FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA cLERe Eats LaweomPoctor DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATI| pao 44/972012 DIVISION OF PARI-MUTUEL WAGERING File# DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPRCASE Nos. 2011024648 2011024650 v. 2011924655 2011024662 JULIO R. CARTAGENA, Respondent, / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wager- ing (Division), files this Administrative Complaint against Julio R. Carfagena (Respondent), and alleges as follows: 1. The Division is the state agency charged with regulating pari-mutuel wagering pur- suant to Chapter 550, Florida Statutes. 2. At all times material hereto Respondent held a pari-mutuel wagering trainer/thoroughbred license, number 8613805-1021, issued by the Division. 3. Atall times material hereto Respondent trained and raced thoroughbred horses at the Gulfstream Park facility. 4. Gulfstream Park is a facility operated by a permitholder authorized to conduct pari- mutuel wagering in this state under Chapter 550, Florida Statutes. 5. 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 horses ... he/she enters to race." 6. On April 29, 2012, Respondent was fined $500.00 and suspended for 30 days by the Stewards/Judges (DBPR Case No. 2011015535) upon a finding that the horse “SUAVE JAZZ”, which won the third race at Gulfstream Park on February 23, 2011, had been administered gly- copyrrolate within 24 hours of that race. A true copy of the Stewards’ /Judges’ ruling in that case is hereto attached as Exhibit “1”. 7. On April 29, 2012, Respondent was fined $1,000.00 and suspended for 30 days by the Stewards/Judges (DBPR Case No. 2011025566) upon a finding that the horse “GAME ON”, which finished second in the first race at Gulfstream Park on March 27, 2011, had been adminis- tered glycopyrrolate within 24 hours of that race. A true copy of the Stewards’/Judges’ ruling in that case is hereto attached as Exhibit “2”, 8. Section 550.2415, Florida Statutes (Fla. Stat.), provides in relevant part: (1)(a) The racing of an animal with any drug, medication, stimulant, depres- sant, hypnotic, narcotic, local anesthetic, or drug-masking agent is prohibited. Itisa 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. .... WK EK aE (c) The 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. (2) Administrative action may be taken by the division against an occupa- tional licensee responsible pursuant to rule of the division for the condition of an animal that has been impermissibly medicated or drugged in violation of this section. (3\(a) Upon the finding of a violation of this section, the division may 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. .... oh aE OK RE (d) Any proceeding for administrative action against a licensee or permittee ... Shall be conducted in compliance with chapter 120. (4) A prosecution pursuant to this section for a violation of this section must be commenced within 2 years after the violation was committed. Service of an administrative complaint marks the commencement of administrative action. (5) The division shall implement a split-sample procedure for testing ani- mals under this section. (a) Upon finding a positive drug test result, the department shall notify the owner or trainer of the results. The owner may request that each urine and blood sample be split into a primary sample and a secondary (split) sample. .... 9. Rule 61D-6.006(3), Florida Administrative Code (F.A.C.), provides that “[flailure to request a split sample or failure to select and make arrangements, including payment for services, with an approved laboratory within 10 calendar days after receiving written notification from the Office of Operations, stewards or judges, of the results from the laboratory under contract with the division shall constitute a waiver of the right to a split sample.” COUNT I (DBPR Case No. 2011024648) 10. Petitioner hereby realleges and incorporates herein, as if fully set forth, paragraphs one (1) through nine (9) of this administrative complaint. 11. At all times material hereto Respondent was the trainer of record and owner for the thoroughbred “GAME ON”. 12. On March 3, 2011, “GAME ON” was entered in the first race at Gulfstream Park. 13. “GAME ON” finished second (2™) place in the first race at Gulfstream Park on March 3, 2011. 14. “GAME ON” was immediately thereafter sent to a Division employee for the taking of a urine sample. 