STATE OF FLORIDA yy oe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION “uk 77) DIVISION OF PARI-MUTUEL WAGERING DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING Petitioner, - (3. 204PL- VS. Case No. 2002011439 2002015227 ERIC J, ALDER, 2002015230 2002015232 Respondent. 2003002599 / 2003002798 ADMINISTRATIVE COMPLAINT Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (hereinafter "Division", files this Administrative Complaint against Eric J. Alder (hereinafter "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 1662404-1021, 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." COUNT I 4. Petitioner realleges and incorporates paragraphs one (1) through three (3) as if fully stated herein. 5. Respondent was the trainer of record of a racing greyhound named “RAPIDO CHICAGO” on September 6, 2002. 6. On September 6, 2002, “RAPIDO CHICAGO” was entered in the sixth race of the evening performance at Orange Park Kennel Club. 7. Orange Park Kennel Club, Inc., is a facility authorized to conduct pari-mutuel wagering in this state. 8. “RAPIDO CHICAGO” finished first in the sixth race of the evening performance at Orange Park Kennel Club on September 6, 2002. 9. “RAPIDO CHICAGO” was immediately thereafter sent to a Division employee for the taking of a urine sample. 10. Urine sample number 893849 was collected from “RAPIDO CHICAGO” and was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory for analysis. 11. The University of Florida Racing Laboratory tested urine sample number 893849, and found it to contain Benzoylecgonine, a metabolite of cocaine, and/or a derivative thereof. 12. 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. 13. 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.” 14. Cocaine, and/or derivatives thereof are impermissible substances, that were carried in the body of “RAPIDO CHICAGO” while participating in the sixth race of the evening performance at Orange Park Kennel Club on September 6, 2002. COUNT II 15. Petitioner realleges and incorporates paragraphs one (1) through three (3) as if fully stated herein. 16. Respondent was the trainer of record of a racing greyhound named “RAPIDO IDEA” on November 17, 2002. 17. On November 17, 2002, “RAPJDO IDEA” was entered in the thirteenth race of the afternoon performance at Orange Park Kennel Club. 18. Orange Park Kennel Club, Inc., is a facility authorized to conduct pari-mutuel wagering in this state. 19. “RAPIDO IDEA” finished first in the thirteenth race of the afternoon performance at Orange Park Kennel Club on November 17, 2002. 20. “RAPIDO IDEA” was immediately thereafter sent to a Division employee for the taking of a urine sample. 21. Urine sample number 909665 was collected from “RAPIDO IDEA” and was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory for analysis. 22. The University of Florida Racing Laboratory tested urine sample number 909665, and found it to contain Benzoylecgonine and Ecgonine Methyl Ester, metabolites of cocaine, and/or derivatives thereof. 23. 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. 24. 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.” 25. Cocaine, and/or derivatives thereof are impermissible substances, that were carried in the body of “RAPIDO IDEA” while participating in the thirteenth race of the afternoon performance at Orange Park Kennel Club on November 17, 2002. COUNT il 26. Petitioner realleges and incorporates paragraphs one (1) through three (3) as if fully stated herein. 27. Respondent was the trainer of record of a racing greyhound named “RAPIDO WHO” on November 17, 2002. 28. On November 17, 2002, “RAPIDO WHO” was entered in the fifteenth race of the aftemoon performance at Orange Park Kennel Club. 29. Orange Park Kennel Club, Inc., is a facility authorized to conduct pari-mutuel wagering in this state. 30. | “RAPIDO WHO” finished first in the fifteenth race of the afternoon performance at Orange Park Kennel Club on November 17, 2002. 31. | “RAPIDO WHO” was immediately thereafter sent to a Division employee for the taking of a urine sample. 32. Urine sample number 909667 was collected from “RAPIDO WHO” and was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory for analysis. 33. The University of Florida Racing Laboratory tested urine sample number 909667, and found it to Benzoylecgonine and Ecgonine Methyl Ester, metabolites of cocaine, and/or derivatives thereof. 34. 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. 35. 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.” 