FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 7/6/2018 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CASE NOS. 2018-033017 2018-033008 v. 2018-032978 2018-032949 ROHAN G. CRICHTON, 2018-032982 Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (‘Petitioner’), files this Administrative Complaint against Rohan G. Crichton (“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 916923-1021, issued by the Division. 3. Tropical Park is a facility operated by a permitholder authorized to conduct pari- mutuel wagering in this state under Chapter 550, Florida Statutes. 4. Pursuant to Section 550.2415(1)(a), Florida Statutes: 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 medications or substances based on samples taken from the animal before or immediately after the racing of that animal. Rohan G. Crichton Administrative Complaint Page 2 of 14 5. 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.” 6. 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.” COUNT I (DBPR Case No. 2018-033017) 7. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 8. At all times material hereto, Respondent was the trainer of record for the racing horse “DANCE AROUND” with tattoo number R07491. 9. On May 20, 2018, DANCE AROUND participated in the 8" race of the performances held at Tropical Park. 10. DANCE AROUND finished in 1“ place of the 8" race. 11. On May 20, 2018, a Division employee collected serum sample number 910653 from DANCE AROUND. 12, Sample number 910653 was processed and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 13. The lab tested sample number 910653 and found that it contained the following: a. Caffeine: a central nervous system depressant and class 2 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 2.042 g/mL. Rohan G. Crichton Administrative Complaint Page 3 of 14 b. Theobromine: a diuretic/smooth muscle relaxant and class 4 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 41 ng/mL. c. Theophylline: a bronchodilator/smooth muscle relaxant and class 3 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 118 ng/mL. 14. ‘Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, by racing DANCE AROUND with a prohibited substance in the body of the animal on May 20, 2018. COUNT II (DBPR Case No. 2018-033008) 15. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 16. At all times material hereto, Respondent was the trainer of record for the racing horse “MARIEALENA” with tattoo number $21866. 17. On May 24, 2018, MARIEALENA participated in the 2" race of the performances held at Tropical Park. 18. MARIEALENA finished in 1* place of the 2™ race. 19, On May 24, 2018, a Division employee collected serum sample number 910660 from MARIEALENA. 20. Sample number 910660 was processed and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 21. The lab tested sample number 910660 and found that it contained the following: Rohan G. Crichton Administrative Complaint Page 4 of 14 a. Caffeine: a central nervous system depressant and class 2 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 1.194 pg/mL. b. Theobromine: a diuretic/smooth muscle relaxant and class 4 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 27 ng/mL. c. Theophylline: a bronchodilator/smooth muscle relaxant and class 3 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 77 ng/mL. 22. Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, by racing MARJEALENA with a prohibited substance in the body of the animal on May 24, 2018. COUNT II (DBPR Case No. 2018-032978) 23. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 24. At all times material hereto, Respondent was the trainer of record for the racing horse “DIZZY GILLESPIE” with tattoo number R16385. 25. On May 27, 2018, DIZZY GILLESPIE participated in the 4° race of the performances held at Tropical Park. 26. DIZZY GILLESPIE finished in 2nd place of the 4th race. 27. On May 27, 2018, a Division employee collected serum sample number 910725 from DIZZY GILLESPIE. Rohan G. Crichton Administrative Complaint Page 5 of 14 28. Sample number 910725 was processed and forwarded to the University of Florida Racing Laboratory (“‘the lab”) for analysis. 29. The lab tested sample number 910725 and found that it contained the following: a. Caffeine: a central nervous system depressant and class 2 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 984 ng/mL. b. Theobromine: a diuretic/smooth muscle relaxant and class 4 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 20 ng/mL. c. Theophylline: a bronchodilator/smooth muscle relaxant and class 3 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 61 ng/mL. 30. Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, by racing DIZZY GILLESPIE with a prohibited substance in the body of the animal on May 27, 2018. COUNT IV (DBPR Case No. 2018-032949) 31. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 32. At all times material hereto, Respondent was the trainer of record for the racing horse “RETHINKME?” with tattoo number $02223. 33. On May 27, 2018, RETHINKME participated in the 2™ race of the performances held at Tropical Park. 34, RETHINKME finished in 2™ place of the 2™ race. Rohan G. Crichton Administrative Complaint Page 6 of 14 35, On May 27, 2018, a Division employee collected serum sample number 910720 from RETHINKME. 36. Sample number 910720 was processed and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 37. The lab tested sample number 910720 and found that it contained the following: a. Caffeine: a central nervous system depressant and class 2 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 849 ng/mL. b. Theobromine: a diuretic/smooth muscle relaxant and class 4 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 18 ng/mL. c. Theophylline: a bronchodilator/smooth muscle relaxant and class 3 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 50 ng/mL. 38. Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, by racing RETHINKME with a prohibited substance in the body of the animal on May 27, 2018. COUNT V (DBPR Case No. 2018-032982) 39. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 40. At all times material hereto, Respondent was the trainer of record for the racing horse “HURRICANE ROBERTA” with tattoo number 511523. Rohan G. Crichton Administrative Complaint Page 7 of 14 41. On May 27, 2018, HURRICANE ROBERTA participated in the 10" race of the performances held at Tropical Park. 42, HURRICANE ROBERTA finished in 1" place of the 10" race. 43. On May 27, 2018, a Division employee collected serum sample number 910735 from HURRICANE ROBERTA. 44. Sample number 910735 was processed and forwarded to the University of Florida Racing Laboratory (‘the lab”) for analysis. 45. The lab tested sample number 910735 and found that it contained the following: a. Caffeine: a central nervous system depressant and class 2 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 1.017 pg/mL. b. Theobromine: a diuretic/smooth muscle relaxant and class 4 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 24 ng/mL. c. Theophylline: a bronchodilator/smooth muscle relaxant and class 3 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI, at a concentration level of 80 ng/mL. 46. Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, by racing HURRICANE ROBERTA with a prohibited substance in the body of the animal on May 27, 2018. (SIGNATURE PAGE TO FOLLOW) Rohan G. Crichton Administrative Complaint Page 8 of 14 WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing against Respondent one or more of the penalties specified in Rule 61D-6.011, Florida Administrative Code, Section 550.2415(3)(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 28th day of June, 2018. /s/ Charles Dewrell /s/ Louis Trombetta CHARLES DEWRELL LOUIS TROMBETTA Deputy Chief Attorney Chief Attorney Florida Bar No. 0102579 Florida Bar No. 0108119 Charles. Dewrell@MyFloridaLicense.com Louis. Trombetta@MyF loridaLicense.com Office of the General Counsel Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 2601 Blair Stone Road, Mail Stop N21 Tallahassee, Florida 32399-2202 Telephone: (850)-717-1585 Facsimile: (850) 921-1311 Rohan G. Crichton Administrative Complaint Page 9 of 14 NOTICE OF RIGHTS TO REQUEST A HEARING Pursuant to Section 120.569 and 120.57, Florida Statutes, you have the right to request a hearing to challenge the charges contained in this Administrative Complaint. If you choose to request a hearing, you will have the right 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 your behalf. Any request for an administrative proceeding to challenge or contest the charges contained in this Administrative Complaint must conform to Rule 28-106.2015, Florida Administrative Code. Pursuant to Rule 28-106.111, Florida Administrative Code, you must request a hearing within 21 days from receipt of this Notice, or you will waive your right to request a hearing. NOTICE OF RIGHT TO REQUEST A SPLIT SAMPLE Pursuant to Rule 61D-6.006, Florida Administrative Code, you have the right to request a split sample with respect to each “Report of Positive Result” from the