STATE OF FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION DIVISION OF FARI-MUTUEL WAGERING DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION - OF PARI-MUTUEL WAGERING, Petitioner, DBPR CASE NO, 2008033463 Ve EDUARDO E, MAVER, SR, Respondent, / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering ("Division"), files this Administrative Complaint against Eduardo E, Maver, Sr. ("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! thoroughbred license, number 3907732+1021, issued by the Division, 3, Atal times material hereto, Respondent worked at Gulfstream Park (*Gulésteam”). 4, Gulistream is a facility operated by a permitholder authorized to conduct pari. mutuel wagering in this state. Ba/Pa SBKd MAd O80 add TTETTC6093 68 -@T @tiol ooze 6T Bry @Ta2 /6T/38 BR At all times material hereto, Respondent was the trainer of record and owner of the thoroughbred “LIMONADA.” 6. 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 horses . . . he/she enters to race." 7. . Oxilofrine is a cardiac stimulant and a non-classified drug. &. Section 550.2415(1)(a), Florida Statutes, states “The tacing of an animal with any .. stimulant ... is prohibited. It is a violation of this section for a person to administer or cause to be administered any ... stimulant ... 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.” 9. Section 550.2415(1)(c) states, “[t]e finding of a prohibited substance in a race~ day specimen constitutes prima facie evidence that the substance was adininistered and was carried in the body of the animal while participating in the race.” 10. — Section 550,2415(2) states, “Administrative action may be taken by the division against an occupational licensee responsible pursuant to rule of the division for the condition of an animal that has been impermissibly medicated or drugged in violation of this section.” Me Section 550.2415(3)(a) states, “Upon the finding of a violation of this section, the division may 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 fall or partial return of the purse, sweepstakes, and trophy of the race at issue; or impose against the violator any combination of such penalties. The finding ofa violation of this section inno way prohibits a prosecution for criminal acts committed.” 86/Se8 Fd MWe 350 Ada TTETT26858 6B-8T &Teé/6T/8e 8T:0T otoz 6T Bny 12, Section 550.2415(3)(b) states, “[t]}he division, notwithstanding the provisions of chapter 120, may summarily suspend the license ofan occupational licensee responsible under this section or division rule for the condition of'a race animal if the division laboratory reports the presence of an impermissible substance in the animal or its blood, urine, saliva, or any other bodily fluid, either before a race in which the animal is entered oz after a race the animal has run.” 13. Respondent was the trainer of record and the absolute insurer of the condition of a ‘thoroughbred “LIMONADA” on April 19, 2008. 14, On April 19, 2008, “LIMONADA” was entered in the eighth (8) race at Gulfstream Park. 15. “LIMONADA? finished second (2) in the eighth (8") race at Gulfstream Park on April 19, 2008, 16. “LIMONADA” was sent to 4 Division employee for the taking of a urine sample. 17... Urine sample number 407373 was collected from “LIMONADA” and was processed in accordance with established procedures and forwarded to the lab for analysis. 18. The University of Florida Racing Laboratory tested urine sample number 407373, and found that it contained Oxilofrine is a cardiac stimulant and a non-classified drug. These results were issued to the Division in a report dated June 9, 2008. 19. This is the second Oxilofrine case against Maver. The case for the first Oxilofrine positive is the Steward’s Ruling in DBPR Case No, 2008033461. ) 20. Respondent was the trainer of record and the absolute insurer of the condition of a thoroughbred “LIMONADA” on February 23, 2008. 86/98 Fd MWe 350 Ada TTETT26858 6B-8T &Teé/6T/8e 8T:0T otoz 6T Bny 21. On February 23, 2008, “LIMONADA” was entered in the third (3%) race at Gulfstream Park. * 22, “LIMONADA" finished first (1*) in the third (3) race at Gulfstream Park on February 23, 2008. 23, “LIMONADA” was immediately thereafter sent to a Division employee for the . taking of a urine sample. 24, Urine sample number 405038 was collected from “LIMONADA” and was processed in accordance with established procedures and forwarded to the lab for analysis. 25, The University of Florida Racing Laboratory tested urine sample number 405038, and found that it contained Oxilofrine, which is a cardiac stimulant and a non-classified drug. 26. On August 29, 2008, the Board of Stewards at Calder Race Course issued ruling #2008033461 regarding this positive test for Oxilofrine. Respondent was found in violation, fined $1000.00, suspended for sixty (60) days, and the purse was ordered returned for redistribution, The fine has not yet been paid, WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing one or more of the following penalties against the Respondent as specified in Section $50,2415(3}(a) & (3b), Florida Statutes, including declaring Respondent ineligible for a license or permit; " 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. Se/48 Fad MWe 350 Ada TTETT26858 6B-8T &Teé/6T/8e 6T:0T oOToz 6T Bny d, * Signed this 22 ~ day of Tox my , 2009, [hese Bar No. 0879622. Chief Attorney Division of Pari-Mutuel Wagering Department of Business & Professional Regulation Northwood Center 1940 North Monroe Strest, Suite 40 Tallahassee, Florida 32399-2202 Copies furnished to: Respondent - Cert. Mail/Return Receipt Office of Operstion/Licensing Section Office of Investigations Ralf Michels, Assistant General Counsel 86/88 Fd MWe 350 Ada TTETT26858 6B-8T &Teé/6T/8e BLOT oOTo0z 6T Bry

Docket for Case No: 10-007948