- * STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIOW: DIVISION OF PARI-MUTUEL WAGE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING Petitioner, VS. Case No. 2003002612 >I TPC. LYNN N. JOURNIGAN, JR. © bI7PC Respondent. / ADMINISTRATIVE COMPLAINT Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (Division), files this Administrative Complaint against Lynn N. Journigan, Jr. (Respondent), and alleges as follows: 1. The Division 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 occupational license, number 1202505-1021, 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 racing greyhounds, he/she enters to race." 4. Respondent was the trainer of record of a racing greyhound named “ICU Brat” on January 14, 2003. 5. On January 14, 2003, “ICU Brat” was entered in the eleventh race of the evening performance at the Naples-Ft. Myers Greyhound Track. 6. Naples-Ft. Myers Greyhound Track, Inc., is a facility authorized to conduct pari-mutuel wagering in this state. 7. “ICU Brat” finished second in the eleventh race of the evening performance at the Naples-Ft. Myers Greyhound Track on January 14, 2003. 8. “ICU Brat” was immediately thereafter sent to a Division employee for the taking of a urine sample. 9. Urine sample number 947973 was collected from “ICU Brat” and was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory for analysis. . 10. The University of Florida Racing Laboratory tested urine sample number 947973, and found it to contain Benzoylecgonine, a metabolite of Cocaine, and/or a derivative thereof. 11. Cocaine is a topical anesthetic and a Class 1 drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners International. 12. Section 550.2415(1)(c), Florida Statutes, states “[t]he finding ofa 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.” 13. Cocaine, and/or derivatives thereof, are impermissible substances that were carried in the body of “ICU Brat” while participating in the eleventh race of the evening performance at the Naples-Ft. Myers Greyhound Track, January 14, 2003. 14. Based on the foregoing, Respondent has violated Section 550.2415(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 immediately 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 return of the purse, sweepstakes, and trophy of the race at issue; or impose against the violator any combination of such penalties. t Signed this Z ‘ day of Hoe [ , 2003, E De Regulation CA — 5 at Pprotes papa oT uy CLERK JosephM. Helton, Jr. Chief Attorney {MV Sich oa Division of Pari-Mutuel Wagering Prag Florida Bar Number: 879622 overt "Ol 200> Department of Business and we AS Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399-2202 Copies furnished to: Office of Operations Licensing Section Investigations Section PMW Legal Section

Docket for Case No: 03-001617PL