15. Urine sample number 541515 was collected from “GAME ON” and was processed in accordance with established procedures and forwarded to the lab for analysis. 16. The University of Florida Racing Laboratory tested urine sample number 541515, and found that it contained Oxilofrine (also known as Hydroxyephedrine), a cardiac stimulant. These results were issued to the Division in a report dated May 11, 2011. 17. By letter of January 20, 2012, which was personally delivered to Respondent on January 24, 2012, Respondent was provided with a copy of this urine sample test result from the University of Florida College of Veterinary Medicine Racing Laboratory and advised of his op- portunity, under Rule 61D-6.006, FAC, to request a split sample. Pursuant to Rule 61D- 6.006(3), Respondent was specifically cautioned that “[flailure to request a split sample or failure to select and make arrangements, including payment for services, with an approved laboratory within 10 calendar days after receiving [this] written notification ... shall constitute a waiver of the right to a split sample” (true copy of letter hereto attached as Exhibit “3” and herein incorporated by reference). 18. Respondent made no request for a split sample of this urine sample. 19. Based on the foregoing, Respondent has violated § 550.2415(1)(a), Fla. Stat., which prohibits "[t]he racing of an animal with any drug, medication, stimulant, depressant, hypnotic, local anesthetic, or drug-masking agent” and makes it a violation of the statute 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." 20. Because Respondent has violated § 550.2415(1)(a), Fla. Stat., and has committed a total of six violations within a year of each other — this violation plus the three other instances herein pled, as well as the two Stewards’/Judges’ cases pled in ff 6 & 7 above — under § 550.2415(3)(a), Fla. Stat., he is subject to suspension or revocation of his license and imposi- tion of the $5,000.00 maximum fine, as well as return of the purse won by the horse “GAME ON” in the above-referenced race. COUNT II (DBPR Case No. 2011024650) 21. Petitioner hereby realleges and incorporates herein, as if fully set forth, paragraphs one (1) through nine (9) of this administrative complaint. 22. At all times material hereto Respondent was the trainer of record and owner for the thoroughbred “FISHERMAN’S WHARF”. 23. On April 2, 2011, “FISHERMAN’S WHARF” was entered in the first race at Gulf- stream Park. 24, “FISHERMAN’S WHARF” finished first (1") place in the first race at Gulfstream Park on April 2, 2011. 25. “FISHERMAN’S WHARF” was immediately thereafter sent to a Division employee for the taking of a urine sample. 26. Urine sample number 542002 was collected from “FISHERMAN’S WHARF” and was processed in accordance with established procedures and forwarded to the lab for analysis. 27. The University of Florida Racing Laboratory tested urine sample number 542002, and found that it contained Oxilofrine (also known as Hydroxyephedrine), a cardiac stimulant and a Class Two drug. These results were issued to the Division in a report dated May 11, 2011. 28. Petitioner hereby realleges and incorporates herein, as if fully set. forth, paragraphs 17-18 of this administrative complaint. ' 29. Based on the foregoing, Respondent has violated § 550.2415(1)(a), Fla. Stat., which prohibits "[tJhe racing of an animal with any drug, medication, stinmulant, depressant, hypnotic, local anesthetic, or drug-masking agent” and makes it a violation of the statute 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." 30. Because Respondent has violated 8 550.2415(1)(a), Fla, Stat., and has committed a total of six violations within a year of each other — this violation plus the three other instances herein pled, as well as the two Stewards’/Judges’ cases pled in ff] 6 & 7 above ~ under § 550.2415(3)(a), Fla. Stat., he is subject to suspension or revocation of his license and imposi- tion of the $5,000.00 maximum fine, as well as return of the purse won by the horse “FISHERMAN’S WHARF” in the above-referenced race. : COUNT I (DBPR Case No. 2011024655) 31. Petitioner realleges and incorporates herein, as if fully set forth, paragraphs one (1) through nine (9) of this administrative complaint. 