STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING Petitioner, vs. Case No. 2006014381 KERRY P, ZAVASH, Respondent. / ADMINISTRATIVE COMPLAINT Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (Division), files this Administrative Complaint against Kerry P. Zavash, (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. . Atall times material hereto, Respondent held a pari-mutuel wagering occupational license, number 508826-1021, issued by the Division. 3. At all times material hereto, Respondent was employed as the Trainer-of- Record for WITCH’S GOLD at Gulfstream Park. 4. On or about March 15, 2006, Gulfstream Security observed Respondent and an unidentified groom entering stall 16, in Bam #7, where the horse, WITCH’S GOLD was stabled. 5. Respondent exited the stall and.headed toward the tack room. Security Guard Joe DiGiovanni, Director of Security, Rick Buhrmaster, and Security Guard, Cliff 86/Se8 Fd MWe 350 Ada TTETT26858 8e:TT 8662 /6T/Sa Of:TT soz 6. Fey Wardlow approached Respondent. Joe DiGiovanni asked the Respondent if he had any weapons or drugs in the tack room. Respondent replied in the negative. Mr. DiGiovanni requested the Respondent to empty his pockets. Respondent at first refused, and then reconsidered after a warning of track expulsion for himself and his horses. Respondent then removed a syringe from his right pant pocket, handing the syringe to DiGiovanni admitting using the syringe to inject WITCH’S GOLD with Salix two (2) hours prior to the 5" race post time. 6. Security proceeded to search Respondents truck and recovered a second, full syringe from the interior of the truck. 7, On March 16, 2006, both syringes were sent to the University of Florida Laboratories for testing. The empty syringe that was used by the Respondent to inject his horse once contained Lasix/Salix, The full syringe that had been found in the Respondent’s truck, contained a substance used to treat joint pain, known as Adequan. Neither are prohibited substances. 8. On March 17, 2006, Respondent was ejected and barred from Gulfstream Park and was informed he had until March 21, 2006 to transport his horses off the premises. 9. Rule 61D-6.004(2)(a), Florida Administrative Code, states that: No licensee within the grounds of a racing permitholder where racing animals are lodged or kept shall have in or upon the premises which that person occupies or has the right to occupy, or in that licensee’s personal property or effects, the following: 1, Legend drugs dispensed without a valid prescription; 2. Any hypodermic needle, injectable vial, syringe capable of accepting a hypodermic needle or which may accept a volume 2 86/98 Fd MWe 350 Ada TTETT26858 8e:TT 8662 /6T/Sa Of:TT 800% 6T fey greater than 6 ounces, tube device for naso-gastric or gastric intubation. 10, Section 550.2415(8) Florida Statutes, states in pertinent part that: Under no circumstances may any medication be administered closer than 24 hours prior to the officially scheduled post time of a race except as provided for in this section. li. Section 500.105(5)(6), Florida Statutes, states in pertinent part that: The division may deny, suspend, revoke, or declare ineligible any occupational license if the applicant for or holder thereof has violated the Provisions of this chapter or the rules of the division governing the conduct of persons connected with racetracks and frontons. 12, Section 550.0251(6), Florida Statutes, states in pertinent part that: In addition to the power to exclude certain persons from any pari-mutuel facility in this state, the division may exclude any person from any and all pari-mutuel facilities in this state for conduct that would constitute, if the person were a licensee, a violation of this chapter or the rules of the division. . WHEREFORE, Petitioner respectfully requests the Division enter an Order suspending or revoking Respondent's occupational license pursuant to Section 550.105(5)(b), Florida Statutes, and an order declaring the Respondent ineligible for an occupational license, and imposing a fine not to exceed $1,000 for each violation, including each syringe and hypodermic needle attached. Ba/AB Fovd 3 MAd O80 add TTETTC6093 8a:1T Of:TT 800% 6T fey Babs /6T SSH sh ; Signed this /~ dayot_Cetr 7 2007. i M. Helton, Jr. ief Attorney 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: , E 0 \ yon Respondent ~ Cert. Mail/Return Receipt tot rh and ie _ Raq Departmen ¢ Office of Operation/Licensing Section : . Office of Investigations Pyare CLERK - 90) Charles T. Collette, Assistant General Counsel TE ~\ DATE 4 86/88 Fd MWe 350 Ada TTETT26858 8e:TT 8662 /6T/Sa TS:TT 8002 6T Fey

Docket for Case No: 08-002396PL