FILED epartment of Business and Professional Regulation Deputy Agency Clerk CLERK Evetie Lawson-Proctor Date 8/15/2018 STATE OF FLORIDA Fle # 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. 2018-037389 2018-037419 v. ROHAN G. CRICHTON, 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: ie 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 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. 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. 2018-037389) ih. 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 “HELLO JULIET” with tattoo number R03596. 9. On June 10, 2018, HELLO JULIET participated in the 2™ race of the performances held by Tropical Park. 10. On June 10, 2018, HELLO JULIET finished in 1* place of the 24 race. 11. On June 10, 2018, a Division employee collected serum sample number 910409 from HELLO JULIET. 12, Sample number 910409 was processed and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 13. The lab tested sample number 910409 and found that it contained the following: a, Caffeine: a central nervous system stimulant and class 2 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI at a concentration level of 1.453 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 33 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 114 ng/mL. d. Methocarbamol: a skeletal 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 49.6 +/- .25 ng/mL. 14. Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, by racing HELLO JULIET with a prohibited substance in the body of the animal on June 10, 2018. COUNT II (DBPR Case No. 2018-037419) 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 “BIG MONEY MACHINE?” with tattoo number Q15228. 17, On June 16, 2018, BIG MONEY MACHINE participated in the 1* race of the performances held by Tropical Park. 18. BIG MONEY MACHINE finished in 3" place of the 1" race. 19. On June 16, 2018, a Division employee collected serum sample number 910468 from BIG MONEY MACHINE. 20. Sample number 910468 was processed and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 21. The lab tested sample number 910468 and found that it contained the following: a. Caffeine: a central nervous system stimulant and class 2 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the ARCI at a concentration level of 806 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 19 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 64 ng/mL. 22. Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, by racing BIG MONEY MACHINE with a prohibited substance in the body of the animal on June 16, 2018. 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. [SIGNATURE PAGE TO FOLLOW] The administrative complaint in consolidated DBPR Case Nos. 2018-037389 and 2018- 037419 is signed this 13th day of August, 2018. /s/ Charles Dewrell CHARLES DEWRELL Deputy Chief Attorney Florida Bar No. 0102579 Charles.Dewrell@MyFloridaLicense.com /s/ Louis Trombetta LOUIS TROMBETTA Chief Attorney Florida Bar No. 0108119 Louis.Trombetta@MyFloridaLicense.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 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” for DBPR Case No. 2018-037389 and “Exhibit B” for DBPR Case No. 2018- 037419. 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.myfloridalicense.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. 07-4 7-48;06: 42PM; PHY Operations H Sone beet. 7 eee err ore £//0f1 & 8 910409 UF FLORIDA 96 EE aad College of Medicine avon Bo sex & nae Department of Pathology, Imenunology and Liboratory Me2 TRACK. ” July 17, 2018 TRAINER SAMPLED BY Tush Foy Chtson of Pern Wagering SAMEEED BE Depanment of Business and Professional Regulation STATE 2801 Bair Stone Road pet en Tallahassee, FL 32299-1037 owner's K ee: ‘ LICENSE NUMBER Sar TATTOO NUMBER Sample 910409 has been analyzed by liquid chromatogrephy-tandam » AL.252-01 to contain the folowing: tafinine found in serum caffeine (a central nervous system stimulant.and class 2 drug) - the concentration of caffeine fs 7.489 pg/mL, methocarbamel found in serum aoe earn Fa skate muscle relaxant and clase drug) « + the concentration of methocarbamal is 49.6 W- theobraming found in serum . theobromine (2 diuretic/emocth muscle relaxant and class 4 drug) - the concentration of thendromine is 83 ng/mL. theophyline found in serum oe _ Krai fa bronchocioxferoocah mwvece mieneart and cles @ reg - he concentration ef recphyne Ss 744 , D040046-FHB Horse Serum 745 INTACT Laboratory Number Specimen Final Weight Seal Tropical Park oBNO2018 os/i2i2018 Collected From Date Collected Dats Recaived Distt Cis 500.218 (1), Fi pale lacie GY Wis acrviacn Benesnie ms Fup of pas rene fa authorized on or after 07/26/2018, or upon commencement of administrative action, whichever ocours Margaret Hi FAORG ~ Associate Director Bee" abe . acai Page 1 of 1 194 The Foundation for The Gator Nation ‘An Sept Opportunity Inisitagion EXHIBIT A 07-17-18; 04:42PM; PU Opel ‘pare ib-13 910468 UNIVERSITY of eaux are UF FLORIDA has Bia, Money Madine College of Medicine Department of Pathology, Immunology and LaboratoryMe — eayigty, ms RACE Racing Laboratory TRACK TRAINER saly 17, 2018 SAMPLED BY Me. Rotiert Ehrhardt, Director SAMPLED GY. Diviton of Par-Mutuel Wagering STATE (gh. Department of Business and Professional Reguiation 2801 Blair Stone Froad cwnere ' ‘Tallahassee, FL 32899-1037 LICENSE NUMBER RE: ‘Bonort of Positive Fosult TATTOO NUMBER 1 % FL.252-04 Sample $10468 has been analyzed a chromatography-tandar = to contain tha following: wae = catteine found in serum caffeine (a central nervous system stimulant and class 2 drug) - the concentration of caffeine ia 806 ng/mL. ‘theobroming found in serum theobromine (a diuretic/smoolh muscle releomnt and class 4 drug) - tha concentration of theabromine ls 78 ng/ml, theophylline found In serum ae (a bronchodilator/smcoth musole retaxant and lags $ drug) - the concentration of theophylline le a4 n a B080203-FHE Horse Sarum 779 INTACT. Laboratory Number Spacimen Final Weight Seat Tropical Park oe/ieeois O6N18/2018 Colleoted From Date Collected Date Received Pursuant to Chapter 550.2415 (1), F.8., the public disclosure of the information containad in this Report of Foes Hens: is authorized on or atter 07/26/2018, or upon commencement of administrative action, whichever cocurs Tages jiann FAORC t \ Associate Direstor Lewes of sian Racing bah é David M. Tiffany, FAORC Chemist Iv Cerificate # AT4642 SS Paget of 185 ‘The Foundation for The Gator Nation 4p Equal Opportunity Instiestion EXHIBIT B coron_Ch sex AGE _o occ

Docket for Case No: 18-004756PL