

6258. On April 27, 2010, Flying Car was entered in the third

637race at DBKC.

6409. Flying Car finished sixth in the third race that d ay.

65210. Flying Car was subject to pre - race testing, and prior

664to the start of the race, urine sample 610687 was collected from

676Flying Car. The urine sample was processed in accordance with

686established procedures and forwarded to the lab for analysis.

69511. Richard Alves was not present in the testing enclosure

705when the urine sample was taken, because according to John

715Decker, DBPR Investigations Supervisor, trainers are not

722permitted to be on the track when gr e yhounds are there for the

736race. T rainers a re required to drop the animals off at the track

750approximately one and a half hours prior to the racing schedule

761and leave them there until after the dog's race is over.

772Depending on when the dog races, the trainer has no contact with

784the racing animal fr om two to approximately five hours.

79412. Richard Alves did not sign the sample collection form

804for Flying Car, because he was not present when the collection

815was taken.

81713. The University of Florida Racing Laboratory tested

825urine sample number 610687 and found that it contained

834Benzoylecgonine, a metabolite of cocaine.

839Goldie's Trey

84114. Respondent Richard Alves was the trainer of record for

851racing greyhound Goldie's Trey on August 5, 2010.

85915. On August 5, 2010, Goldie's Trey was entered in the

870tenth rac e at DBKC. Goldie's Trey finished sixth in the tenth

882race.

88316. Goldie's Trey was subject to pre - race testing, and

894prior to the start of the race, urine sample 603139 was collected

906from Goldie's Trey. The urine sample was processed in accordance

916with est ablished procedures and forwarded to the lab for

926analysis .

92817. Richard Alves was not present in the testing enclosure

938when the urine sample was taken, because trainers of greyhounds

948are not permitted to be on the track at that time .

96018. Richard Alves d id not sign the sample collection form

971for Goldie's Trey, because he was not present when the collection

982was taken.

98419. The University of Florida Racing Laboratory tested

992urine sample 60319 and found that it contained cocaine, plus

1002Benzoylecgonine and Ecg onine Methyl Ester, metabolites of

1010Cocaine.

1011Iruska Direct

101320. Respondent Richard Alves was the trainer of record for

1023the greyhound, Iruska Direct.

102721. On November 26, 2010, Iruska Direct was entered in the

103815th race at DBKC. Iruska Direct finished si xth in the 15 th

1051race.

105222. Iruska Direct was subject to pre - race testing, and

1063prior to the start of the race, urine sample 662039 was collected

1075from Iruska Direct and processed in accordance with established

1084procedures and forwarded to the lab for analysis .

109323. Richard Alves was not present in the testing enclosure

1103when the urine sample was taken, because trainers for greyhounds

1113are not permitted to be on the track when the animals are there

1126for the race.

112924. Richard Alves did not sign the sample collec tion form

1140for Iruska Direct, because he was not present when the collection

1151was taken.

115325. The University of Florida Racing Laboratory tested

1161urine sample number 662039 and found that it contained

1170Benzoylecgonine, a metabolite of cocaine.

1175Kelsos Jalopy

117726 . Respondent Casey Alves was the trainer of record for

1188the racing greyhound Kel s os Jalopy.

119527. On November 10, 2010, Kel s os Jalopy was entered in the

1208seventh race at DBCK. The dog finished second in the seventh

1219race.

122028. Kelsos Jalopy was subject to pre - race testing, and

1231prior to the start of the race, urine sample 661859 was collected

1243from Kelsos Jalopy and processed in accordance with the

1252established procedures and forwarded to the lab for analysis.

126129. Casey Alves was not present in the testing en closure

1272when the urine sample was taken, because trainers for greyhounds

1282are not permitted to be on the track when the animals are there

1295for the race.

129830. Casey Alves did not sign the sample collection form for

1309Kelsos Jalopy, because he was not present when the collection was

1320taken.

132131. The University of Florida Racing Laboratory tested

1329urine sample number 661859 and found that it contained

1338Benzoylecgonine, a metabolite of cocaine.

1343Mani Appeal

134532. Respondent Casey Alves was the trainer of record for

1355the racing greyhound Mani Appeal on November 6, 2010.

136433. On November 6, 2010, Mani Appeal was entered in the

1375second race at DBKC. Mani Appeal finished fourth.

138334. Mani Appeal was subject to pre - rac e testing, and prior

1396to the start of the race, urine sample 661795 was collected from

1408Mani Appeal and processed in accordance with established

1416procedures and forwarded to the lab for analysis.

