oy STATE OF FLORIDA £8, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUSAT, ON? < DIVISION OF PARI-MUTUEL WAGERING CL : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING Petitioner, vs. Case No. 2005038739 MONICA SMITH RIGO, | Respondent. / ADMINISTRATIVE COMPLAINT Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (hereinafter "Division"), files this Administrative Complaint against Monica Smith Rigo (hereinafter "Respondent"), and alleges as follows: 1, The Division is the state agency charged with regulating pari-mutuel wagering, pursuant to Chapter 550, Florida Statutes. 2. At all times material hereto, Respondent held a pari-mutnel wagering occupational license, number 372505-1021, issued by the Division. 3. Rule 61D-6.002(1), Florida Administrative Code, provides, “[t]he trainer of record shall be responsible for and be the absolute insurer of the condition of the racing greyhounds, he/she enters to race." 4. Respondent was the trainer of record of a racing greyhound named “Taz Nicky” on July 03, 2005. 5. On July 03, 2005, “Jaz Nicky” was entered in the twelfth (12") race of the evening performance at Flagler Greyhound Track. 6. rf agler Greyhound Track is a facility authorized to conduct pari-mutuel ‘wagerin gin this state. 7. “Jaz Nicky” finished first (1") in the twelfth (12") race of the evening at Flagler Greyhound Track on July 03, 2005. 8. “Jaz Nicky” was immediately thereafter sent to a Division employee for he taking of a urine sample. 9. Urine sample number 122687 was collected from “Jaz Nicky” and was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory for analysis. 10. The University of Florida Racing Laboratory tested urine sample number 22687 and found it to contain Benzoylecgonine (a metabolite of Cocaine), and/or a derivative thereof. ll. Cocaine is a Class 1 drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners International, Inc. 12 Section 550.2415(1)(c), Florida Statutes, states “[t]he finding of a prohibited substance in a race-day specimen constitutes prima facie evidence that the substance was administered and was carried in the body of the animal while participating in the race.” 13. Cocaine, or its metabolite Benzoylecgonine, and/or a derivative thereof, is an impermissible substance, that was carried in the body of “Jaz Nicky” while participating in the twelfth (12") race of the evening performance at Flagler Greyhound Track on July 03, 2005. tm 14. Based on the foregoing, Respondent has violated Section 550.2415(1)(a), Florida Statutes, which provides, "[t]he racing of an animal with any drug, medication, stimulant, depressant, hypnotic, local anesthetic, or drug-masking agent is prohibited. It is a violation of this section for a person to administer or cause to be administered any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug- masking agent to an animal which will result in a positive test for such substance based on samples taken from the animal immediately prior to or immediately after the racing of that animal." WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing one or more of the following penalties as specified in Section 550.2415(3){a), Florida Statutes: revoke or suspend the license or permit of the violator or deny a license or permit to the violator; impose a fine against the violator in an amount not exceeding $5,000; require the full or partial return of the purse, sweepstakes, and trophy of the race at issue; or impose against the violator any combination of such penalties. eh Signed this [ ] — day of Al ass. b , 2005. . Helton, Jr. hief Attorney Division of Pari-Mutuel Wagering Ci LERK Query AY F Florida Bar Number: 879622 Date ‘ Vhechol, © Department of Business and & “2 Pz) Ly Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399-2202 us Copies furnished to: Office of Operations Licensing Section Investigations Section

Docket for Case No: 05-004525PL