Division of Administrative Hearings, Florida
Latest Update: Mar. 09, 1981
In an administrative complaint entitled "Second Amended Notice to Show Cause" the Division of Pari-Mutuel Wagering ("Division" or "Petitioner") has charged Charles R. Federman ("Respondent") with violation of Rule 7E- 4.25(12)(a), Florida Administrative Code which provides: 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 caused to be administered, or to have caused an attempt to administer, or to leave 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. The Second Amended Notice to Show Cause alleges that Respondent is in violation of the above-cited rule by virtue of the provisions of Rule 7E-4.05(3), Florida Administrative Code, which reads: The trainer shall be responsible for and be the insuror of the condition of the horses he enters. Trainers are presumed to know the rules of the Division. The Second Amended Notice to Show Cause also charges Respondent with an alleged violation of Rule 7E-4.25(13), Florida Administrative Code, which provides: The trainer, groom, and any other person having charge, custody, or care of the horse, are obligated properly to protect the horse and guard it against such administration or attempted administration and if the stewards shall find that any such person has failed to show proper protection and guarding of the horse, they shall impose such punishment and take such other action as they may deem proper under any of the rules, including reference to the Division. The Second Amended Notice to Show Cause alleges that Respondent was the trainer of a horse which, on November 28, 1979 raced in and won the ninth race at Pompano Park where Tourist Attractions, Inc. is licensed by the State of Florida to conduct harness horse racing. It is Further alleged that a urine specimen taken from the horse at the conclusion of the race was, upon analysis, found to contain the drug "butorphanol", which is alleged to be a "narcotic" and, in a horse, either a "depressant" or "stimulant". Respondent Federman is charged by the Division with responsibility for the racing of a drugged horse as the insuror of the horse's condition, and further charged with failure to properly protect and guard the horse from administration of the drug.Revoke Respondent`s license for allowing a Standardbred to race under the influence of narcotics.