142435. Casey Alves was not present in the testing enclosure

1434when the urine sample was taken, because greyhound s' trainers are

1445not permitted to be on the track at that time .

145636 . Casey Alves did not sign the sample collection form for

1468Mani Appeal , because he was not present when the collection was

1479taken.

148037. The Univers ity of Florida Racing Laboratory tested

1489urine sa m ple number 661795 and found that it contained cocaine,

1501and Benzoylecgonine and Ecgonine Methyl Ester, metabolites for

1509cocaine.

1510Wild Mia

151238. Respondent Casey Alves was the trainer of record for

1522the racing gr eyhound Wild Mia on November 5, 2010. On that day,

1535Wild Mia was entered in the sixth race at DBKC. Wild Mia

1547finished second in the sixth race.

155339. Prior to the start of the race, urine sample 661786 was

1565collected from Wild Mia as part of pre - race testin g, and

1578processed in accordance with established procedures and forwarded

1586to the lab for analysis.

159140. Casey Alves was not present in the testing enclosure

1601when the urin e sample was taken, because greyhound s' trainers are

1613not permitted to be on the track a t that time.

162441. Casey Alves did not sign the sample collection form for

1635Wild Mia, because he was not present when the collection was

1646taken.

164742. The University of Florida Racing Laboratory tested

1655urine sample number 661786 and found that it contained coc aine,

1666and Benzoylecgonine and Ecgonine Methyl Ester, metabolites for

1674cocaine.

1675Fuzzy's Big Shot

16784 3 . Respondent Casey Alves was the trainer of record for

1690the racing greyhound Fuzzy's Big Shot on November 17, 2010. On

1701that day, Fuzzy's Big Shot was entered in the fifth race at DBKC

1714and finished first.

171744 . Fuzzy's Big Shot was subject to pre - race testing.

1729Prior to the start of the race, urine sample 661943 was collected

1741from Fuzzy's Big Shot in accordance with established procedures

1750and forwarded to the lab for analysis.

175745 . As was the case with the other racing greyhounds, Casey

1769Alves was not present in the testing enclosure when the urine

1780sample was taken, because greyhound trainers are not permitted to

1790be on the track at that time.

179746 . Casey Alves did n ot sign the sample collection form for

1810Fuzzy's Big Shot, because he was not present when the collection

1821was taken.

182347 . The University of Florida Racing Laboratory tested

1832urine sample 661943 and found that it contained Benzoylecgonine,

1841a metabolite of coca ine.

184648 . Respondents steadfastly deny giving cocaine to any of

1856the animals discussed above. Both Casey and Richard Alves'

1865kennels were searched in November of 2010. No drugs or illegal

1876substances were found in the kennels.

18824 9 . John Dekker, Investigations Supervisor for the

1891Department for the Department, testified that the procedures were

1900different for pre - race and post - race testing.

1910CONCLUSIONS OF LAW

191350 . The Division of Administrative Hearings has

1921jurisdiction over the subject matter and the parties to this

1931action in accordance with s ections 120.569 and 120.57(1).

19405 1 . The Department is seeking revocation of Respondents'

1950occupational licenses as trai ners of racing greyhounds. Because

1959this is a penal proceeding, Petitioner is required to prove the

1970allegations against Respondents by clear and convincing evidence.

1978Dep't of Banking and Fin. v. Osborne Stern & Co. , 670 So. 2d 932

1992(Fla. 1996); Ferris v. T urlington , 510 So. 2d 292 (Fla. 1987).

200452 . As stated by the Florida Supreme Court:

2013Clear and convincing evidence requires that

2019the evidence must be found to be credible;

2027the facts to which the witnesses testify must

2035be distinctly remembered; the testimon y must

2042be precise and lacking in confusion as to the

2051facts in issue. The evidence must be of such

2060a weight that it produces in the mind of the

2070trier of fact a firm belief or conviction,

2078without hesitancy, as to the truth of the

2086allegations sought to be es tablished.

2092In re Henson , 913 So. 2d 579, 590 (Fla. 2005), quoting Slomowitz

2104v. Walker , 429 So. 2d 797, 800 (Fla. 4th DCA 1983).

