Kim “Bi. A ask, STATE OF FLORIDA FILED DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING 00 UN 21 PM 3:9) DEPARTMENT OF BUSINESS AND Agni ia ON OF PROFESSIONAL REGULATION, HEARIN au! VE DIVISION OF PARI-MUTUEL WAGERING s Petitioner, vs Case No. 00020173 FRANK PASSERO, 00-2 S f L Respondent. a | ADMINISTRATIVE COMPLAINT Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (hereinafter *Petitioner"), files this Administrative Complaint against FRANK PASSERO (hereinafter "Respondent"), and says: 1, Petitioner is the state agency charged with regulating the practice of pari-mutuel wagering, pursuant to Section 20.165, Florida Statutes, and Chapter 550, Florida Statutes. 2. At all times material hereto, Respondent held an Unrestricted "U1" Professional peri-mutuel wagering occupational license, number 0748642-1081, issued by the Division. 3. 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." 4. Respondent was the trainer of record and the absolute insurer of the condition of a thoroughbred horse named “Hope In Private” on Sunday, 13 February 2000. 5. On Sunday, 13 February 2000, “Hope In Private” was entered in the fifth race of the matinee performance of Gulfstream Park Racing Association, Inc. Wo Nv 6. Gulfstream Park Racing Association, Inc., is a permitholder authorized to conduct thoroughbred racing and pari-mutuel wagering in this state. 7. Rule 61D-6.005(1), Florida Administrative Code, provides, "[t]he winner of every race and other such racing animal participants the stewards, judges, or division or track veterinarian of the meeting designate, shall be sent immediately after the race to the detention enclosure for examination by the authorized representative of the division and for the taking of ur.ne, blood or other such samples as shall be directed." 8. “Hope In Private” finished first in the fifth race of the matinee performance of Gulfstream Park Racing Association, Inc., on Sunday, 13 February 2000. 9. "Hope In Private" was immediately thereafter sent to a detention enclosure for the talcing of a urine sample. 10. Aurine sample was collected from “Hope In Private” under the circumstances described above and the sample was assigned number 611386. 11.‘ The University of Florida Racing Laboratory tested urine sample number 611386, ard found it to contain Benzoylecgonine and Ecgonine Methyl Ester and/or derivatives thereof. 12. Benzoylecgonine and Ecgonine Methyl Ester are metabolites of cocaine. 13. Cocaine is a topical anesthetic, and a Class 1 drug under the Uniform C.assification Guidelinés for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. 14. Section 550.2415(1)(a), Florida Statutes, provides, "[t]he racing of an animal with any drug, medication, stimulant, depressant, hypnotic, local anesthetic, or drug-masking agent is prohibited." WwW Nv) 15. Section 550.2415(1)(c), Florida Statutes, which provides, "[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. Benzoylecgonine, Ecgonine Methyl Ester and their metabolites are impermissible substances, which were carried in the body of "Hope In Private" while participating in the fifth race of the matinee performance of Gulfstream Park Racing Association, Inc. on Sunday, 13 February 2000. 17. Based on the foregoing Respondent has violated Section $50.241 5(1)(a), Florida Statutes, which provides, "[t]he racing of an animal with any drug, medication, stimulant, depressant, hypnotic, local anesthetic, or drug-masking agent is prohibited. It is a violation of this section for a person to administer or cause to be administered any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-masking agent to an animal which will result in a positive test for such substance based on samples taken from the animal inimediately prior to or immediately after the racing of that animal." WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing one or more of the following penalties as specified in Section 550.2415(3)(a), Florida Statutes: revoke or suspend the license or permit of the violator or deny a license or permit to the violator; impose a fine against the violator in an amount not exceeding $5,000; require the full or partial QW WS return of the purse, sweepstakes, and trophy of the race at issue; or impose against the violator ary combination of such penalties. ae Signed this Z. day of LMARCH, 2000, COUNSEL FOR DEPARTMENT: Lzon M. Biegalski Lead Attorney Forida Bar Number 0974943 Department of Business and Frofessional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399-2202 cew/LMB Case #00020173 By: . Lead Attorney FILED artment of Business and Professionat Regulation “ DEPUTY CLERK Bureau of Operations Licensing Section Bureau‘of Investigations Leon M. Biegalski, Lead Attorney

Docket for Case No: 00-002546