FILED STATE OF FLORIDA Department of Business and Professional Regulation DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATI Deputy Agency Clerk DIVISION OF PARI-MUTUEL WAGERING CLERK — Evette Lawson-Proctor Date 4129/2016 File # DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CAsE Nos.: 2016-019030 2016-019457 Vv. BRUNO TESSORE, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”), and hereby files this Administratrve Complaint against Respondent, BRUNO 'TESSORE (“Respondent”), and alleges as follows: 1. The Petitioner 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-mutuel wagering professional individual occupational license, number 1352700-1021, issued by the Petitioner. 3. Atall times material hereto, Respondent trained and raced horses at Gulfstream Park. 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. At all times material hereto, in DBPR Case No.: 2016-019030, Respondent was the trainer of record of the thoroughbred horse named “MISSWORLDVENEZUELA,” tattoo number, Q22250. 6. At all times material hereto, in DBPR Case No.: 2016-019457, Respondent was the trainer of record of the thoroughbred horse named “MY GOOD VENEZUELA,” tattoo number, Q22934, DBPR, PMW v. Bruno Tessore DBPR Case Nos.: 2016-019030 and 2016-019457 Administrative Complaint Page 2 7. — Pursuant to Section 550.2415(1)(a), Florida Statutes (2015), "[t]he racing of an animal that has been impermissibly medicated or determined to have a prohibited substance present ts prohibited. It is a violation of this section for a person to impermissibly medicate an animal or for an animal to have a prohibited substance present resulting in a positive test for such medications or substatices based on samples taken from the animal before or immediately after the racing of that animal." 8. 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.” 9. 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." 10. Pursuant to Rule 61D-6.008(3), Florida Administrative Code (2016), “[s]amples collected may contain one of the three non-steroidal anti-inflammatory drugs (NSAIDs) listed below, up to the primary threshold. Samples may contain two of the NSAIDs at a concentration up to the secondary threshold.” COUNT I - DBPR CASE NO.: 2016-014949 11. Petitioner re-alleges and incorporates the allegations contained in paragraphs 1 through 10, as fully set forth herein. 12. On or about March 13, 2016, “MISSWORLDVENEZUELA” participated in the sixth (6") race held at Gulfstream Park; “MISSWORLDVENEZUELA” finished in first (1°) place. 13. On or about March 13, 2016, an employee of Petitioner collected and processed a blood sample, number 039080, from “MISSWORLDVENEZUELA,” and the processed blood serum sample was forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. DBPR, PMW v. Bruno Tessore DBPR Case Nos.: 2016-019030 and 2016-019457 Administrative Complaint Page 3 14. The lab, in accordance with applicable procedures, tested blood serum sample number 039080, and found that it contained Flunixin and Phenylbutazone, non-steroidal anti-inflammatory drugs (“NSAIDS”) and classified as a Class Four drug under the Uniform Classification Guidelines for Foreign Substances, revised December 2014, as promulgated by the Association of Racing Commissioners International, Inc. ‘These results were issued to the Petitioner in a report dated April 14, 2016. A true and correct copy of the April 14, 2016, Drug Positive Letter is attached hereto and incorporated herein as Petitioner’s Exhibit “A.” 15. ‘The concentration of Flunixin contained in sample number 039080 was 4.54 plus or minus 0.13 nanograms per milliliter; greater than the permitted regulatory limit of 3 nanograms per milliliter of serum. 16. Under Rule 61D-6.008(3) (a), F.A.C., the presence of Flunixin, with a secondary blood serum concentration level greater than 3 nanograms per milliliter, determined to be in the race-day specimen of a horse is strictly prohibited. 17. Based on the foregoing, Respondent, as “MISSWORLDVENEZUELA” trainer of record, is strictly liable for, and thus is in violation of Section 550.2415(1)(a), Fla. Stat., by racing an animal that was determined to contain and test positive for an impermissible level of a permitted drug present in its race-day specimen. COUNT II - DBPR CASE NO. : 2016-014949 18. Petitioner re-alleges and incorporates the allegations contained in paragraphs 1 through 10, and 12 through 14 as fully set forth herein. 