32. At all times material hereto Respondent was the trainer of record and owner for the thoroughbred “BROOKS LASS”. | 33. On March 20, 2011, “BROOKS LASS” was entered in the fifth-race at Gulfstream Park. 34. “BROOKS LASS” finished second ee") place in the fifth race at Gulfstream Park on March 20, 2011. 35. “BROOKS LASS” was immediately thereafter sent to a Division employee for the taking of a urine sample. 36. Urine sample number 541816 was collected from “BROOKS LASS” and was proc- essed in accordance with established procedures and forwarded to the lab for analysis. 37. The University of Florida Racing Laboratory tested urine sample number 541816, and found that it contained Oxilofrine (also known as Hydroxyephedrine), a cardiac stimulant and a Class Too drug. These results were issued to the Division in a report dated May 11, 2011. 38. Petitioner hereby realleges and incorporates herein, as if fully set forth, paragraphs 17-18 of this administrative complaint. . 39. Based on the foregoing, Respondent has violated § 550.2415(1 ){a), Fla. Stat., which prohibits "[t}he racing of an animal with any drug, medication, stimulant, depressant, hypnotic, local anesthetic, or drug-masking agent” and makes it a violation of the statute for “a person to administer or cause to be administered any drug, medication, stimulant, depressant, hypnotic, narcetic, 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." “40. Because Respondent has violated § 550.2415(1)fa), Fla. Stat., and has committed a total of six violations within a year of each other — this violation plus the three other instances herein pled, as well as the two Stewards’/Judges’ cases pled in {f[ 6 & 7 above ~ under § 550.2415(3\(a), Fla. Stat., he is subject to suspension or revocation of his license and imposi- tion of the $5,000.00 maximum fine, as well as return of the purse won by the horse “BROOKS LASS” in the above-referenced race. (DBPR Case No. 201 1024662) 41. Petitioner realleges and incorporates herein, as if fully set forth, paragraphs one (1) through nine (9) of this administrative complaint. “ape 42. At all times material hereto Respondent was the trainer of record and owner for the thoroughbred “BROOKS LASS”. 43. On March 6, 2011, “BROOKS LASS” was entered in the first race at Gulfstream Park. . ' 44. “BROOKS LASS” finished second 2") place in the first race at Gulfstream Park on March 6, 2011. . 45. “BROOKS LASS” was immediately thereafter sent to 2 Division employee for. the taking of a urine sample. 46. Urine sample number 541584 was collected from “BROOKS LASS” and was proc- essed in accordance with established procedures and forwarded to the lab for analysis. 47. The University of Florida Racing Laboratory tested urine sample number 541584, and found that it contained Oxilofrine (also known as Hydroxyephedrine), a cardiac stimulant and a Class Two drug. These results were issued to the Division in a report dated May 11, 2011. 48. Petitioner hereby realleges and incorporates herein, as if fully set forth, paragraphs 17-18 of this administrative complaint. 49. Based on the foregoing, Respondent has violated § 550.2415(1)(a), Fla. Stat., which prohibits:"{tJhe racing of an animal with any drug, medication, stimulant, depressant, hypnotic, local anesthetic, or drug-masking agent” and makes it a violation of the statute 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 ina positive test for such substance based on samples taken from the animal immediately prior to or immediately after the racing of that animal." 50. Because Respondent has violated § 550.2415(1)(a), Fla. Stat., and has committed a total of six violations within a year of each other — this violation plus the three other instances herein pled, as well as the two Stewards’ /Judges® cases pled in 4] 6 & 7 above — under § 550,2415(3)fa), Fla. Stat., he is subject to suspension or revocation of his license and imposi- tion of the $5,000.00 maximum fine, as well as return of the purse won by the horse “BROOKS LASS” in the above-referenced race. WHEREFORE, Petitioner respectfully requests the Division, under § 550.2415(3){a), Flor- ida Statutes, enter an Order imposing a $20,000.00 administrative fine ($5,000.00 per Count) ‘against Respondent, revoking Respondent’s pari-mutuel wagering trainer/thoroughbred license (number 8613805-1021), declaring Respondent ineligible for a pari-mutuel occupational license, excluding Respondent from all pari-mutuel facilities in the state