Jan 13 2010 11:24 @l/1a/2818 11:15 8589211311 DEPR OGG PM PAGE 16/22 Daputy Agency Clerk Brandon Nichols 9/16/2009 STATE OF FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CASE NO, 2009035365 v. 2009038126 ROBERT ROSS, Respondent, / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering ("Division"), files this Administrative Complaint against Robert Ross ("Respondent"), and alleges as follows: 1, 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 trainer/ Greyhound license, number 1403827-1021, issued by the Division. 3, At all times material hereto, Respondent worked at the Naples - Fort Myers Greyhound Track facility. 4, Naples = Fort Myers Greyhound Track isa facility operated by a permitholder authorized to conduct pari-mutue) wagering in this state. @1/13/ 2818 Jan 13 2010 11:24 11:15 8589211311 DEPR OGG PM PAGE 5. Rule 61D-6,002(1), Florida Administrative Code, provides, "[t}he trainer of record shall be responsible for and he the absolute insurer of the condition of the... racing greyhounds he/she enters to race." 6 Section 350.2415(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.” 7. Dimethy! Sulfoxide is an anti-inflammatory and a Class Five drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. COUNT I 8. Petitioner realleges and incorporates paragraphs one (1) through seven (7) as if fully stated herein. 9. At all times material hereto, Respondent was the trainer of record for the greyhound “GREASY THUMB.” 10. Respondent was the trainer of record and the absolute insurer of the condition ofa greyhound named “GREASY THUMB” on June 2, 2009. ll. On June 2, 2009, “GREASY THUMB” was entered ‘in the eleventh race at Naples — Fort Myers Greyhound Track. 12, Prior to the start of the eleventh race, “GREASY THUMB” was selected for pre- race testing. “GREASY THUMB” was immediately sent to a Division employee for the taking of a urine sample, 13, Urine sample number 507548 was collected from “GREASY THUMB” and was processed in accordance with established procedures and forwarded to the lab for analysis, 17/22 61/13/2818 Jan 13 2010 11:24 11:15 8589211311 DEPR OGG PM PAGE 14. The University of Florida Racing Laboratory tested urine sample number 507548, and found that it contained Dimethyl Sulfoxide, an anti-inflammatory and a Class Five drug, ina quantity of approximately 300 micrograms per milliliter, These results were issued to the Division in a report dated July 2, 2009. COUNT IT 5, Petitioner realleges and incorporates paragraphs one (1) through seven (7) as if fully stated herein. 6. — At all times material hereto, Respondent was the trainer of record for the greyhound “KB’S HIGHTOP.” 7. Respondent was the trainer of record and the absolute insurer of the condition of a greyhound named “KB’S HIGHTOP” on June 14, 2009. & On June 14,2009, “KB’S HIGHTOP” was entered in the eleventh race at Naples ~ Fort Myers Greyhound Track, 9. Prior to the start of the eleventh race, “KB’S HIGHTOP” was selected for pre- race testing. “KB’S HIGHTOP” was immediately sent to a Division employee for the taking of a urine sample, 20. Urine sample number 507978 was collected from “KB’S HIGHTOP” and was processed in accordance with established procedures and forwarded to the lab for analysis. @l. The University of Florida Racing Laboratory tested urine sample number 507978, and found that it contained Dimethyl Sulfoxide, an anti-inflammatory and a Class Five drug, These results were issued to the Division in a report dated July 17, 2009. 22, Rule 61D-6,011(2), Florida Administrative Code, provides as follows! / (2) Pursuant to Rule 6] D-6.002, F.A.C., the trainer of record is the absolute ingurer of the condition of an animal he or she enters to race, Consequently, when evidence of the presence of ‘ 18/22 @1/13/ 2818 11:15 8589211311 DEPR OGG PM Jan 13 2010 11:24 PAGE an impermissible substance, or substances, is presented either to the Division or to a panel of stewards or judges, the division or the stewards or judges, absent aggravating or mitigating circumstances, must impose on the trainer of record one or more of the following penalties in accordance with the class of impermissible substance. Provided, however, that any discipline imposed by the stewards or judges shall not exceed their authority pursuant to Section 550.1155, FS. (a) Class I impermissible substances: 1, First violation 2. Any subsequent violation (b) Class I] impermissible substances: 1. First violation 2. Second violation within 36 months of a previous violation 3, Third violation within 36 months of a second violation, or a fourth or any subsequent violation without regard to the time past since the third violation (c) Glass ITT impermissible substances: 1, First violation 2. Sceond violation within 12 months of a previous violation 3. Third violation within 24 months of'a second violation, or a fourth or any subsequent violation without regard to the time past since the third violation : (d)} Class IV or V impermissible substances: 1. First violation 2. Second violation in a 12 month period 3. Third or subsequent violation in 4 12 month period $500 to $1,000 fine, suspension or revocation of license; $1,000 to $3,000 fine, suspension or revocation of license. $100 to $1,000 fine, suspension of license up to 30 days; $250 to $1,000 fine, suspension or revocation of license; $300 to $1,000 fine, suspension or revocation of license. $100 to $500 fine; $250 to $750 fine, suspension of license up to 30 days; $500 to $1,000 fine, suspension of license up to 60 days. Reprimand, $100 to $250 fine; $230 to $500 fine; $500 to $1,000 fine, suspension of license up to 30 days. 23. Based on the foregoing, Respondent is responsible for a violation of Section 559,2415(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 19/22 