FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS & PROFESSIONAL REGULAT]| pe 7/43/2016 DIVISION OF PARI-MUTUEL WAGERING File # DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CasE Nos. 2016-030727 2016-030733 Vv. SHAUN P. POWERS, Respondent. / ADMINISTRATIVE COMPLAINT ‘The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”), files this Administrative Complaint against Shaun P. Cohen, (“Respondent”) and al- leges as follows: 1. The Petitioner is the state agency charged with regulating pari-mutuel wagering pursuant to Chapter 550, Florida Statutes. 2. Orange Park is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under Chapter 550, Florida Statutes. 3. At all times material hereto, Respondent held a pari-mutuel wagering professional indi- vidual occupational license, number 10696423-1021, issued by the Division. 4. Pursuant to Section 550.2415(1)(a), Florida Statutes (2015), “the racing of an animal that has been impermissibly medicated or determined to have a prohibited substance present is prohibit- ed. 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 substances based on samples taken from the animal before or immediately after the racing of that animal.” 5. Section 550.2415(1)(©), Florida Statutes (2015), states, “|t]he finding of a prohibited sub- stanice 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.” 6. Rule 61D-6.002(1), Florida Administrative Code (2015), provides, "[t]he trainer of rec- ord shall be responsible for and be the absolute insurer of the condition of the horses... he/she enters to race." Facts Specific to Sample No. 096217 (Case No. 2016-030727) 7. At all times material hereto, Respondent was the trainer of record of the racing grey- hound “BOC’S ANDROSS,” tattoo number 74C64394. 8. On or about June 4, 2016, “BOC’S ANDROSS” finished in sixth place in the ninth race at Orange Park. 9. Orange Park is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under Chapter 550, Florida Statutes. 10. On or about June 4, 2016, a Division employee collected urine sample number 096217 from “BOC’S ANDROSS.” 11. Sample number 096217 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. Facts Specific to Sample No. 088886 (Case No. 2016-030733) 12. At all times material hereto, Respondent was the trainer of record of the racing grey- hound “BOC’S COUNTRYCAM,” tattoo number 103462387. 13. On or about June 4, 2016, “BOC’S COUNTRYCAM?” finished in eighth place in the fourth race at Orange Park. 14. On or about June 4, 2016, a Division employee collected urine sample number 088886 from “BOC’S COUNTRYCAM.” 15. Sample number 088886 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. COUNT I (DBPR Case No. 2016-030727) 16. Petitioner hereby realleges and incorporates paragraphs one through eleven as though fully set forth herein. 17. The lab tested sample number 096217 and found that it contained benzolecgonine, a metabolite of cocaine. Cocaine is a local anesthetic and a Class 1 drug under the Uniform Classifica- tion Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. 18. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes (2015), by racing “BOC’S ANDROSS,” a greyhound determined to have been impermissibly medi- cated or to have a prohibited substance present resulting in a positive test for such medications or substances based on samples taken from “BOC’S ANDROSS” before or immediately after the rac- ing of “BOC’S ANDROSS” on June 4, 2016. COUNT IT (DBPR Case No. 2016-030727) 19. Petitioner hereby realleges and incorporates paragraphs one through eleven as though fully set forth herein. 20. The lab tested sample number 096217 and found that it contained cocaine, a local anes- thetic and a Class 1 drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. 21. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes (2015), by racing “BOC’S ANDROSS,” a greyhound determined to have been impermissibly medi- cated or to have a prohibited substance present resulting in a positive test for such medications or substances based on samples taken from “BOC’S ANDROSS” before or immediately after the rac- ing of “BOC’S ANDROSS” on June 4, 2016. COUNT IH (DBPR Case No. 2016-030727) 22. Petitioner hereby realleges and incorporates paragraphs one through eleven as though fully set forth herein. 