pursuant to § 550.105(5){e), Fla. Stat., and requiring Respondent to return all purses won by the horses in the above-alleged races. ( , Signed this Se day of Jurem b- , 2012. PH M. HELTON, JR. ‘orida Bar No. 0879622 Chief Attorney Division of Pari-Mutuel Wagering Department of Business & Professional Regulation Northwood Center ; “1940 North Monroe Street, Suite 40 . Tallahassee, Florida 32399-2202 Copy furnished to: . Charles T. Collette, Assistant General Counsel ‘Tesiimony and evidence presented at the hearing ind! , times within 24 hours of the officially scheduted post time of the-race, a violation of Florida Statute 550.2415 Section 8. Therefore, the occupational license Florida Departme Busnes) Va Professi : Rick Scott, G Regulation ken Lawson, Secretary RULING OF THE STEWARDS/JUDGES TRACK/FRONTON: GULFSTREAM PARK DATE: APRIL 29,2012 RULING NUMBER: 2011015535 LICENSEE NAME: JULIO R CARTAGENA LICENSE #: 8613805 LICENSED AS: TRAINER RULE VIOLATION(S): FLORIDA STATUTE 550.2415 SEC 1 (a) & SEC 8 INCIDENT DATE: 02/23/2011 ACTION TAKEN: SUSPENDED 30 CALENDAR DAYS, FINED $1600, PURSE TO BE RETURNED FOR REDISTRIBUTION FINE $ 1000.00 DATE PAID: SUSPENSION: 30 DAYS EFFECTIVE DATE: 5/11/2012 TEXT OF THE JUDGES/STEWARDS ORDER: Post race laboratory analysis of urine sample #540897 from the horse Suave Jazz (finished 1st in the 3" race on February 23”, 2011 at Gulfstream Park) detected the presence of glycopyrrolate (a bronchodilator and class 3 drug). The post race analysis of serum sample #540897 from the horse Suave Jazz detected the presence of clenbuterol (a bronchodilator and class 3 drug). The sample concentration of glycopyrrolate is 4 nanograms per milliliter of urine. The sample concentration of clenbuterol is 33 picograms per milliliter of serum, Trainer Julio R Cartagena did not request a split sample within 10 calendar days after receiving written notification of prohibited substances. detected in sample #540897 from the Board of Stewards, which constitutes a waiver of Ris Tight to a split sample as per FAC 61D-6.006 Sec 3. Trainer Julia R Cartagéna was afforded aformal hearing in the Stewards Office at Calder Race Course on April 17", 2012. Based on evidence and iestimony presented at that hearing, the Board of Siewards determined that Julio R Cartagena, as the trainer of record for Suave Jazz at all times material hereto, did violate Florida Statute 550.2415 Sec 7 (a). Therefore Julio R Cartagena is fined $1600 ($500 for glycopyrrolate, & class 3 drug} and $506 for clenbuterol, a class 3 drug) in accordanée with penalty guidelines as set forth in FAC 61D-6.011 Sec 2 (a) which were in force at the time the violation Occurred. a . Lene icated that concentration of glycopyrrotate at the level detected was consistent with administration ofYulio R. Cartagena is suspended for 30 calendar days. Suspension dates will commence on Frida’ , May 11", and continue through and including Saturday, June 9", 2012. Jutia R. Cartagena is denied access, Yy, May ' use, and privileges of all grounds under the jurisdiction of the Florida Division of Pari-Mutuel Wagering Fequiring an occupational license for admission during the tern of suspension. The horse Suave Jazz is disqualified from 1° place as per 550.2415 Sec 3a) FS and the winners share of the purse awarded for Race 3 on February 237, 2011 is ordered io be retumed to the Florida Horsemans Bookkeeper Corporation for redistribution. The revised order of finish is as follows: Fuhrever Dancin finished 2™ pi 1* M J's Encounter fin 7* pie” 9 Moor Nistie finished 3° p} 2 Pastero fin 8" pi 7 McNamara finished 4" pi 3% DRayo De Luz fiy 9” pi ® Brecciate finished 5" pi 4” Suave Jazz fin 1* pi g™ Wild Expectations finished 6" pt 5™ BOS321_450 Steward/Judde Steward/Judge Steward/Judge ou may ‘appeal this decision to the Division by filing a DBPR PMW-3100 Requesf for Appeal of Stewards'/Judges’ Ruling to the Division of Pari-Mutuet Wagering, Office of the Directdr, 1940 North Monroe Street, Tallahassee, FL. 32399-1035. Appeals from rulings of the Judges/Stewards must be received within ten (10) days of the written ruling, Hf you would like to request a stay from the Stewards'/Judges' tuling imposing a penalty, you must complete a DBPR PMW-3090 Request for Stay form and submit it to the Stewards/Judges at the facility where the ruling was issued,. If the sequest for stay is denied by the