Jan 13 2010 11:24 @l/1a/2818 11:15 8589211311 DEPR OGG PM PAGE 28/22 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 against the Respondent as specified in Section 550.2415(3)(a), Florida Statutes and Rule 61D-6.011(2), Florida Administrative Code, including revoke or suspend the license or permit of the violator or deny a license or permit of the violator; impose a fine against the violator for each count in an amount not exceeding 35,000; require the full or partial return of the purse, sweepstakes, and trophy of each race at issue; or impose against the violator any rembnatny such penalties. Signed this 2 day of | ptember, 2009. : HM. HELTON, JR. tida Bar No, 0879622 Chief Attorney Division of Pari-Mutuel Wagering Department of Business & Professional Regulation Northwood Center 1940 North Monroe Street, Suite 40 Tallahassee, Florida 32399-2202 é Copy furnished to: David N, Perry, Assistant General Counsel 61/13/2818 Jan 13 2010 11:25 11:15 8589211311 DEPR OGG PM PAGE VE COMPLAINT ELE n_OF RIGHTS Licensce: Ross, Robert Case No. 2009035365 2009038126 Thave read the Admitustratrve Complamt and Explanation of Rights im this matter, and elect as follows: 1. () I do not dispute the matertal facts alleged mn the Administrative Complaint but do wish to appear before the Division of Par-Mutuel Wagering to bo heard on the conclusions of law and the tssue af penalty. I, therefore request a hearing not involving disputed tssues of matena! fact, pursuant to Seetion 120 57(2), Florida Statutes [understand that at the hearing I will not be allawed to deny the facts alleged in the Admmustrattve Complaint, but will only be permuted to submit written and/or oral evidence in titigation of the charges in the Admimstrative Complaint or explain why the facts alleged do not amount to a violation of law. 2 () I do dispute the matenal facts alleged in the Admmmstrative Complaint and request that this be considered a petition for a hearing involving disputed issues of maternal fact before an admmunistrative law judge with the Division of Administrative Hearings, pursuant to Section 120°57(1), Florida Stetufes, If you select this option, please state below which specific facts you dispute (Use the back of this sheet if needed.) 3 () { waive my night to obyect or be heard concemmng this case. Tho Division of Pari-Mutuel Wagering may do a it secs fit concemmng this matter Please be advised, purguant te Section 120 573, Florida Stanites, mediation 13 not avatlabte for this type of agency action. THIS T§ A LEGALLY BINDING DOCUMENT, JF YOU DO NOT FULLY UNDERSTAND THE TERMS OF THIS DOCUMENT, YOU SHOULD SEEK LEGAL ADVICE BEFORE SIGNING, MUST BE SIGNED AND NOTARIZED. Narne (Signature) Marling Address (if different) Name (Printed) City State Zp Street Address Guy State Zip Respondent's daytime phone number STATE OF FLORIDA COUNTY OF The foregomg was acknowledged before me this day of , 2009, by. personally known to me or who haa produced as identification. Notary Public My Commission Expires: (Notary Seal} PLEASE MAIL FORM TO: MARY POLOMBO, Division Clerk Division of Pari-Mutuel Wagering Northwood Gentre 1940 North Monroe Street Tallahassea, Florida 32399-1035 21/22 @1/13/ 2818 Jan 13 2010 11:25 11:15 8589211311 DEPR OGG PM STATE OF FLORIDA. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION EXPLANATION OF RIGHTS In response to the allegations set forth in the Administrative Complaint issued by the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, you should make one of the following elections within twenty-one (21) days from the day of receipt of the Administrative Complaint. Please make your election on the attached Election of Rights form and return it fully executed to the address listed on the form. . 1. If you do not dispute any of the material facts alleged in the Administrative Complaint, you may request a hearing not involving disputed issues of material fact pursuant to Section 120,57(2), Florida Starutes, before the Division of Pari-Mutuel Wagering. At the hearing, you will be given an opportunity to present both written and oral evidence in mitigation. A request for a hearing not involving disputed issues of material fact in this matter should be directed to the Division of Pari-Mutuel Wagering by checking the appropriate space, marked as 1, on the Election of Rights form and retuming same to this office within twenty-one (21) days of your receipt of the Administrative Complaint. 2. If the allegations set forth in the Administrative Complaint contain any disputed issucs of material fact, you may request a hearing involving disputed issues of material fact with the Division of Administrative Hearings of the Department of Management Services pursuant to Section 120.57(1), Florida Statutes, by checking the appropriate space, marked as 2, on the Election of Rights form and returning same to this office within twenty-one (21) days of your receipt of the Administrative Complaint, 3. Ifyou wish to waive your right to object or be heard in this matter, you may do so by checking the appropriate space marked as 3, on the Election of Rights form and returning same to this office within twenty-one (21) days of your receipt of the Administrative Complaint. In the event that you fail to make an election in this matter within twenty-one (21) days from receipt of the Administrative Complaint, your failure may be considered a waiver of your right to elect the forum, and the Division of Pari-Mutuel Wagering may proceed to hear any and all evidence that may be presented to it in disposing of your case, You must keep the Division of Pari-Mutuel Wagering informed as to your current mailing address. Failure to do so may be considered a waiver of your right to'a hearing. PAGE 22/22

Docket for Case No: 10-000191PL