36. Cocaine, and/or derivatives thereof are impermissible substances, that were carried in the body of “RAPIDO WHO” while participating in the fifteenth race of the afternoon performance at Orange Park Kennel Club on November 17, 2002. COUNT IV 37. Petitioner realleges and incorporates paragraphs one (1) through three (3) as if fully stated herein. 38. Respondent was the trainer of record of a racing greyhound named “RAPIDO DANICA” on November 21, 2002. 39. On November 21, 2002, “RAPIDO DANICA” was entered in the eleventh race of the evening performance at Orange Park Kennel Club. 40. Orange Park Kennel Club, Inc., is a facility authorized to conduct pari-mutuel wagering in this state. 41. | “RAPIDO DANICA” finished third in the eleventh race of the evening performance at Orange Park Kennel Club on November 21, 2002. 42. “RAPIDO DANICA” was immediately thereafter sent to a Division employee for the taking of a urine sample. 43. Urine sample number 909395 was collected from “RAPIDO DANICA” and was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory for analysis. 44, The University of Florida Racing Laboratory tested urine sample number 909395, and found it to contain Benzoylecgonine, a metabolite of cocaine, and/or a derivative thereof. 45. Cocaine is a topical anesthetic and a Class ] drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners International. 46. 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.” 47. Cocaine, and/or derivatives thereof are impermissible substances, that were carried in the body of “RAPIDO DANICA” while participating in the eleventh race of the evening performance at Orange Park Kennel Club on November 21, 2002. COUNT V 48. Petitioner realleges and incorporates paragraphs one (1) through three (3) as if fully stated herein. 49. Respondent was the trainer of record of a racing greyhound named “RAPIDO TANGIE” on December 29, 2002. 50. On December 29, 2002, “RAPIDO TANGIE” was entered in the first race of the afternoon performance at Orange Park Kennel Club. 51. Orange Park Kennel Club, Inc., is a facility authorized to conduct pari-mutuel wagering in this state. 52. “RAPIDO TANGIE” finished first in the first race of the afternoon performance at Orange Park Kennel Club on December 29, 2002. 53. “RAPIDO TANGIE” was immediately thereafter sent to a Division employee for the taking of a urine sample. 54. Urine sample number 910384 was collected from “RAPIDO TANGIE” and was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory for analysis. 55. The University of Florida Racing Laboratory tested urine sample number 910384, and found it to contain Benzoylecgonine, a metabolite of cocaine, and/or a derivative thereof. 56. 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. 57. 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.” 58. Cocaine, and/or derivatives thereof are impermissible substances, that were carried in the body of “RAPIDO TANGIE” while participating in the first race of the afternoon performance at Orange Park Kennel Club on December 29, 2002. COUNT VI 59. Petitioner realleges and incorporates paragraphs one (1) through three (3) as if fully stated herein. 60. | Respondent was the trainer of record of a racing greyhound named “RAPIDO HERA” on December 28, 2002. 61. On December 28, 2002, “RAPIDO HERA” was entered in the fifteenth race of the evening performance at Orange Park Kennel Club. 62. Orange Park Kennel Club, Inc., is a facility authorized to conduct pari-mutuel wagering in this state. 63. “RAPIDO HERA” finished third in the fifteenth race of the afternoon performance at Orange Park Kennel Club on December 28, 2002. 64. “RAPIDO HERA” was immediately thereafter sent to a Division employee for the taking of a urine sample. 65. Urine sample number 948352 was collected from “RAPIDO HERA” and was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory for analysis. 66. The University of Florida Racing Laboratory tested urine sample number 948352, and found it to contain Benzoylecgonine, a metabolite of cocaine, and/or a derivative thereof. 67. 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. 68. 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.” 69. Cocaine, and/or derivatives thereof are impermissible substances, that were carried in the body of “RAPIDO HERA” while participating in the fifteenth race of the afternoon performance at Orange Park Kennel Club on December 28, 2002. 70. 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. ( Signed this yt day of Mar § , 2003. Division of Pari-Mutuel Wagering Florida Bar Number: 879622 Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399-2202 Copies furnished to: Office of Operations F | if F Licensing Section . Department of Business and Professional Regulation Investigations Section AGENCY CLERK cite Sopwhr £- Werden om DATE, 10

Docket for Case No: 03-002020PL