UF Lab. (Copies attached as Exhibit A - E). To request a split sample, use Form DBPR PMW-3290, Notification to Stewards/Judge of Split Sample Request (Form 3290). You can obtain Form 3290, as well as a list of approved split samples laboratories, at the State Office located in any Florida pari-mutuel facility, or on the Division’s website: www.inyfloridalicense.com/dbpr/pmw/forms.html. You must submit Form 3290 to the state steward, Division hearing officer, or office of the General Counsel, within 10 days from receipt of this Notice, or you will waive your right to request a split sample. Rohan G. Crichton Administrative Complaint Page 10 of 14 08-19-18;04; 49Pu; PAW Oper *"~~- me BFE SR UNIVERSITY of cae a UF FLORIDA oa 2 College of Medicine covon Dialbegex 4. a a ea an arn rinse 1 ance 2 June 19, 2018 /, p sampceo ey Glota Per peh2 _ PLO Mr. Robert Ehrhardt, Director SAMPLED BY OMseion of Pari-Mutuel Wagering ‘ Department of Business and Professional Regulation STATE ¢. 2601 Blair Stane Road mo re mn Tallahassee, Fl. 32399-1037 OWNER'S VY Vila Du rar BP € LICENSE NUMBER RE Renor of Positive Result —= * rarroo nuupen_ 2.0 744 [4 Sample 910863 has been i ter F-25201 ee ple pet as anelyzed by liquid chromatography-tan caffeine found in seram caffeine (a central nervous system stimulantand class 2 drug) - the concentration of caffeine is 2.042 pgimL, + theobromine found in serum thecbromine (a diuretic/smooth muscie relaxant and class 4 drug) - the concentration of theabromine is 41 ng/mL, theophylline found In serum Fe ee aoc maNleNCe: mmcie ONDER Bed coe: 3 Cg = Nr goncerieaSon hese yee S178 0046178-FHB Horas Serum 134g INTACT Laboratory Number Specimen Fina’ Weight Saal Tropical Fark 95/202018 nL Collected From Date Collected Date Received Pursuant 10 Chapter 580.2415 (1), F.S., the public disclosure of the information containad in this Report of Postive Reside aunties On or afler 06/28/2018, or upon commencement of administrative action, whichever occurs first. Margaret H. FAORG Associate Olrector University of Florida Racing Lab : tn Cortfieatn # AT-1842 == The Foundation for The Gator Nation ‘An Beat Opportuniay hstution Page { of f 18-203 EXHIBIT A Rohan G. Crichton Administrative Complaint Page 11 of 14 GB-19-°8; 04:40PM; PM Qper=riane # .Gs-8 ore 224-18 9 10660 UNIVERSITY of Wan = arb UF FLORIDA ANIMAL Marieclenc College of Medicine coronDKnlee” sex E_ ace 2 Department of Pathology, immunology and Laboratory Mec a Racing Leboratory roasts Rae: TRACK SON June 19, 2018 TRAINER SAMPLED BY = Mr. Robert Ehrhardt, Diractor 1: i Division of ParkMutuel Wagering ee Department of Business and Professional Regulation STATE dane 2601 Blair Stone Road rere. Tallahassee, FL 32399-1037 owner's & one LICENSE NUMBER RE: eport ot Positive Result re} TATTOO wusen_S.2(8'o6 ___ Sample 910680 has been analyzed by liquid Ghromatography-tandem —-AL252-01 to contain tha folowing: caffeine found in serum caffeine (6 central nervous system stimutan$ and class 2 drug) - the concentration of caffeine ls 1.194 pg/mL, ~ theobromine found in serum theobromine (a diuretic/smooth muscie relaxant and class 4 drug) - ihe concentration af thachroming is 27 ng/mL. theophyline found in serum Pere enn Bron caen nee ste lela Be cee 8 cru - Uae serentenn of Sesetyane = 77 Ly 0047077-FHB Horse Serum 949 INTACT Laboratory Number Specimen Final Weight Seal Tropica) Park 3 05/24/2018 06/30/2018 Cokected From Dete Collected Date Received Pursuant to Chapter 550.2415 (1), F.S., the public disclogure af the information contained in this Report of Festive Pieeut 8 auhioriess on of ater O8/28/2018, oF por commencement of adininiatrative action; Michiever occurs } . | yy Margaret H. ing, FAORC ~ David M. Tiitany, FAORC Associate Director Chemist IV Univaraty of Florida Racing Lab (gone s7oz62008 Gorlicate # AT-1842 ae The Foundation for The Gator Nation An Squs! Opportunity Inetinution: Page 1 of 1 18-204 EXHIBIT B Rohan G. Crichton Administrative Complaint Page 12 of 14 (8-20-18501: 279M; Par Geer oa S18 910725 UF Oni of PP sam ony FLORIDA peut DH Glesp College of Medicine von Ch _ sex vom Department of Pathology, immunology and Laboratory Mex pasa vive. nace ten an Gicton Hlanciscg, Leon _ June 20, 2018 SAMPLED BY Mr. Robart Ehrhardt, Director SAMPLED " apenigs Dove FE Division of Part-Mutuel Wagering Geese Fc Department of Businase and Prolessional Regulation STATE aa 2601 Blair Stone Road Tallahassee, FL 32399-1037 LICENSE NUMBER = 2 Report of Poshtive Result “ ee RIC Sample 910725 has been analyzed by iquid