FILED Department of Business arid Professional Regulation AGENCY CLERK STATE OF FLORIDA clerk Ronda L. Bryan DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT]] pete 2/6/2017 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, v. Case No. 2016-047655 TROY W. TINNEY, Respondent, ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner” or “Division”), files this Administrative Complaint against Troy W. Tinney (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating pari-mutuel wagering pursuant to Chapter 550, Florida Statutes. 2. At all times material hereto, Respondent was licensed in the state of Florida with a Pari-Mutuel Wagering Individual Occupational License, having been issued license number 8281455-1021. 3. At all times material hereto, Respondent was the trainer of record of Jacob’s Kennel Building #2 at the Florida Kennel Compound (“Respondent’s kennel”). 4. On or about October 12, 2016, Division investigators conducted an inspection of Respondent’s kennel (“the inspection’). Filed November 8, 2017 11:57 AM Division of Administrative Hearings 5. The inspection revealed Respondent did not possess a current roster for the greyhounds at his kennel, nor was he able to provide proof of vaccinations for thirty two (32) greyhounds. 6. Section 550.2415(6)(a), Florida Statutes (2016), provides that “[iJt is the intent of the Legislature that animals that participate in races in this state on which pari-mutuel wagering is conducted...be treated humanely...” 7. Rule 61D-6.002(1), Florida Administrative Code (2016), provides “[t]he trainer of record shall be responsible for and be the absolute insurer of the conditions of the horses or racing greyhounds...” COUNT I 8. Petitioner hereby realleges and incorporates the allegations set forth in paragraphs one through seven as though fully set forth herein. 9. Rule 61D-2.023(3)(qj), Florida Administrative Code (2016), provides in pertinent part “[a] greyhound racing trainer shall ensure that [a] roster is maintained to identify each racing greyhound in the kennel.” 10. Based on the foregoing, Respondent violated Rule 61D-2.023(3)(j), Florida Administrative Code (2016), by failing to maintain a roster identifying each racing greyhound in the kennel. COUNT II 11. Petitioner hereby realleges and incorporates the allegations set forth in paragraphs one through seven as though fully set forth herein. 12. Rule 61D-6.009(8)(a), Florida Administrative Code (2016), provides in pertinent part “[a]ll racing animals shall be inoculated for infectious, contagious, and epizootic diseases...” 13. Rule 61D-6.009(8)(b), Florida Administrative Code (2016), provides that “[p]roof of vaccinations for each... greyhound must be kept on file by the.. trainer of record...” 14. Based on the foregoing, Respondent violated Rule 61D-6.009(8)(b), Florida Administrative Code (2016), by failing to keep proof of vaccinations for each greyhound. WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing any or all penalties delineated within Section 550.0251, 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 3°” day of February, 2017. MATILDE MILLER, Interim Secretary Department of Business and Professional Regulation /sf William Hall WILLIAM D. HALL Florida Bar No. 67936 Chief Attorney Division of Pari-Mutuel Wagering Department of Business & Professional Regulation Office of the General Counsel 2601 Blairstone Road Tallahassee, Florida 32399-2202 WDH/jl NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be advised that Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged.

Docket for Case No: 17-006141PL