Stewards/ludges, the Request for Stay may be submitted io the Division. Prone: 850.487.1395 Division of Pari-Mutuel Wagering www. MyFtoridalicense.com 1940 North Monrée Street . a License Efficiently. Regulate Fairly. © Tallahassee, FL 32399-1037 . Florida Departmente Busines , TOTeSSIGA * . vi , Ge Regulation Ken Lawson Secretary RULING OF THE STEWARDS/JUDGES 7 RULING NUMBER: 2011025566 TRACKIFRONTON: GULFSTREAM PARK DATE: APRIL 29, 2012 LICENSEE NAME: JULIO R CARTAGENA LICENSE #: 8613805 LICENSED AS: TRAINER RULE VIOLATION(S): FLORIDA STATUTE 550.2415 SEC 1 (a) & SEC 8 INCIDENT DATE: 03/27/2011 ACTION TAKEN: SUSPENDED 30 CALENDAR DAYS AND FINED $500.00 FINE $ 500.00 DATE PAID: SUSPENSION: 30 DAYS EFFECTIVE DATE: 6/10/2012 TEXT OF THE JUDGES/STEWARDS ORDER: Post race laboratory analysis of urine sample #541923 from the horse Game On (finished 2™ in the 1% race on March 27", 2011 at Gulfstream Park) detected the presence of glycopyrrolate (a bronchodilator and class 3 drug). The sample concentration of glycopyrrolate is 3 nanograms per milliliter of urine. Trainer Julio R Cartagena did not request a split sample within 10 calendar days after receiving written notification of a prohibited substance detected in sample #541923 from the Board of Stewards, which constitutes a waiver of his right to a split sample as per FAC 61D-6.006 Sec 3. Trainer Julio R Cartagena was afforded a formal hearing in the Stewards Office at Calder Race Course on April 17", 2012, Based on evidence and testimony presented at that hearing, the Board of Stewards determined that Julio R Cartagena, as the trainer of record for Game On at all times material hereto, did violate Florida Statute 550.2415 Sec 1 (a). Therefore Julio R Cartagena is fined $500.00 in accordance with penalty guidelines as set forth in FAC 61D-6.011 Sec 2 (a) which were in force at the time the violation occurred. Testimony and evidence presented at the hearing indicated that concentration of glycopyrrolate at the level detected, was consistent with administration times within 24 hours of the officially scheduled post time of the race, a violation of Florida Statute 550.2415 Section 8. Therefore, the occupational license of Julio Cartagena is suspended for 30 calendar days. Suspension dates will run consecutively with the occupational license suspension issued by the Board of Stewards in ruling # 2011015535 and will commence on Sunday, June 10”, and continue through and including Monday, July 9th, 2012. Julio R Cartagena is denied access, use, and privileges of all grounds under the jurisdiction of the Florida Division of Pari-Mutuel Wagering requiring an occupational license for admission during the term of suspension. BOS321_451 Steward/Judge Steward/Judge Steward/Judge You may appeal this decision to the Division by filing a DBPR PMW-3100 Request for Appeal of Stewards’/Judges’ Ruling to the Division of Pari-Mutuel Wagering, Office of the Director, 1940 North Monroe Street, Tallahassee, FL 32399-1035. Appeals from rulings of the Judges/Stewards must be received within ten (10) days of the written ruling. If you would like to request a stay from the Stewards’/Judges’ ruling imposing a penalty, you must complete a DBPR PMW-3090 Request for Stay form and submit it to the Stewards/Judges at the facility where the ruling was issued. [f the request for stay is denied by the Stewards/Judges, the Request for Stay may be submitied to the Division. Phone: 850.487.1395 Division of Pari-Mutuel Wagering www. MyFloridaLicense.com 1940 North Monroe Street License Efficiently. Regulate Fairly. Tallahassee, FL 32399-1037 a yan fo Seas Cant CHa oe BL ida Dey esyA) Email £0 fo S Office of the General Counsel > ft Brit i Joseph M. Helton, Jr, Chief Attorney Bu ! Mess ot ss Division of Pari-Mutuel Wagering Professi Oo Sm . . 