23. The lab tested sample number 096217 and found that it contained ecgonine methyl es- ter, a metabolite of cocaine. Cocaine is a local anesthetic and a Class 1 drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. 24. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes (2015), by racing “BOC’S ANDROSS,” a greyhound determined to have been impermissibly medi- cated or to have a prohibited substance present resulting in a positive test for such medications or substances based on samples taken from “BOC’S ANDROSS” before or immediately after the rac- ing of “BOC’S ANDROSS” on June 4, 2016. COUNT IV (DBPR CASE NO. 2016-030733) 25. Petitioner hereby realleges and incorporates paragraphs one through six and twelve through fifteen as though fully set forth herein. 26. The lab tested sample number 088886 and found that it contained benzolecgonine, a metabolite of cocaine. Cocaine is a local anesthetic and a Class 1 drug under the Uniform Classifica- tion Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. 27. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes (2015), by racing “BOC’S COUNTRYCAM,” a greyhound determined to have been impermissibly medicated or to have a prohibited substance present resulting in a positive test for such medications or substances based on samples taken from “BOC’S COUNTRYCAM” before or immediately after the racing of “BOC’S COUNTRYCAM” on June 4, 2016. COUNT V (DBPR CASE NO. 2016-030733) 28. Petitioner hereby realleges and incorporates paragraphs one through six and twelve through fifteen as though fully set forth herein. 29. The lab tested sample number 088886 and found that it contained cocaine, a local anes- thetic and a Class 1 drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. 30. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes (2015), by racing “BOC’S COUNTRYCAM,” a greyhound determined to have been impermissibly medicated or to have a prohibited substance present resulting in a positive test for such medications or substances based on samples taken from “BOC’S COUNTRYCAM” before or immediately after the racing of “BOC’S COUNTRYCAM” on June 4, 2016. COUNT VI (DBPR CASE NO. 2016-030733) 31. Petitioner hereby realleges and incorporates paragraphs one through six and twelve through fifteen as though fully set forth herein. 32. The lab tested sample number 088886 and found that it contained ecgonine methyl es- ter, a metabolite of cocaine. Cocaine is a local anesthetic and a Class 1 drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. 33. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes (2015), by racing “BOC’S COUNTRYCAM,” a greyhound determined to have been impermissibly medicated or to have a prohibited substance present resulting in a positive test for such medications or substances based on samples taken from “BOC’S COUNTRYCAM” before or immediately after the racing of “BOC’S COUNTRYCAM” on June 4, 2016. WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing against Respondent one or more of the penalties specified in Rule 61D-6.012, Florida Administra- tive Code, Section 550.2415@)(a), Florida Statutes, and/or any other relief that the Division is authorized to impose pursuant to Chapter 550, Florida Statutes, and/or the rules promulgated thereunder. Signed this 12th day of July, 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation /s/ Caitlin R, Mawn CAITLIN R. MAWN Florida Bar No. 99545 Deputy Chief Attorney /s{ WilGam Hall WILLIAM D. HALL Florida Bar No. 67936 Chief Attorney Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, Florida 32399-2202 NOTICE OF RIGHTS Please be advised that within twenty-one (21) days of your receipt of this administrative com- plaint 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 each “Report of Positive Result” from the University of Florida Racing Labora- tory (UF Racing Laboratory) here supplied you (copies attached as Exhibits “A” & “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 Re- quest, as well as a