FILED Department of Gusiness and Professional Regulation Deputy Agency Clerk CLERK Evetie Lawson-Proctor Date 7/18/2018 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. 2018-035788 2018-035913 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: 1. The 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. 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. 2018-035788) 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 “TIGER PAW” with tattoo number Q15556. 9. On June 3, 2018, TIGER PAW participated in the 10" race of the performances held at Tropical Park. 10. | TIGER PAW finished in 1* place of the 10" race. 11. On June 3, 2018, a Division employee collected serum sample number 910334 from TIGER PAW. 12. Sample number 910334 was processed and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 13. The lab tested sample number 910334 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 3.577 g/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 ARC] at a concentration level of 104 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 406 ng/mL. 14, Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, by racing TIGER PAW with a prohibited substance in the body of the animal on June 3, 2018. COUNT II (DBPR Case No. 2018-035913) 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 “CROCODILE CHARLIE” with tattoo number R15705. 17. On May 31, 2018, CROCODILE CHARLIE participated in the 1“ race of the performances held at Tropical Park. 18. CROCODILE CHARLIE finished in 2™ place of the 1" race. 19. On May 31, 2018, a Division employee collected serum sample number 910262 from CROCODILE CHARLIE. 20. Sample number 910262 was processed and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 21. The lab tested sample number 910262 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 1.449 pg/mL. b. 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 62 ng/mL. 22. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes, by racing CROCODILE CHARLIE with a prohibited substance in the body of the animal on May 31, 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. Signed this 17th day of July, 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@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 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 Tequest 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” for DBPR Case No. 2018-035788 and “Exhibit B” for DBPR Case No. 2018- 035913. 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. Resend06-27-18;04:92PM; PMW Operatioss ; sys ase oe ae ) ep Semen UNIVERSITY of oe aa 910334 UF |FLORIDA sro Callge of Meine nd sat couont/ sex. Gace. 5 bog Labcouey : rinisH__/__ race__/O June 27, 2018 Mr. Robert Ehrhardt, Director Division of ParsMutuet Wagering Department of Business and Professional Reguiation 2601 Biaie Stone Road Taliahasssa, FL 92309-1037 LICENSE NUMBER RE Besnort of Positive Resutt Seer TATTOO NUMBER isos Sample 810834 haa been analyzadg hy liquid chromatography-tandem = RL-252-01 te contain the following: caffeine found in serum caffeine (a central nervous system stimuiant and class 2 drug) - the concentration of cafigine is 9,577 up/mL. theobromine found in aerum theobromine (a dluretcfemaoth muscia imran and class 4 drug) - the concentration of theobromine ie 404 theophyiline found In serum ‘theephyilina {a bronchodilator/smooth muscle ralaxent and class 3 drug} - tha concentration of theophyhine is 406 ee ES ig Nac Laboratory Number Specimen Final Weight Seal ‘Tropical Park 0603/2018 QeOSR018 Collacted From Date Cofected Date Received Pursuant to Chapter §50.2415 (1), F.5., the public disclosure of the information contalned In this Report of Positive Result is authorized on or after 07/06/2016, or upon commencement of administrative action, whichever ocours first. David M, Tiffany, FAORC Brooks Nelson Chamist Sv Chemist lil once soasans ee atte Contfionte # AT-AG42 Page 1 ol se218 The Foundation for The Gator Nation (An Squal Oppastunity Inariucion EXHIBIT A IU" 185 U4 4PM: PA On eat Heer ome SMS ~—-G 10262 UF GHIA Por ike Gack College of Medicina COLOR sexe naz Department of Pethology, Immunology and Laboratory Me egy 2 __ pace \ mane TRACK. S a eee a aided SAMPLED BY sikse Zepmenn Mr, Robert Ehrharat, Direator SAMPLED BY ——————¢99§ Division of Pani-Mutue! Wagering x { 2 Department of Business and Professional Regulation STATE 2601 Blair Stone Road x mer Tallahassee, FL 32399-1037 OWNER’S RE; Satnple 910262 has been analyzed Ghomatographytander ip contain th foboning _ LICENSE NUMBER enartol Bests Fas, TATTOO wwe RLS TCS RL.252-01 taffaina found in serum tafielne (a central nervous syetem stimulant-and class 2 drug) - the concentration of caffeine Is 1.449 uo/mL. theophytiine found in aarum theophyhine (a bronchodilator/smooth muscle relaxant and class $ drug) - the coneentration of theophyline Is 62 1048044-FHB Hores Serra thd g INTACT Laboratory Number Specynen Final Weight Seal Tropical Park 05/31/2018 og/0a/2018 Coltected From Date Collected Date Received Pursuant to Chapter 550.2616 (1), F.S., the public disclosure of the Information contained in this Report ot Posie Result authorized on or ater 07/1/2018, of upon commencement of administrative action, whichever occurs ‘ Dawid M. Tiffany, FAORC Brooks Nelson Chemist IV ‘Chemist lil isonee wuss ase Aelia = Page 1 of 1 194 The Foundation far The Gator Nation ‘An Bqual Opportunity tnatinatios EXHIBIT B

Docket for Case No: 18-004758PL