Jan 13 2010 11:22 11:15 8589211311 DEPR OGG PM PAGE 1la/22 FILED Department nf Bates ann Prfesrionnl Repoiation Daputy Ageney Clerk CLERK Brandon Nichols Dete 10/21/2009 Filet STATE OF FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, 4 Petitioner, ' DBPR CASE NO, 2009035365 v. 2009038126 2009041719 ROBERT ROSS, Respondent, / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pan-Mutuel Wagering ("Division"), files this Administrative Complaint against Robert Ross ("Respondent"), and alleges as follows: i. Division is the state agency charged with regulating pari-mutucl wagering, pursuant to Chapter 550, Florida Statutes. 2. At all times material hereto, Respondent held a pari-mutuel wagering traner/ Greyhound license, number 1403827-1021, issued by the Division 3. At all times maternal hereto, Respondent worked at the Naples — Fort Myers Greyhound Track facility, 4, Naples — Fort Myers Greyhound Track 1s a facility operated by a permutholder authorized to conduct pari-mutuel wagermg 1 this state. Jan 13 2010 11:22 @l/1a/2818 11:15 8589211311 DEPR OGG PM PAGE 11/22 5. Rule 61D-6.002(1), Florida Administrative Code, provides, "[t]he tramer of record shall be responsible for and be the absolute insurer of the condition of the. . racing greyhounds he/she enters to race." 6. Section 550.2415(1)(c), Flonda Statutes, states “[t]he findimg of a prohibited substance in a race-day specimen constitutes prima facie evidence that the substance was administered and was carried in the hody of the animal while partierpating m the race.” 7. Dimethyl Sulfoxide is an anti-nflammatory and a Class Five drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. COUNTI 8. Petitioner realleges and mcorporates paragraphs onc (1) through seven (7) agif fully stated herein. 9. At all times material hereto, Respondent was the trainer of record for the greyhound “GREASY THUMB.” 10. Respondent was the tramer of record and the absolute insurer of the condition of a greyhound named “GREASY THUMB” on June 2, 2009. 11. On June 2, 2009, “GREASY THUMB” was entered in the cleventh race at Naples + Fort Mycrs 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 Diviston cmployee for the taking ofa 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. Jan 13 2010 11:23 1/13/2616 11:15 8589211311 DEPR OGG PM PAGE 12/22 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 IE 15, Petitioner realleges and meorporates paragraphs one (1) through seven (7) as 1f fully stated here. 16. Atall times material hereto, Respondent was the trainer of record for the greyhound “K’B*S HIGHTOP.” 17, Respondent was the tramer of record and the absolute insurer of the condition of a greyhound named “KB’S HIGHTOP” on June 14, 2009. 18 On June 14, 2009, “IKR’S HIGHTOP” was entered im the eleventh race at Naples ~ Fort Myers Greyhound Track. 19. Prior to the start of the eleventh race, “KB’S HIGHTOP” was selected for pre- race testing. “KB’S HIGHTOP” was immedately sent to a Division employee for the taking of aurine 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. 21. The Unversity of Florida Racing Laboratory tested urme sample number 507978, and found that it contained Dunethyl Sulfoxide, an antiinflammatory and a Class Five drug These results were issued to the Division in a report dated July 17, 2009 Jan 13 2010 11:23 1/13/2616 11:15 8589211311 DEPR OGG PM PAGE 13/22 COUNT It 22, Petitioner realleges and mcorporates paragraphs one (L) through seven (7) as if fully stated herem. 23, Atall times material hereto, Respondent was the tramer of record for the preyhound “SCATILLAC DAMARA.” 24. Respondent was the tramer of record and the absolute msurer of the condition of a greyhound named “SCATILLAC DAMARA” on July 7 2009 25, OnJuly 1, 2009, “SCATILLAC DAMARA” was entered in the eleventh race at Naples — Fort Myers Greyhound Track, 26. Prior to the start of the cleventh race, “SCATILLAC DAMARA" was selected for pre-race testing. “SCATILLAC DAMARA” was immediately sent to a Division employee for the taking ofa urine sample. 27.‘ Urine sample number 512457 was collected from “SCATILLAC DAMARA” and was processed in accordance with established procedures and forwarded to the lab for analysis. 28, The University of Florida Racing Laboratory tested urine sample number 512457, and found that it contained Dimethyl Sulfoxide, an antiinflammatory and a Class Five drug These results were issued to the Division ina report dated August 5, 2009 29, Rule 61D-6.011(2), Florida Administrative Code, provides as follows: (2) Pursuant to Rule 61D-6,002, F.A.C., the trainer of record 1s the absolute wsurer of the condition of an animal he or she enters to race. Consequently, when evidence of the presence of 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 followi hg penalties in accordance with the class of permissible substance, Provided, however, that any discipline imposed by the stewards or judges shall not exceed their authority pursuant to Section 550.1155, F.S. (a) Class T impermissible substances: @1/13/ 2818 11:15 8589211311 1. First violation 2. Any subsequent violation (b) Class IT impermissible substances: 1. First violation 2. Second violation within 36 months of a previous violation 3. Third violation withm 36 months of a second violation, or a fourth or any subsequent violation without regard to the tine past since the third violation (c) Class Tl impermissible substances: 1. First violation 2, Second 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 timc 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 a 12 month period DEPR OGG PM Jan 13 2010 11:23 PAGE $500 to $1,000 fine, suspension or revocation of Ircense; $1,000 to $5,600 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 liccnse up to 30 days: $500 to $1,000 fine, suspension of license up to 60 days Reprimand, $100 to $250 fine, $250 to $500 fine, $500 to $1,000 fine, suspension of license up to 30 days. 30. Based on the foregoing, Respondent is responsible for a violation of Section 350.2415(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 1s prohibited. It is a violation of this section for a person to admimster or cause ta be adgumstered 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 ammmedhately 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 specrfied in Section 550.241 5(3)(a), 14/22 Jan 13 2010 11:23 @l/1a/2818 11:15 8589211311 DEPR OGG PM PAGE 15/22 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 4 fine against the violator for each count in ati arnount not exceeding $5,000; require the full or partial return of the purse, sweepstakes, and trophy of each race at issue; or impose agamst the violator any combination of such, penalties. at Signed this ft day of Gedvser , 2009. Division of Part-Mutuel Wagering Department of Business & Professional Regulation Northwood Center 1940 North Monroe Street, Suite 40 Tallahassee, Florida 32399-2202 Copy furnished to: David N. Perry, Assistant General Counsel

Docket for Case No: 10-000192PL