15-006119 Michel Arrieta vs. Department Of Business And Professional Regulation, Division Of Pari-Mutuel Wagering Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 10, 2015.

STIPULATION

4. The Division has jurisdiction over this matter and parties.

5. The Division is authorized by section 120.57, Florida Statutes, to resolve

administrative proceedings by Consent Order.

6. Petitioner denies the allegations set forth in the Denial Letter. The Division takes

allegations involving the welfare of animals at pari-mutuel facilities very seriously. Upon further

investigation of this case, it appears there are credible witnesses on both sides. Based on this

conflicting evidence, the Division has offered this consent order to resolve the matter.

7. Petitioner agrees to and shall pay the sum of Two Hundred and Fifty dollars

($250.00) to the Division, to be paid at the time Petitioner submits an executed copy of this

Consent Order. Said payment shall be in the form of a business or personal check made payable

to the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering

and enclosed with an executed copy of this Consent Order. The Division's adoption of this

Consent Order constitutes acknowledgement of receipt of payment ofthe above amount.

8. Upon receipt of payment from Petitioner and adoption of this Consent Order, the

Division shall promptly process Petitioner's license application upon submittal and issue the

requested occupational license to Petitioner with a term of three (3) years and an effective date of

no later than December 15, 2015. The payment referenced in paragraph 7 includes payment for

any and· all fees due from Petitioner to the Division in connection with processing the license

application and issuing the license referenced in this paragraph.

9. Each party has entered into the terms of this Consent Order voluntarily.

Petitioner is aware that he is entitled to the advice of counsel. Respondent has either sought the

advice of counsel or by execution of this Consent Order is knowingly waiving the opportunity to

seek advice of counsel. Petitioner acknowledges that the Division has not made any promise nor

has it in any other way encouraged Petitioner to enter into this Consent Order without the advice

of Counsel.

10. This Consent Order is enforceable under Section 120.69 and Chapter 550, Florida

Statutes, as final agency action.

11. Each party shall bear its own costs and legal fees related to this matter, and no

financial claim shall be made against the Division in this action.

12. Petitioner and the Division acknowledge and agree that this Consent Order and

the contained stipulation constitute the Final Order of the Division respecting the matters set

forth above and that further administrative and judicial review is hereby waived by both parties.

13. Petitioner hereby waives all causes of action, civil or otherwise, against the

Division and its employees, and the Division hereby waives all administrative causes of action or

adverse licensing action against the Petitioner arising out of the alleged facts and circumstances

that were the subject of and/or basis for the Denial Letter. However, Petitioner and the Division

fully understand that this Consent Order in no way precludes further proceedings by the Division

against Petitioner for acts or omissions not specifically set forth herein.

14. It is expressly understood that this Consent Order is subject to the approval of the

Director of the Division of Pari-Mutuel Wagering ("Director"). This Consent Order shall have

no force and effect unless signed by both parties. Should this Consent Order be rejected, no

statement made in furtherance of it by Petitioner may be used as direct evidence against

Petitioner in any proceeding.

15. Upon the Division's adoption ofthis Consent Order, Petitioner expressly waives

all further procedural steps, including all rights to seek judicial review of this Consent Order and

the matters addressed hereby. Upon the Division's adoption of this Consent Order, Petitioner

waives the right to seek attorney's fees or costs from the Department of Business and

Professional Regulation in connection with this proceeding.

16. Both parties execute this Consent Order for the purpose of avoiding further

administrative action or adverse licensing action with respect to the matters addressed herein.

Petitioner authorizes the Director to review and examine all materials concerning Petitioner prior

to or in conjunction with consideration of this Consent Order. Should this Consent Order not be

accepted by the Director, it is agreed that the presentation to and consideration of this Consent

Order and all documents and matters by the Director shall not unfairly or illegally prejudice the

Director from further participation, consideration, or resolution of these proceedings.

17. Time is of the essence regarding the adoption and entry of this Consent Order and

the granting and issuance of the requested occupational license to Petitioner: !

Michel Arrieta, hereby agrees and consents to the terms and conditions of this

Consent Order on this ()3 day ofDecember, 2015.

STATE OF FLORIDA

COUNTY OF k" \\)od{

Sworn to (or affirmed) and subscribed before me day of ))eCfffi\\Je(

2015, by \\-A\\l\\\\(\\ who has affirmed to me that he/she is authorized to

execute this Consent Order on behalf of Michel Arrieta, and who is personally known to me or

who produced the following as identification:

MICHELLE CASTILLO

Notary Public: \\rn\\\\\\\

My Commission Expires: ()U i :2\\)(]

APPROVED as to form this day of '2015

Florida Bar No. 67936

Chief Attorney

Division of Pari-Mutuel Wagering

Department of Business & Professional

Regulation

1940 North Monroe Street

Tallahassee, Florida 32399-2202

ORDER

IT IS HEREBY ORDERED THAT:

The foregoing Consent Order shall constitute the agreed resolution of this matter and the

Final Order of the Division in DBPR Case. No. 2015-00-2018 once it is filed with the Agency

Clerk.

DONE AND ORDERED this / f-"day of !Je,,,./., , 2015, in Tallahassee, Florida.

DIRECTOR

Division of Pari-Mutuel Wagering

Department of Business & Professional Regulation

1940 North Monroe Street

Tallahassee, Florida 32399-1035

CERTIFICATE OF SERVICE

I hereby certify this V.i!' day of , 2015, that true copies of

the foregoing "Order" have been served by L\\S ... ,.lpon:

(US Mail/E-mail)

Michael J. Barry (Counsel for Petitioner)

Rutledge Ecenia, P .A.

119 South Monroe Street, Suite 202

Tallahassee, Florida 32301

[e-mail]

AGENCY CLERK'S OFFICE

Department of Business & Professional Regulation