FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT]] pete 5/12/2017 DIVISION OF PARI-MUTUEL WAGERING File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, DBPRCASENO.: — 2017-021805 Petitioner, Vv. RAMON MOYA, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”), files this Administrative Complaint against Ramon Moya (“Respondent”), and alleges as follows: 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 held a pari-mutuel wagering professional individual occupational license, number 1232372-1021, issued by Petitioner and worked as a horse trainer. 3. According to Section 550.2415(1), Florida Statutes: (a) The racing of an animal that has been impermissibly medicated or determined to have a prohibited substance present is 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 medication or substances based on samples taken from the animal before or immediately after the racing of that animal. (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. 4. Additionally, Rule 61D-6.002(1), Florida Administrative Code, provides that “[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.” 5. On April 6, 2017, Respondent was the trainer of record for a racing horse named “SMART DUDE.” 6. On April 6, 2017, SMART DUDE was entered in race four of Gulfstream Park’s afternoon performances. 7. Gulfstream Park is a permitholder authorized to conduct pari-mutuel wagering in this state in accordance with Chapter 550, Florida Statutes. 8. On April 6, 2017, SMART DUDE finished in third place in race four. 9. On April 6, 2017, a Division employee collected serum sample 047723 from SMART DUDE. 10. Sample 047723 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 11. The lab tested sample 047723 and found that it contained flunixin at a concentration of 3.79 +/- 0.13 ng/mL and phenylbutazone at a concentration of 0.725 +/- 0.025 pg/mL. 12. Flunixin is an anti-inflammatory, analgesic, and class 4 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners International, Inc. 13. Phenylbutazone is an anti-inflammatory and class 4 drug according to the Uniform Classification Guidelines for Foreign Substance, as promulgated by the Association of Racing Commissioners International, Inc. 14. According to Rule 61D-6.008(3), Florida Administrative Code, “samples may contain two of the nonsteroidal anti-inflammatory drugs (NSAIDs) at a concentration up to the secondary threshold.” 15. According to Rule 61D-6.008(3)(a), Florida Administrative Code, the secondary blood serum concentration for flunixin is 3 ng/mL. 16. According to Rule 61D-6.008(3)(c), Florida Administrative Code, the secondary blood serum concentration for phenylbutazone is .3 ng/mL. 17. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes, by racing SMART DUDE with prohibited drugs, medications, stimulants, depressants, hypnotics, local anesthetics, or drug masking agents. WHEREFORE, Petitioner respectfully requests the division enter an Order imposing one or more of the penalties specified in Chapter 550, Florida Statutes, and/or the rules promulgated thereunder. Signed this 12ht day of May, 2017. ‘s/ Louis Trombetta Louis Trombetta Florida Bar No. 108119 Chief Attorney Division of Pari-Mutuel Wagering Office of General Counsel Department of Business and Professional Regulation 2601 Blair Stone Road, 5 Floor Tallahassee, FL 32399-2202 Telephone (850)-488-0062 Louis. Trombetta@myfloridalicense.com NOTICE OF RIGHT TO REQUEST A HEARING 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 behalf. However, if you do not file (1.e., 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 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. Kece ived: 09-09-17:04: 95 PHY Op oye 6 L 047723 SALIX (CHECK IF DECLARED) UF | UNIVERSITY of ANIMAL Sort Dede: FLORIDA coton_Gft sex C ace 2 College of Medicine FINisH. 2 race Department of Pathology, Immunology and Laboratory Med . ey mack 32 / Racing Laboratory . OWNER fat - lg A - Sener TRAINER rod A- May 03, 2017 Ts 7 SAMPLED BY Benn Mr. Anthony J. Glover, Olrector . Sa Division of Parl-Mutuel Wagering: WITNESS Ide¢ Tacan ez Department of Business and Professional Regulation OWNER'S 7 ole AD (2 VE 2 2601 Blair Stone Road : WITNESS NATO Tallahassee, FL 32399-1037 - .. TATTOO NUMBER 78S 3 RE: export of Positive Result RL.172-03 (2 Sample 047723 has been analyzed by liquid chromatography-tandem mass spectrometry (LC-MS/MS) and found to contain the following: flunixin tound in serum flunixin (an anti-inflammatory; analgesic and class 4 drug) - the concentration of flunixin is 3.79 +/- 0.13 ng/mL. phenylbutazone found in serum phenylbutazone (an anti-inflammatory and class 4 drug) - the concentration of phenylbutazone is 0.725 +/- 0.025 Ho/mL. C269385-FHB Horse Serum 779g INTACT Laboratory Number Specimen Final Weight Seal Gulfstream Park 04/06/2017 04/11/2017 Collected From Date Collected Date Received Pursuant to Chapter 550.2415 (1), F.S., the public disclosure of the information contained in this Report of Positive Result is authorized on or after 05/12/2017, or upon commencement of administrative action, whichever occurs first. — Patrick T. Russell David M. Tiffany, FAORC Chemist IV Chemist !V University of Florida Racing Lab eee " anfas “| Centicate + AT-1842 Page 1 of 1 17-220 The Foundation for The Gator Nation ‘“ Aq Equal Opportunity Insotution EXHIBIT A

Docket for Case No: 18-000706PL