FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 5/6/2019 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, Vv. DBPR Case No.: 2019-016832 ROY S. LERMAN, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (‘Petitioner’), files this Administrative Complaint against Roy S. Lerman (‘Respondent”), and alleges: 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 Professional Individual Occupational License, number 2009607-1021, issued by Petitioner. 3, Tampa Bay Downs is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under chapter 550, Florida Statutes. 4. At all times material hereto, Respondent was the trainer of record for the racing horse “Bertie Mee,” with tattoo number T11964. 5. On or about, March 31, 2019, at approximately 9:30 A.M., “Bertie Mee” died while boarded on the grounds of Tampa Bay Downs. 6. On or about April 1, 2019, at approximately 10:11 A.M., Respondent notified Petitioner of the death of “Bertie Mee.” 7. Rule 61D-2.023(7)(c), Florida Administrative Code, provides, in pertinent part, that a horseracing trainer shall ensure that the “division is notified within 18 hours of the death of any racehorse that occurred on the grounds ofa horse track or training facility.” 8. Based on the foregoing, Respondent violated Rule 61D-2.023(7)(c), Florida Administrative Code, by failng to notify Petitioner within 18 hours of the death of “Bertie Mee” occurring on the grounds of Tampa Bay Downs on or about, March 31, 2019. WHEREFORE, Petitioner respectfully requests the Division Director enter an Order imposing against Respondent one or more of the penalties the Division is authorized to impose pursuant to chapter 550, Florida Statutes, and/or the rules promulgated thereunder. This Administrative Complamt for DBPR Case Number 2019-016832 is signed this 2nd day of May, 2019. /sf Jett Baumann /s{ Megan S. Silver JETT BAUMANN MEGAN S. SILVER Assistant General Counsel Chief Attorney Florida Bar No. 122159 Florida Bar No. 115518 Jett. Baumann@MyF loridaLicense.com Megan.Silver@MyF loridaLicense.com Office of the General Counsel Division of Pari-Mutuel Wagermg Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, Florida 32399-2202 Telephone: (850)-717-1585 Facsimile: (850) 921-1311 2019-016832 Page 2 of 3 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, Florida Administrative Code, you must request a hearing withn 21 days from receipt of this Notice, or you will waive your right to request a hearing. Mediation under section 120.573, Florida Statutes, is not available to resolve _ this Administrative Complaint. 2019-016832 Page 3 of 3

Docket for Case No: 19-003211PL