211553 . Respondents were charged with violating section

2123550.2415, which states in pertinent part:

2129(1)(a ) The racing of an animal with any

2138drug, medication, stimulant, depressant,

2142hypnotic, narcotic, local anesthetic, or

2147drug - masking agent is prohibited. It is a

2156violation of this section for a person to

2164administer or cause to be administered any

2171drug, medicat ion, stimulant, depressant,

2176hypnotic, narcotic, local anesthetic, or

2181drug - masking agent to an animal which will

2190result in a positive test for such substance

2198based on samples taken from the animal

2205immediately prior to or immediately after the

2212racing of that animal. Test results and the

2220identities of the animals being tested and of

2228their trainers and owners of record are

2235confidential and exempt from s. 119.07 ( 1)

2243and from s. 24(a), Art. I of the State

2252Constitution for 10 days after testing of all

2260samples collected on a particular day has

2267been completed and any positive test results

2274derived from such samples have been rep orted

2282to the director of the division or

2289administrative action has been commenced.

2294* * *

2297(c) The finding of a prohibited substance in

2305a race - day specimen constitutes prima facie

2313evidence that the substance was administered

2319and was carried in the body of the animal

2328while participating in the race.

233354 . Petitioner relies on the "absolute insurer rule,"

2342Florida Administrative Code Rule 61D - 6.002(a) for attributing the

2352administration of a prohibited substance to Respondents as

2360trainer s of record for the animals. Conversely, Respondents

2369argue that the Department has not complied with the Department's

2379rules for taking pre - race specimens, in that while rule 61D - 6.005

2393requires the animal's trainer of record, owner or designee to be

2404presen t, in practice trainers are not permitted in the testing

2415enclosure when the specimens are taken.

242155 . Rule 61D - 6.002(1) provides:

2428(1) The trainer of record shall be

2435responsible for and be the absolute insurer

2442of the condition of the horses or racing

2450grey hounds, he/she enters to raceainers,

2456kennel owners and operators are presumed to

2463know the rules of the division. . . .

247256 . Known as the absolute ins urer rule, rule 61D - 6.002(1)

2485makes a trainer strictly liable for the administration of

2494impermissible drugs to a racing animal. This firmly entrenched

2503rule of the Division of Pari - Mutuel Wagering has survived several

2515challenges to its validity over the years. See , e.g. , Hennessey

2525v. Dep't of Bus. & Prof'l Reg. , 818 So. 2d 697 (Fla. 1st DCA

25392002); Solimena v. Dep't of Bus. Reg. , 40 2 So. 2d 1240 (Fla. 3d

2553DCA 1981); Div. of Pari - Mutuel Wagering, Dep't of Bus. Reg. v.

2566Caple , 362 So. 2d 1350 (Fla. 1978). In the most recent challenge

2578to the absolute insurer rule, the First District relied in part

2589on the findings of the administrative la w judge regarding the

2600regulatory scheme for pari - mutuel facilities. The Court quoted

2610the following findings from the underlying final order:

261828. The trainer is singularly the best

2625individual to hold accountable for the

2631condition of a horse. The trainer is either

2639going to be with the horse at all time s or

2650one of his or her employees or contractors is

2659going to be with the horse at all times,

2668whether the horse is racing on an individual

2676day or is merely stabled at the track . A

2686trainer of racing horses is r esponsible for

2694the animals' athletic conditioning. A

2699trainer is also responsible for providing for

2706the regular care of the horses he trains,

2714including feeding and seeing to the medical

2721needs of the horses. All persons who handle

2729an animal prior to the ru nning of a race are

2740either employees of the track or Department

2747or are employed by or in a professional

2755relationship with the trainer. At no time

2762prior to a race is a trainer or his employer

2772prohibited from seeing to the security of the

2780horse in the paddo ck . While there are other

2790persons who come in contact with the horse

2798prior to a race, the trainer due to his

2807responsibility for the care and supervision

2813of the animal stands in the best overall

2821position to prevent improper medication of

2827the horse.

282929. T here is no practical alternative to

2837holding the trainer of record responsible for

2844the condition of the animals he enters to

2852race. . . . The integrity of the pari - mutuel

2863industry would suffer from the Department's

2869inability to enforce statutes relating to the

2876drugging of racing animals.

2880Hennessey , 818 So. 2d at 699 - 700 (emphasis added).

289057 . Respondents argue that the Department is relying on the

2901absolute insurer rule while not following the testing procedures

2910outlined in rule 61D - 6.005 in that trainers are not permitted to

2923be present while pre - race samples, as opposed to post - race

2936samples are taken. However, by its terms, rule 61D - 6.005 only

2948applies to post - race sampling. The rule provides in pertinent

2959part:

2960(1) The winner of every race and other such

2969racing animal participants the stewards,

2974judges, division, or track veterinarian of

2980the meet designate, shall be sent immediately

2987after the race to the detention center for

2995examination. . . .