1940 North Monroe Steet, Suite 40 . . Tallahassee, Florida 32399-2202 Regulation : Phone: 850.488.0062 * Fax: 850.921.1311 . Ken Lawson, Secretary | coer Ss . . Rick Scott, Governor January 20, 2012 Julio R, Cartagena HAND SERVED 1151 NW 123 Place Miami, Florida 33182-2402 RE: NOTICE OF OPPORTUNITY TO REQUEST SPLIT SAMPLE (BPR Case Nos. 2011024648, 2011624662, 201 1024655, & 2011024650) Dear Mr, Cartagena: On March 3, 2011, you were: trainer for “GAME ON” which finished second in the first race at Gulfstream Park. Testing of urine sample number 541515 collected from “GAME ON” after the race revealed Oxilofrine (also known as Hydrioxyephedrine), a cardiac stimulant and a Class Two drug. A copy of the test result froni the University of Florida College of Veterinary Medi- cine Racing Laboratory is here enclosed. . . On March 6, 2011, you were trainer for “BROOKS LASS” which finished second in the first race at Gulfstream Park. Testing of urine sample number 541584 collected from “BROOKS LASS” after the race revealed Oxilofrine (also known as Hydrioxyephedrine), a cardiac stimu- lant and a Class Two drug. A. copy of the test result from the University of Florida College of Veterinary Medicine Racing Laboratory is here enclosed. On March 20, 2011, you were trainer for “BROOKS LASS” which finished second in the fifth race at Gulfstream Park, Testing of urine sample number 541816 collected from “BROOKS LASS” after the race revealed Oxilofrine (also known as Hydrioxyephedrine), a cardiac stimu- lant and a Class Two drug. A copy of the test result from the University of Florida College of Veterinary Medicine Racing Laboratory is here enclosed. On April 2, 2011, you were trainer for “FISHERMAN’S WHARF” which finished first in the first race at Gulfstreani Park. Testing of urine sample number 542002 collected from “FISH ERMAN’S. WHARE” after the race revealed Oxilofrine (also known as Hydrioxyephedrine), a cardiac stimulant and a Class Two drug, A copy_of the test result from the University of Florida College of Veterinary Medicine Racing-Laboratory is here-enclosed, Oxilofrine (also known as Hydrioxyephedrine) is a prohibited substance in.a racing animal. Ac- cordingly, pursuant to Rule 61D-6.006, Florida Administrative Code (F.A.C.), within no more than ten (10) calendar days from your receipt of this letter, you have the right to request a split sample with respect to any or all of the above test results. Any request for a split sample must be made in writing and received by the division’s Office of Operations within no more than ten (10) days from the date you receive this letter. As stated in Rule 61D-6,006(3), F.A.C.: “Failure to request a split sample or failure to select and make arrangements, including payment for services, LICENSE EFFICIENTLY, REGULATE FAIRLY. WWW.MYFLORIDALICENSE.COM Letter to Julio Cartagena Page -2~ with an approved laboratory within 10 calendar days after receiving [this] written notification ves shall constitute a waiver of the right to a split sample.” : For your reference, I have enclosed a copy of Rule 61D-6.006(3), F.A.C. together with the four laboratory reports, Please do not hesitate to contact me if] can be of any further assistance. Sincerely, ec, oe Charles #, “Chip” Collette Assistant General Counsel Division of Pari-Mutue! Wagering (Attorney for Office of Operations) Enclosures tc.(w/ encls.): Office of Operations DEC-27-2412 15:47 From: 3014785675 To? #8509811311 Pageiov2 12/21/2012 16:27 8599221311 DBPR DGG PMW a . PAGE 82/15 : RECEIVED DEC 27 20i2 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA rerrl AFFIDAVIT OF SERVICE OR DILIGENT SEARCHOGC - PMW Department of Business and Professional Case No. 2011024648 Regulation and Division of Pati-Mutuel Wagering 201 1024650 PETITIONER 2011024655 201 1024662 vs. Julia R. Cartagena, RESPONDENT COMES NOW, the affiant, who first being duly sworn, deposes and states: 1). Affiant is the Chief Investigator employed by the Maryland State Racing Commission, State of Maryland. 2) That on (date) {2 “2 T-2 of 2 , Affiant make a diligent effort to locate Respondent, to serve Administrative Complaint issued by Department of Business and Professional Regulation, Division of Pari-Mutuc] Wagering, State of Florida. 3) (Check applicable answer) Affiant trade personal service on Respondent, or on some persort at Respondent’s usual place of abode over the age of 15 residing there, on (date) ~2 Pel ole , Affiant was unable to make service after diligently searching for Respondent shown in the D.8.P.R, investigation of the case. STATE OF MARYLAN, COUNTY OF Before mo, appeared wes s¢ ph va ath pa x who is personally known to me. ; whose identity J proved on the basis of j And who, acknowledges that his/her signature appears above. Swom to or affirmed by Affiant bofore me thie 3} day of Decembbe r- 2012. . D Notary Public-Stat¢ of Maryland Diane x nones 1o/) i / 2015, . Type or Print Name ~My Commission Expires

Docket for Case No: 13-000426PL