19. ‘The concentration of Phenylbutazone contained in sample number 039080 was 1.124 plus or minus 0.025 micrograms per milliliter; greater than the permitted regulatory limit of 0.3 micrograms per milliliter of serum. DBPR, PMW v. Bruno Tessore DBPR Case Nos.: 2016-019030 and 2016-019457 Administrative Complaint Page 4 20. Under Rule 61D-6.008(3)(c), F.A.C., the presence of Phenylbutazone, with a secondary blood serum concentration level greater than 0.3 micrograms per milliliter, determined to be in the race-day specimen of a horse is strictly prohibited. 21. Based on the foregoing, Respondent, as “MISSWORLDVENEZUELA” trainer of record, is strictly liable for, and thus is in violation of Section 550.2415(1)(a), Fla. Stat., by racing an animal that was determined to contain and test positive for an impermissible level of a permitted drug present in its race-day specimen. COUNT III - DBPR CASE NO.: 2016-019457 22. Petitioner re-alleges and incorporates the allegations contained in paragraphs 1 through 10, as fully set forth herein. 23. On or about March 31, 2016, “MY GOOD VENEZUELA” participated in the eighth (8") race held at Gulfstream Park; “MY GOOD VENEZUELA” finished in first (1°) place. 24. On or about March 31, 2016, an employee of Petitioner collected and processed a blood sample, number 039371, from “MY GOOD VENEZUELA,” and the processed blood serum sample was forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 25. ‘The lab, in accordance with applicable procedures, tested blood serum sample number 039371, and found that it contained Phenylbutazone, a non-steroidal anti-inflammatory drug (“NSAID”) and classified as a Class Four drug under the Uniform Classification Guidelines for Foreign Substances, revised December 2014, as promulgated by the Association of Racing Commissioners International, Inc. These results were issued to the Petitioner in a report dated April 19, 2016. A true and correct copy of the April 19, 2016, Drug Positive Letter is attached hereto and incorporated herein as Petitioner’s Exhibit “B.” DBPR, PMW v. Bruno Tessore DBPR Case Nos.: 2016-019030 and 2016-019457 Administrative Complaint Page 5 26. ‘The concentration of Phenylbutazone contained in sample number 039371 was 3.5 plus or minus 0.3 micrograms per milliliter; greater than the permitted regulatory limit of 2 micrograms per milliliter of serum. 27. Under Rule 61D-6.008(3)(c), F.A.C., the presence of Phenylbutazone, with a primary blood serum concentration level greater than 2 micrograms per milliliter, determined to be in the race-day specimen of a horse is strictly prohibited. 28. Based on the foregoing, Respondent, as “MY GOOD VENEZUELA” trainer of record, is strictly liable for, and thus is in violation of Section 550.2415(1)(a), Fla. Stat., by racing an animal that was determined to contain and test positive for an impermissible level of a permitted drug present in its race-day specimen. WHEREFORE, Petitioner respecttully requests the Division enter an Order against Respondent imposing one or more of the penalties specified in Rule 61D-6.011, F.A.C., and Section 550.2415(3)(a), Florida Statutes, together with any other relief the Division is authorized to impose pursuant to Chapter 550, Florida Statutes, and the rules promulgated thereunder. Signed on this 29th day of April, 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation /s/ Thomas J. Izzo THOMAS J. IZZO Florida Bar No.: 120905 Assistant General Counsel /s/ Wilham Hall WILLIAM D. HALL Florida Bar No.: 67936 Chief Attorney Division of Pari-Mutuel Wagering Department of Business & Professional Regulation 1940 North Monroe Street, Suite 40 ‘Tallahassee, Florida 32399-2202 DBPR, PMW v. Bruno Tessore DBPR Case Nos.: 2016-019030 and 2016-019457 Administrative Complaint Page 6 NOTICE OF RIGHTS Please be advised that within twenty-one (21) days of your receipt of this administrative complaint you have the right to request an administrative hearing. Any such hearing would be conducted in accordance with the provisions of Sections 120.569 and 120.57, Florida Statutes, and you would have the right to be represented by counsel or other qualified representative, to call and examine witnesses, and to have subpoenas issued on your behalt. However, if you do not file (Le., we do not receive) your request for hearing within the twenty-one (21) days, you will have waived your right to any hearing. Please also be advised