2999* * *

3002(3) The own er, trainer of record, groom, or

3011other authorized person shall be (present in

3018the testing enclosure) able to witness when

3025urine, blood or other specimens are taken

3032from that person's racing animal. The

3038specimen shall be sealed in its container,

3045assigned a n official sample number which is

3053affixed to the specimen number which is

3060affixed to the specimen container, and the

3067correspondingly numbered information portion

3071of the sample tag shall be detached and

3079signed by the owner, trainer, groom or the

3087authorized person as a witness to the taking

3095and sealing of the specimen. The racing

3102animal and authorized representative shall

3107remain in the detention enclosure until the

3114sample tag is signed. Said specimens shall

3121be maintained in such a manner as to preserve

3130the integrity of the specimen. . . .

313858 . While the rule expressly references post - race testing,

3149there is no corresponding reference to pre - race testing. Neither

3160party has cited, and the undersigned has not located, a rule

3171addressing the procedure to be us ed for pre - race testing. In

3184practice, the more credible evidence indicates that the trainer

3193or other authorized person cannot be prese nt in the testing

3204enclosure, as they are not permitted to be in the area while the

3217greyhounds race.

321959 . Holding the tra iner of record accountable is troubling

3230where, contrary to the record established in Hennessey , the

3239trainer or his employee is not with the greyhound at all times

3251prior to the race, and is in fact prohibited from being present .

3264This situation lends itself to liability without authority.

3272However, rule 61D - 6.002(1) is a validly adopted rule of the

3284Department, and Respondents have not challenged its validity as

3293opposed to its application. Under these circumstances, it must

3302be applied to Respondents. Accord ingly, the Department has

3311proven that the Respondents, Casey and Richard Alves, have

3320violated section 550.2415 (1)(a) with respect to the animals named

3330in the Administrative Complaints.

333460 . Section 550.2415(3)(a) enumerates the penalties for

3342violating the section: suspension, revocation or denial of a

3351license or permit; a fine not exceeding $5,000; full or partial

3363return of the purse, sweepstakes, and trophy of the race at

3374issue; or any combination of the penalties listed above.

3383Petitioner has adopted disciplinary guidelines for administering

3390these penalties. Florida Administrative Code Rule 61D - 6.001(2)

3399specifies that with respect to Class I impermissible substances,

3408the penalty range is a $500 to $1,000 fine, and suspension or

3421revocation of the lice nse. For subsequent violations, the

3430penalty range is the same, except that the possible fine amount

3441increases to a range of $1,000 to $5,000.

34516 1 . While there is no question that Respondents have

3462violated section 550.2415, in recommending penalty the

3469undersigned has taken into account that the trainer of record is

3480not present when the dogs are tested pre - race and does not have

3494supervision and control for a significant period of time prior to

3505the race. The testimony presented regarding Respondents' car e of

3515their animals was credible, and the testimony that no drugs or

3526illegal paraphernalia was discovered in their kennels was

3534unrebutted. Likewise, no prior violations of section 550.2415

3542have been established. Under these circumstances, revocation of

3550Re spondents' licenses is not appropriate.

3556RECOMMENDATION

3557Upon consideration of the facts found and conclusions of law

3567reached, it is

3570RECOMMENDED that the Department of Business and Professional

3578Regulation, Division of Pari - Mutuel Wagering enter a final order

3589finding that Respondent Casey Alves violated section

3596550.2415(1)(a); impose an administrative fine of $2,000; and

3605suspend his occupational license for a period of one year,

3615retroactive to January 31, 2011. It is further recommended that

3625the Department en ter a final order finding that Richard Alves

3636violated section 550.2415(1)(a); impose an administrative fine of

3644$1,500 and suspend his occupational license for one year,

3654retroactive to January 31, 2011.

3659DONE AND ENTERED this 19 th day of September , 20 11 , in

3671Tallahassee, Leon County, Florida.

3675S

3676LISA SHEARER NELSON

3679Administrative Law Judge

3682Division of Administrative Hearings

3686The DeSoto Building

36891230 Apalachee Parkway

3692Tallahassee, Florida 32399 - 3060

3697(850) 488 - 9675

3701Fax Filing (850) 921 - 6847

3707www.doah.state.fl.us

3708Filed with the Clerk of the

3714Division of Administrative Hearings

3718this 19 th day of September , 20 11 .

