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Pr (/fk6hnslf!ll¥ 11ut Lillilrl

Deputy Agericy Clerk

(LERK Brandon Ndlols

Oo<e 10/21/2009

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STATE OF FWRIDA

DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING

DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OFPARI-MUTUEL WAGERING,

Petitioner1

v.

DBPRCASENO. 2009034731

JUAN D. ARIAS, JR.,

Respondent,

ADMINISTRATIVE COMPLAINT

The Department of Business and Profess,onal Regulat,on, D1v1s1on of Pan-Mutuel Wagering ("Division"), files tins Adm,mstrative Complamt against Juan D Anas, Jr. ("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 matenal hereto, Respondent held a pan-mutuel wagering tramer/ thoroughbred license, number 86890-1021, issued by the Div1S1on

3. At all times material hereto, Respondent worked at the Tampa Bay Downs fac1hty.

4. Tampa Bay Downs 1s a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state.

   
   

5. At all times matenal hereto, Respondent was the trainer ofrecord for the thoroughbred "MACUMBIRA".

6. Rule 61D-6.002(1), Florida Administraltve Code, provides, "[t]he trainer of record shall be responsible for and be the absolute msurer of the cond1!1on of the ... hors.es he/she enters to race."

7. Sect10n 550.24 IS{l)(c), Flonda Statutes, states "[t]he findmg ofa proh1b1ted substance in a race-day specimen constitutes pnma facie evidence that the substance was administered and was earned m the body of the animal while par!Jcipatmg m the race."

8. Respondent was the trainer ofrecord and the absolute insurer of the cond1t1on ofa thoroughbred nroned "MACUMBIRA" on March 12, 2009.

9. On March 12, 2009, "MACUMBIRA" was entered ,n the sixth race at Tampa Bay

   
   

   Downs.

   
   

10. "MACUMBIRA" finished second m the sixth race at Tampa Bay Downs on March 12, 2009.

11. "MACUMBIRA" was 1mmediately thereafter sent to a D1v1s10n employee for the taking of a urine sample.

12. Urine sample number 425785 was collected from "MACUMBIRA" and was

    
    

    processed in accordance with established procedures and forwarded to the lab for analysts.

    
    

    COUNT!

    
    

13. The Umvers1ty of Florida Racing Laboratory tested urine sample number 425785,

    
    

    , and found that it contamed Nord1azepam, a metabolite ofDiazepam, a sedauve - hypnotic and Class Two drug. These results were issued to the Divis10n ma report dated June 26, 2009.

    
    

    2

    
    

14. Diazcpam is a sedative· hypnotic and a Class Two drug under the Um form Classification Guidelines for Foreign Substances, as promulgated by the Associat10n of Racing Commissioners, Inc.

15. Based on the foregoing, Respondent is responsible for a violation ofSect10n

550.2415(1)(a), Florida Statutes, which provides, "[t]he racing of an ammal with any drug, medwation, stimulant, depressant, hypnotic, local anesthehc, or drug-masking agent 1s prohibited. It is a violation of this sect10n for a person to administer or cause to be administered

any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthehc, or drug-masking

agent to an animal which will result in a posi!ive test for such substance based on samples taken from the animal immediately pnor to or immediately after the racmg of that amrnal."

COUNT II

16, The University of Florida Racing Laboratory tested unnc sample number 425785, and found that it contained Propranolol, a cardiac depressant, anti-arrhythmic and Class Three drug. These results were issued to the D1v1s10n in a report dated June 26, 2009.

17, Propranolol is a cardiac depressant, ant1-arrhythmm and a Class Three drug under 1he Uniform Classification Guidelines for Foreign Substances, as promulgaled by the Association of Racing Commissioners, Inc,

1. Based on the foregoing, Respondent 1s responsible for a VIOiation of Section 550.2415(I)(a), Flonda Statutes, which provides, "[t]heracing of an animal with any drug, medication, stimulanl, depressant, hypnotic, local anesthetic, or drug-maskmg agenl 1s prohibited. It is a violation of tlus secllon for a person to adm1mster or cause to be admimstered any drug, medication, slimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-maskmg

   
   

   J

   
   

   agent to an animal which wtll result in a positive test for such substance based on samples taken from the animal immediately pnor to or immediately after the racmg of that ammal."

2. Respondent has two previous violations of Section 550,2415, Florida Statutes, in the following DBPR case numbers:

   1. 2005058886 (October 13, 2005, Methocarbamol, $200 fine)

      
      

   2. 2008001890 (December 27, 2007, Phenylbutazone, $250 fine)

      
      

3. Rule 61D-6.011(2), Flonda Administrative Code, provides as follows:

1. Pursuant to Rule 61D-6.002, F.A.C., the tramer of record is the absolute insurer 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 e1tller to the Drnsion or to a panel of stewards or judges, the division or the stewards or Judges, absent aggravating or mitigatmg circumstances, must impose on the trainer ofrecord one or more of the followmg penalties in accordance with the class of impermissible substance. Provided, however, that any discipline imposed by the stewards or judges shall not exceed their autllonty pursuant to Section 550.1155, F.S.

   
   

   1. Class I impermissible substances:

      I. First violation

      
      

      2. Any subsequent violation

   2. Class II impermissible substances:

      l. First v10lation

      1. Second violation within 36 months ofa previous violation

      2. Third violat10n witllm 36 months of a second violation, or a fourth or any subsequent v10lation without regard to the time past smce the third violat10n

   3. Class Ill impermissible substances; I, First violation

      2, Second v10lation within 12 months of a

      previous violation

      3, Third violation within 24 months of a second violation, or a fourth or any subsequent violal!on without regard to the time past since the third violation

      
      

      $500 to $1,000 fine, suspension or

      revocation of license;

      $1,000 to $5,000 fine, suspension or revocation of license,

      
      

      $ I 00 to $1,000 fine, suspenSJon of license up to 30 days,

      $250 to $1,000 fine, suspension or revoca!Jon of license;

      $500 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 fme, suspension of license up to 60 days.

      
      

      4

      
      

      
      

   4. Class IV or V impermissible substances:

1. First violation

2. Second vwlation in a 12 month period

3. Third or subsequent violation in a 12 month period

Repnmand, $100 to $250 fine;

$250 to $500 tine;

$500 to $1,000 .fine, suspension ofhcense

up to 30 days.

WHEREFORE, PJtitioner respectfully requests the Division enter a11 Order imposing one or more of the following penalties against the Respondent as specified m Section 550.2415(3)(a), Florida Statutes and Rule 61D·6.0l 1(2), Florida Adrmmstrative Code, including revoke or suspend the license or pennit of the violator or deny a license or penmt of the v10 lator; impose a fine against the violator for each count in an amount not exceeding $5,000; require the full or partial return ofth.e purse, sweepstakes, and trophy of each race at rnsue; or impose against the

violator any combination of such penalties.

1.< '

Signed this 15" "clay of O;h / f , 2009.

PH M. HELTON, JR.

nda Bar No. 0879622 Chief Attorney

Division of Pari-Mutuel Wagenng

Department ofBusmess & Professional Regulation

Northwood Center

1940 North Monroe Street, Suite 40

Tallahassee, Florida 32399,2202

Copies furnished to:

David N. Perry, Assistant General Counsel

5

Docket for Case No: 12-000897PL