chromatographytandem E2820! to comain the followings Caffeine found in serum caffeine (a central nervous system stimulant and class 2 drug) - the concentration of caffeine Is $84 no/mL. es theobromine found in serum theobromine (a diuraticfsmooth muscle relaxant and class 4 drug) - the concentration of theobromine is 20 ng/mL. theophylline found in serum ‘theophylline (a bronchodilator/smooth muscle relaxant and class 3 drug) - the eongentration of theophylline ts 61 D047204-FHE Horse Ssrum 1059 INTACT Laboratory Number ‘Specimen Final Weight Soul ‘Tropical Park 05/27/2018 aspo2018 Cokected From Date Cotected Dats Reueived Pursuant to Chapter 550.2415 {1), F.6., the public disclosure of the information cantainad in this Report of fositve Feet |g authorized on or after 06/29/2018, or upan commencement of administrative action, wiichever occurs Margaret FAORC _ David M. Titfany, FAO! Chemist IV Associate Director isonee umes ata Cantificats # AY-1642 Page 1 of 1 48-205 The Foundation for The Gator Nation An Equal Opportunity Iratinstion EXHIBIT C Rohan G. Crichton Administrative Complaint Page 13 of 14 38-20-18:01:27PM; PMW Opereneere — “ve mes n-\F 910720 UNIVERSITY apy CT UF FLORIDA ae Deliinkme, College of Medicine covon_12__ sext_ AGE mi Department of Pethology, immunology and Laboratory Met cine D~ RACE = TRACK ic reanen Pahen Cridaton June 20, 2018 SAMPLED BYSRLALA D aNNTe Mr. Robert Ehrhare, Director SAMPLED BY. Division of Pari-Mutual Wagering Department of Business and Professional Regulation STATE 2601 Bilal Stone Road ° x Tallahassee, FL 32399-1037 OWNER'S LICENSE NUMBER apg ————— RE: Benort of Positive Result TATTOO NUMBER, $O2% Sample 910720 has been analyzed by liquid chromatography-tandem 1 . neeee 10 contain the foliowing: caffeine found in serum catfeins (2 cantra| nervous system stimulantand class 2 drug) - the concentration of caffeine is 849 ng/ml. theobromine found In eerum theodromine (& diuretic/smooth muacie relaxant and class 4 drug) « the concentration of theobromine is 18 ng/mL. theophyliine found in serum theophylline (a bronchodilator/smooth muscle relaxant and class 3 drug) - the concentration of theophylline is 50 (047216-FHB Hores Serum 1239 INTACT Laboratory Number Specimen Final Weight Seal Tropical Park 05/2772018 o5/30/2018 Collected From Bate Collected Date Received Pursuant to Chapter 50.2416 (1), F.S., the publi diseiosuré of the Information contained In thie Report af Postive Fissurt I eulhortzed on oF afer 06/20/2018, oF upon commencement of administrative action, whichever occurs first. Margaret sepa FAORG om y David M. Tifany, FAORG Associate Director Chemist Vv ores ‘ot Florida ot ska Fecing Lab Seaione yateng atten The Foundation for The Gator Nation An Equal Opportunity Ina natian Page 1 of 1 18-207 EXHIBIT D Rohan G. Crichton Administrative Complaint Page 14 of 14 0-26-7829": 27H: Pitw Goer ee DIS 910735 DB smx ast UNIVERSITY of : UF [FLORIDA anima, AULti Cone Roberta, covonDYPIeX sex Face > College of Medicine Department af Pathology, laununology and Labotstory Me: FIN'SH_|___srace_LO Racing Laboratory TRACK D2 raanen Rohan Crichton June 20, 2018 SAMPLED py non FOND 9 SAMPLED 8Y——_—______, —_—— Mr, Robart Ehrharh, Director Division of Pari-Mutuel Wagaring STATE Ys Department of Business and Professional Regulation Asmore. 2801 Blair Stone Road OWNER’S Tatahasses, FL 32999-1037 LICENSE NUMBER : RE: Report of Bostive Rasy TATTOO NuMBER. \|S2- Ri_252-09 Sample 610735 has been analyzed by liquid chromatography-tandens naa opowwuurmiry yermrnsnmey wee pew ne fo contain the following: caffeine found in serum caffeing [a central nervous system stimulant-end class 2 drug) ~ the concentration of caffeine ts 1.017 ugimi. ’ theabromine found in serum thegbromine (a diurstic/smooth musole relaxant and class 4 drug) - the concentration of theabromine is 24 np/mi. theophylline found in serum eR nen rome class 3 cnig) - the concentralion of theophyfiine is 80 0047212-FHB Horse Serum 879 INTACT Laboratory Number Specimen Final Weight Seal Sroppal Perk 07e712018 0530/2018 _ Collected From Date Collected Date Received Pursuant to Chapter 650.2415 (1}, F.S., the public disclosure of the information contained in this Report of ious Tene Is authorized on or after 06/28/2019, or upon commencement of administrative action, whichever occurs first. « Margaret H. . FAORC Assaciate Dit University of Florida Racing Lab Cations partes cs = Page 1 of 1 18-206 The Foundation for The Gator Nation ‘An Equal Opportunity ina iituiion EXHIBIT E

Docket for Case No: 18-004754PL