list of approved split sample laboratories, at the State Oftice 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 watve your right to a split sample. Failure to pay the independent laboratory in full for a split sample analysis within ten (10) days of the Division’s receipt of your split sample request will result in a waiver of your right to a split sample. /+/ Glenda Ricks Glenda Ricks, Chief Operations Officer Division of Pari-Mutuel Wagering Received Jun 2g ° pare Acti. 096217 URINE TOPOS iF TNER Than URINE UF LORI of ANIMAL ae fs FLORIDA con 28 sock meh iL, College of Medicine rinisy 2 mace} Department of Pathology, Immunology and Laboratory Medicine TRACK 15 T Racing Laboratory owner fad a K rel TRAINER June 29, 2016 SAMPLED BY TEIGRATURED Mr Anthony J. Glover, Direcior isi 7 ‘ OWNER'S Division of Part Mutust Wagering ; WITNESS aaaiis Department ef Business and Profassionai Paguiation ai 1940 North Monroe Street, Suite 50 OWNER’S Tallahassee, Fl 32359-1035 WUT qarroo numer FICE? RE: Report of Positive Result AL.152-014 Sample 096217 has been analyzed by liquid chromatography-mass spectrometry (LC-MS) and found to contain tha folowing: benzeylecgenine found in urine benzoyleegonine is a metabolite of cocaine (cocaine is a jocai anesthetic and class 1 drug) - the concentration of benzoylecgonine is 16 g/m. cocaine found in urine cocaine (a iocal anesthetic and class 1 drug) - the concentration of cacaine Is tess than & ng/mL. acgonine methyl ester found In urine ecgonine mathyl ester is a metabolite of cocaine (cocaina is a local anesthetic and cless 1 drug) - the concentration of ecgonine methyl ester is less than 5 ng/mt. 0214584-FDU Bog Urine 32.49 (INTACT . Laboratory Number ~ Specimen Final Weight Seal : Bayard @ Orange Park 06/04/2068 O6/82016 Collected From Data Collected Gate Received Pursuant to Chapter 550.2415 (1), F.S., the public disclosurs of the information contained in this Report of Positive Resuit is authorized on or after 07/08/2015, or upon commencement of administrailve action, whichever cecurs first, Patrick T Russell Chemist IV Margaret 1: ing, FAORC Associate Director | University of Florida Racing Lab | ISOKEC 17025-2008 atfan Certificate #AT-A842 Page 1 of? 46-355 The Foundation for The Gatoy Nation An Equa! Opportunity Insanution EXHIBIT “A” vate Le-4-l’ ORR BB6 URINE IVERSITY 9 vn — or Eis UF IELORIDA ti ai FINISH ——RACE College of Medicine iS 7 / f Department of Pathology, Immunology and Labaralory Medicine TRACK Racing Laboratory ¢ OWNER f TRAINER Shawn Faxes June 29, 2016 SAMPLED BY Canty arly — OWNER'S WITNESS aerate Mic Anthony J. Glover, Oirecter Divigion of Pari-Mutuet Wagering Departmant of Business and Professional Reguiation 1940 North Montoe Street, Suite 50 OWNER'S Tallanasses, F! 32399-1035 WITNESS Sean TATTOO NUMBER RE: Report of Positive Result AL.AS2-04 Sample 088686 has been analyzed by liquid chromatagraphy-mass spectrametry (LC-MS) and found to cantein the fatiowing: benzoyleeganine found in urine benzoyisegonina is a metabolite of cocaine (cocaine is a jocal anesthetic ard class 1 drug) - the concentration of benzoylecgonine is 15.4 ng/mL. cocaine found in urine cocaine (a local anesthetic and class 1 drug) - tha concentration of cocaine is less than 8 ng/mL. ecgonine methyt ester found in urine ecgonine methy! aster Is a metabolite of cacaine (cocaine |s a loca! aresthetic and class 4 drug) - the concantration of ecgorine methy! ester is less than 5 ng/mi. 214680-FDU Bog Urine 44g INTACT Laboratory Number Spacimen Final Weight Seai Bayard@Orangs Park . _08M4/2016 6/09/2016 Collected From Date Collected Date Received Pursuant ta Chapter 550.2415 (1), €.S., the public dise’osure of the information cantained in this Repan of i Positive Aesult is authorized on or after 07/08/2016, or upon commencement of administrative action, whichever occurs first, Margaret ie EAORC Patrick T. Russell Associate Cirector Chemist r Univarsity of Flodda Aacing Lab | WBOMEC 17026-2005 | Canificate # AT.1642 t Page 1 oft 18-358 The Foundation for The Gator Nation An Gquai Opporcunity leutinution EXHIBIT “B”

Docket for Case No: 16-005878PL