HYMAN v. STATE, DEPT. OF BUSINESS REGULATION

No. 80-1969.

399 So.2d 1098 (1981)

Toby HYMAN, Appellant, v. STATE of Florida, DEPARTMENT OF BUSINESS REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Appellee.

District Court of Appeal of Florida, Third District.

June 23, 1981.


Attorney(s) appearing for the Case

Levine & Green and Bruce David Green, Fort Lauderdale, Wolfson, Appel & Brown, Miami, for appellant.

Mary Jo M. Gallay and David Maloney, Tallahassee, for appellee.

Before SCHWARTZ and NESBITT, JJ., and VANN, HAROLD R. (Ret.), Associate Judge.


SCHWARTZ, Judge.

The appellant Hyman is the owner of a horse named Classy State which won the seventh race at Calder Race Course on October 28, 1978. Almost a year later, on October 23, 1979, he received an ex parte order of the Division of Pari-Mutuel Wagering which for the first time informed him of its allegation that Classy State had run under the influence of a drug. On this basis, the division, pursuant to its then-existing Rule 7E-1.06(13), Florida Administrative...

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