3727COPIES FURNISHED:

3729David Perry, Esquire

3732Department of Business and

3736Professional Regulation

37381940 North Monroe Street, Suite 40

3744Tallahassee, Florida 32399 - 2202

3749Mitchell G. Wrenn, Esquire

3753958 Ridgewood Avenue

3756Daytona Beach , Florida 32114

3760Milton Champion, Director

3763Division of Pari - Mutuel Wagering

3769Department of Business and

3773Professional Regulation

37751940 North Monroe Stre et

3780Tallahassee, Florida 32399

3783Layne Smith, General Counsel

3787Department of Business and

3791Professional Regulation

37931940 North Monroe Street

3797Tallahassee, Florida 32399 - 0792

3802NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

3808All parties have the right to submit written exceptions within

381815 days from the date of this recommended order. Any exceptions to

3830this recommended order should be filed with the agency that will

3841issue the final order in this case.

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Date
Proceedings
PDF:
Date: 10/12/2011
Proceedings: (Agency) Final Order (filed in 11-1578).
PDF:
Date: 10/12/2011
Proceedings: (Agency) Final Order (filed in 11-1579).
PDF:
Date: 10/04/2011
Proceedings: Agency Final Order
PDF:
Date: 10/04/2011
Proceedings: Agency Final Order
PDF:
Date: 09/19/2011
Proceedings: Recommended Order
PDF:
Date: 09/19/2011
Proceedings: Recommended Order (hearing held July 22, 2011). CASE CLOSED.
PDF:
Date: 09/19/2011
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 08/17/2011
Proceedings: Respondents Proposed Recommended Order filed.
PDF:
Date: 08/17/2011
Proceedings: Amended Motion for Extension of Time to File Respondent's Proposed Order filed.
PDF:
Date: 08/17/2011
Proceedings: Motion for Extension of Time to File Respondent's Proposed Order filed.
PDF:
Date: 08/15/2011
Proceedings: Petitioner's Proposed Recommended Order filed.
Date: 08/05/2011
Proceedings: Transcript of Proceedings (not available for viewing) filed.
Date: 07/22/2011
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 07/20/2011
Proceedings: Order Denying Motion to Compel.
PDF:
Date: 07/12/2011
Proceedings: Petitioner's Motion in Limine to Compel Witness Discovery or to Exclude Witnesses filed.
PDF:
Date: 06/08/2011
Proceedings: Notice of Service of Interrogatories filed.
PDF:
Date: 05/27/2011
Proceedings: Order Re-scheduling Hearing by Video Teleconference (hearing set for July 22, 2011; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
PDF:
Date: 05/12/2011
Proceedings: Petitioner's Response to Order Granting Continuance filed.
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Date: 05/12/2011
Proceedings: Petitioner's Response to Order Granting Continuance filed.
Date: 05/03/2011
Proceedings: Petitioner's Supplemental Exhibits List (exhibit not available for viewing)
PDF:
Date: 05/02/2011
Proceedings: Notice of Service of List of Experts, Witness, and Exhibits filed.
PDF:
Date: 05/02/2011
Proceedings: Order Granting Continuance (parties to advise status by May 12, 2011).
PDF:
Date: 04/29/2011
Proceedings: Petitioner's Witness List filed.
Date: 04/29/2011
Proceedings: Petitioner's Exhibits List (exhibits not available for viewing)
PDF:
Date: 04/29/2011
Proceedings: Petitioner's Agreed Motion to Continue Final Hearing filed.
PDF:
Date: 04/12/2011
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 04/12/2011
Proceedings: Notice of Hearing by Video Teleconference (hearing set for May 9, 2011; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
PDF:
Date: 04/12/2011
Proceedings: Order of Consolidation (DOAH Case Nos. 11-1578PL and 11-1579PL).
PDF:
Date: 04/05/2011
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 03/29/2011
Proceedings: Initial Order.
PDF:
Date: 03/28/2011
Proceedings: Election of Rights filed.
PDF:
Date: 03/28/2011
Proceedings: Administrative Complaint filed.
PDF:
Date: 03/28/2011
Proceedings: Agency referral filed.

Case Information

Judge:
LISA SHEARER NELSON
Date Filed:
03/28/2011
Date Assignment:
03/29/2011
Last Docket Entry:
10/12/2011
Location:
Daytona Beach, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
Suffix:
PL
 

Counsels

Related Florida Statute(s) (5):