FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 6/11/2018 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, v. DBPR Case No. 2018-001104 REYNOLDS SUAREZ, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”) files this Administrative Complaint against Reynolds Suarez (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating pari-mutuel wagering, slot machine operations, and cardroom gaming pursuant to chapters 550, 551, and section 849.086, Florida Statutes. 2. At all times material hereto, Respondent was a patron of Hialeah Park Racing and Casino (“Hialeah”). 3. Hialeah is a facility operated by a permitholder authorized to conduct pari-mutuel wagering, operate a cardroom, and offer slot machine gaming by the Petitioner in accordance with chapters 550, 551, and section 849.086, Florida Statutes. 4. On or about December 28, 2017, Respondent was observed attempting to manipulate slot machine A29-01 (‘the slot machine”) by methodically alternating between Page | of 4 placing a cellular telephone on the slot machine, with its screen side down, while pressing the slot machine’s “play” button and thereupon removing the cellular telephone to inspect its screen approximately six (6) times. 5. On or about December 29, 2017, Respondent was permanently trespassed by Hialeah. 6. Section 551.109(4), Florida Statutes, states “[a]ny person who manipulates or attempts to manipulate the outcome, payoff, or operation of a slot machine by physical tampering or by use of any object, instrument, or device, whether mechanical, electrical, magnetic, or involving other means, commits a felony in the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.083.” 7. Section 551.112, Florida Statutes, provides in full: In addition to the power to exclude certain persons from any facility of a slot machine licensee in this state, the division may exclude any person from any facility of a slot machine licensee in this state for conduct that would constitute, if the person were a licensee, a violation of this chapter or the rules of the division. The division may exclude from any facility of a slot machine licensee any person who has been ejected from a facility of a slot machine licensee in this state or who has been excluded from any facility of a slot machine licensee or gaming facility in another state by the governmental department, agency, commission, or authority exercising regulatory jurisdiction over the gaming in such other state. This section does not abrogate the common law right of a slot machine licensee to exclude a patron absolutely in this state. (emphasis added). COUNT I 8. Petitioner hereby realleges and incorporates the allegations contained in paragraphs one through seven as though fully set forth herein. 9. Based on the foregoing, Respondent is subject to exclusion from all licensed slot machine facilities in this state for manipulating or attempting to manipulate the outcome, payoff, Page 2 of 4 or operation of a slot machine by physical tampering or by use of any object, instrument, or device at Hialeah on or about December 28, 2017. COUNT II 10. Petitioner hereby realleges and incorporates the allegations contained in paragraphs one through seven as though fully set forth herein. 11. Based on the foregoing, Respondent is subject to exclusion from all licensed slot machine facilities in this state based on his ejection from Hialeah occurring on or about December 29, 2017. COUNT III 12. Petitioner hereby realleges and incorporates the allegations contained in paragraphs one through five as though fully set forth herein. 13. Section 550.0251(6), Florida States, states in pertinent part that: In addition to the power to exclude certain persons from any facility in the state, the division may exclude any person from any and all pari-mutuel facilities in this state for conduct that would constitute, if the person were a licensee, a violation of this chapter or the rules of the division. The division may exclude from any pari-mutuel facility within this state any person who has been ejected from _a_pari-mutuel facility in this state or who has been excluded from any pari-mutuel facility in another state by the governmental department, agency, commission, or authority exercising regulatory jurisdiction over pari-mutuel facilities in such other state. (emphasis supplied). 14. Based on the foregoing, Respondent is subject to exclusion from all pari-mutuel facilities licensed in this state based on his ejectment from Hialeah on or about December 29, 2017. Page 3 of 4 WHEREFORE, Petitioner respectfully requests the Division Director enter an Order permanently excluding Respondent from all licensed pari-mutuel and slot machine facilities in the state along with any other penalties authorized by chapters 550, 551, and/or section 849.086, Florida Statutes, and/or the rules promulgated thereunder. Signed this 7th day of June, 2018. /s/ James A. Lewts /s/ Louis Trombetta JAMES A. LEWIS LOUIS TROMBETTA Assistant General Counsel Chief Attorney Florida Bar No. 1002349 Florida Bar No. 0108119 James.Lewis@MyFloridaLicense.com 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 RIGHTS TO REQUEST A HEARING Pursuant to sections 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(4), 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. Page 4 of 4

Docket for Case No: 18-005920