that mediation is not available in this matter. NOTICE OF RIGHT TO REQUEST A SPLIT SAMPLE With respect to the “Report of Positive Result” from the University of Florida Racing Laboratory (“UF Racing Laboratory”) here supplied you and attached as “Exhibit A” and “Exhibit B” to the Administrative Complaint, please be advised you have a right to request a split sample pursuant to Rule 61D-6.006, Florida Administrative Code, by submitting Form DBPR PMW-3290, Notification to Stewards/Judge of Split Sample Request. You can obtain Form DBPR PMW-3290, Notification to Stewards/Judge of Split Sample Request, as well as a list of approved split sample laboratories, at the State Office located in any Florida pari-mutuel facility or on the Division of Pari-Mutuel Wagering’s (“Division”) website: www.myfloridalicense.com/dbpr/pmw/forms.html. You must submit your Form DBPR PMW-3290 split-sample request to the Division’s steward or judge within no more than ten (10) days from your receipt of this notice, or you will waive your right to a split sample. DBPR, PMW v. Bruno Tessore DBPR Case Nos.: 2016-019030 and 2016-019457 Administrative Complaint Page 7 4-14-1694: 4PM FMW Or: DATEDST*2—'% =) ZYQHU “SS saux (CHECK IF DECLARED) UNIVERSITY of animal YYliésworldyenezuela. IDA. coor Ch _ sex Face _2 College of Medicine riviset_{|__ RACE ——_____ Department of Pathology, Immunology and Laboratory Me TRACK Br Racing Laboratory OWNER Orlyana. Fax ian TRAINER - Les Sdy; April 14, 2016 ned) SAMPLED BY. Mr. Jonathan Zachem, Director WITNESS Division of Pari-Mutuel Wagering , Department of Business and Professiana! Regulation anes : 1840 North Monroe Street, Suite 50 ~ISGNATURE} . Tallahassee, Fl 32395-1035 TATTOO NUMBER Qa 2250 RE: A esitive Ri AL 17208 - “ Sample 039080 has been analyzed by iiquid chromatography-mass spectrometry (I.C-MS) and found to contain the following: flunixin found in serum tlunixin (an ant-inflammatory: analgesic and class 4 drug) - the concentration of flunixin Is 4.54 + 0.13 ng/mL. phenylbutazone found in serum phenylbutazone (an anti-inflammatory and class 4 drug) - the concentration of phenylbutazone Is 1.124 +/- 0.025 Hg/me. C195504-FHB Horse Serum 869 INTACT Laboratory Number Specimen Final Weight . Seal Gulfstream Park 03/13/2016 93/15/2016 —ees == 5S. 2 Collected From Date Collected Date Received Pursuant to Chapter 550.2415 (1), F.S., the public disclosure of the information contatned in this Report of Positive Result is authorized on or efter 04/23/2016, or upon commencement of administrative action, whichever occurs first. viargerent wang FAORG ( \ Patrick T. Russelt Associate Director Scientific Research Manager University of Florida Racing Lab ISO/MEC 17028-2008 Cortlticate # AT-1642 Page 1 of 1 16-244 The Foundation for The Gator Nation An Equal Opportunity Institution EXHIBIT “A” DBPR, PMW v. Bruno Tessore DBPR Case Nos.: 2016-019030 and 2016-019457 Administrative Complaint Page 8 Keceived mu eo ge DSL =039371 SALIK (CHECK IF, DECLARED) IFLORIL of animar [Mla Geo Menez. UF |FLORIDA AM GD nx Eno O4-"9*18 705 College of Medicine FINISH / RACE Departnent of Pathology, immunology and Laboratory h 7 Racing Laboratory TRACK OWNER Aprif 19, 2016 TRAINER. SAMPLED B' Mr, Jonathan Zachem, Director Division of Pari-Mutuel Wagering, WITNESS Department of Business and Professional Regulation OWNER’ 1940 North Monroe Street, Suite 50 WITNESS Tallahassee, Fl 32399-1035 TATTOO women {OLLI +e RE: Aoport of Positive Result Sample 039371 nas been analyzed by liquid chromatography-mass spactramatry (LC-MS) and found to contain the following: phenylbutazone found in serum. phanylutazone (an antiinflammatory and class 4 drug) ~ the concentration of phanylbutazone 's 3.5 «/- 0.3 ug?mL. C260481-FHB Horse Serum 12.99 INTACT Laboratory Number Specimen Final Weight Seal Gulfstream Park - ONS 172015 osfo5i2016 Collected From Date Collected Date Received Pursuant to Chapter $50.2415 (4), F.S., the public disclosure of the information contained in this ast of Positive Result is authorized on cr efter 04/28/2016, or upon commencement of administrative actian, whichever eceurs first. Margaret HXvNjding, FAQAG. oN Patrick T. Russell Associate Director Scientific Research Manager University of Florica Racing Lab isnee 17023-2005 anfan Canificare # AF-1642 Page 1 of 1 16-249 The Foundation for Tre Gator Nation An qual Opportunity tnsuaadnn EXHIBIT “B”

Docket for Case No: 16-004857PL