FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 12/28/2018 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 No. 2018-059821 vs. JUAN ANDRES RODRIGUEZ, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (‘“Petitioner” or “Division”), files this Administrative Complaint against Juan Andres Rodriguez (“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 Individual Occupational License, number 7568465-1021, issued by the Division. 3. Atall times material hereto, Respondent was the trainer of record of the racing horse “ZARABANDA” with tattoo number “S02176.” 4. On October 31, 2018, “ZARABANDA” participated in the fourth race of the afternoon performance at Calder Race Course, Inc. performed by Gulfstream Park (“the fourth race”). Page | of 5 5. Calder Race Course, Inc. and Gulfstream Park are operated by one or more permitholders authorized to conduct pari-mutuel wagering in this state under chapter 550, Florida Statutes. 6. “ZARABANDA” finished in second place in the fourth race. 7. On October 31, 2018, a Division employee collected blood serum sample number 912566 from “ZARABANDA.” 8. Blood serum sample number 912566 was processed and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 9. The lab tested blood serum sample number 912566 and found that it contained flunixin and phenylbutazone, which are anti-inflammatories and classified as Penalty Class “C” pursuant to the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International, Inc. 10. Flunixin was detected at a secondary blood serum concentration of 16.44 +/- 0.26 ng/mL in blood sample number 912566. 11. Phenylbutazone was detected at a secondary blood serum concentration of 1.459 +/- 0.05 ng/mL in blood serum sample number 912566. 12. Pursuant to section 550.2415(1)(a), Florida Statutes (2018): 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. 13. According to rule 61D-6.008(3)(a), Florida Administrative Code (2018), flunixin detected at a secondary blood serum concentration greater than 3 ng/mL is prohibited. Page 2 of 5 14. According to rule 61D-6.008(3)(c), Florida Administrative Code, phenylbutazone detected at a secondary blood serum concentration greater than 0.3 pg/mL is prohibited. 15. 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.” 16. Rule 61D-6.002(1), Florida Administrative Code, provides "[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.” 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. This Administrative Complaint for DBPR Case No. 2018-059821 is signed this 28th day of December, 2018. /s/ James A. Lewis Lf 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 Tallahassee, Florida 32399-2202 Telephone: (850)-717-1585 Facsimile: (850) 921-1311 Page 3 of 5 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 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. (Copy attached as Exhibit “A”). 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. Page 4 of 5 Mee-t8s01 GP PMH Ope pare SODI-1 9 1 2566 ; UNIVERSITY of UF |ELORIDA College of Medicine ~~ Department of Pathology, Immumology and Laboratory Me Racing Laboratory November 26, 2018 ‘Mr, Robert Ehrhardt, Director DMéion of Part-Mutue! Wagering Department of Business and Professional Regulation RE: Banodt of Positive Resut Sample 912566 has liquid chromatography-tandem 7 Sample 9°25 25 been analyaad Dy lq flunidn found in sesum flunbdn (an antl-Infiammatory; analgesic and class 4 drug) - the concentration of fiunixin is 18.44 +/- 0.26 ng/mL. Phenylbutazone found in serum prn{ ttazone (en anttinfgmmatary and class 4 Grug}- the Concentration of phamytnsAazone i 1 AGG #/- 0.05 088858-FHB Horse Serum 1299 INFACT Laboratory Number Specimen Final Weight Seal Calder Race Course 10/31/2018 11/0872018 Collected From Date Collected . Date Received eg Puteuart to Craptor 550-2416 (1), FS. the public disclosure of the information contained in this Report of Postive Recut is authorized on of after 12/05/2018, or upon commencement of administrative action, whichever ocours first. _= Margarat ing, FAQRG David M. Titany, FAORC Associate Director Chemi a ae lien “Smee | Page tof 1949 The Foundation for The Gator Nation ‘An Bepust Oppornanity Ieaitution EXHIBIT A Page 5 of 5

Docket for Case No: 20-002552PL