FILED Department of Bisiness anti Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION pate 9/24/2014 DIVISION OF PARI-MUTUEL WAGERING Filet DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-~MUTUEL WAGERING, Petitioner, Cask Nos. 2013-011417 2013-044695 Vv. 2014-015443 CATHERINE COLE~RIVERA, Respondent, / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Di- vision of Pari-Mutuel Wagering (Petitioner) , files this Administrative Complaint against Catherine Cole-Rivera (Respond- ent), and alleges as follows: 1. The Petitioner is the state agency charged with regulat-~- ing 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 1182264- 1021, issued by the Division. 3. At all times material hereto, Respondent trained and raced thoroughbred horses at the Gulfstream Park, Calder Race Course, and Tropical Park at Calder Race Course facilities. 4, Gulfstream Park, Calder Race Course, and Tropical Park at Calder Race Course are facilities operated by a permitholder authorized to conduct pari-mutuel wagering in this state under Chapter 550, Florida Statutes. COUNT ONE (2013-011417) 5. Petitioner hereby realleges and incorporates herein, as if fully set forth, paragraphs one through four of this adminis- trative complaint. 6. At all times material hereto, Respondent was the train- er/owner of “THE SENSE ANGEL.” 7. On or about February 13, 2013, “THE SENSE ANGEL” was en- tered in the first race held at Gulfstream Park. 8. “THE SENSE ANGEL” finished first place in the first race at Gulfstream Park on February 13, 2013. 9. On February 13, 2013, a Division of Pari-Mutuel Wager- ing employee took sample number 786033 from “THE SENSE ANGEL,” and the sample was processed in accordance with established pro- cedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 10. The lab tested sample number 786033, and found that it contained Phenylbutazone, an anti-inflammatory and class 4 drug. These results were issued to Petitioner in a report dated March 15, 2013. | } | i ; 11. Section 550.2415(1)(c), Florida Statutes (2012), 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.” 12, Rule 61D-6.002(1), Florida Administrative Code (2012), provides, "{t]Jhe trainer of record shall be responsible for and be the absolute insurer of the condition of the horses... he/she enters to race." 13. Pursuant to section 550.2415(1) (a), Florida Statutes (2012), "[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, | { | | i | | medication, stimulant, depressant, hypnotic, narcotic, local an- esthetic, 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 immediately after the racing of that animal." 14. Based on the foregoing, Respondent violated section 550.2415(1) (a), Florida Statutes (2012). COUNT_TWO (2013-044695) is. Petitioner hereby realleges and incorporates herein, as if fully set forth, paragraphs one through four of this ad- ministrative complaint. 16. At all times material hereto, Respondent was the trainer of “PURE TREASURE.” 17, On or about October 4, 2013, “PURE TREASURE” was en- tered in the seventh race held at Tropical Park at Calder Race Course. 18. “PURE TREASURE” finished second place in the seventh race at Tropical Park at Calder Race Course on October 4, 2013. 19. On October 4, 2013, a Division of Pari-Mutuel Wagering employee took sample number 787031 from “PURE TREASURE” and the sample was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 20. The lab tested sample number 787031, and found that it contained Strychnine, a central nervous system stimulant and Class 1 drug. These results were issued to the Petitioner ina report dated October 30, 2013. 21. Section 550.2415(1)(c), Florida Statutes (2013), 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.” 22. Rule 61D-6.002(1), Florida Administrative Code (2013), 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." 23. Pursuant to section 550.2415(1) (a), Florida Statutes (2013), "[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 an- esthetic, or drug-masking agent to an animal which will result in a positive test for such substance based on samples taken t | | | | | | from the animal immediately prior to or immediately after the racing of that animal." 24. Based on the foregoing, Respondent violated section 550.2415(1) (a), Florida Statutes (2013). COUNT THREE (2014-015443) 25. Petitioner hereby realleges and incorporates herein, as if fully set forth, paragraphs one through four of this ad- ministrative complaint. 26. At all times material hereto, Respondent was the trainer of “GOLDEN EMPRESS.” 27. On or about March 22, 2014, “GOLDEN EMPRESS” was en- tered in the eighth race held at Calder Race Course. 28. “GOLDEN EMPRESS” finished first place in the eighth race at Calder Race Course on March 22, 2014. 29. On March 22, 2014, a Division of Pari-Mutuel Wagering employee took sample number 794504 from “GOLDEN EMPRESS” and the sample was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory ("the lab”) for analysis. 30. The lab tested sample number 794504, and found that it contained Phenylbutazone, an anti-inflammatory and class 4 drug. | | | These results were issued to the Petitioner in a report dated April 08, 2014. 31. Section 550.2415(1)(c), Florida Statutes (2013), 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.” 32. Rule 61D-6.002(1), Florida Administrative Code (2013), 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," 33. Pursuant to section 550.2415(1) (a), Florida Statutes (2013), "[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 an- esthetic, 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 immediately after the racing of that animal." 34. Based on the foregoing, Respondent violated section 550.2415(1) (a), Florida Statutes (2013). WHEREFORE, Petitioner respectfully requests the Division of Pari-Mutuel Wagering enter an Order imposing one or more of the following penalties against the Respondent as specified in Rule 61D-6.011, Florida Administrative Code and section 550.2415(3) (a), Florida Statutes, and/or any other relief that the Division of Pari-Mutuel Wagering is authorized to impose pursuant to Chapter 550, Florida Statutes, and/or the rules promulgated thereunder. {Signatures appear on the following page.] ; | | i | | Signed this 23rd day of September, 2014. KEN LAWSON, Secretary Department of Business and Professional Regulation By: Lo Chief Attorney ision of Pari-Mutuel Wagering Florida Bar No. 91833 Department of Business and Professional Regulation 1940 N. Monroe Street, Ste. 40 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-1311 Facsimile Chief Attorney Division of Pari-Mutuel Wagering Florida Bar No. 0083617 Department of Business and Professional Regulation 1940 N. Monroe Street, Ste. 40 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-1311 Facsimile NOTICE OF RIGHTS Please be advised that within twenty-one (21) days of your receipt of this administrative complaint you have the right to request an administrative hearing. Any such hearing would be conducted in accordance with the provisions of Sections 120.569 and 120.57, Florida Statutes, and you would have the right to be represented by counsel or other qualified representative, to call and examine witnesses, and to have subpoenas issued on your behalf. However, if you do not file (i.e., we do not receive) your request for hearing within the twenty-one (21) days, you will have waived your right to any hearing. Please also be advised that mediation is not available in this matter. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTION OF RIGHTS DBPR v. CATHERINE COLE-RIVERA . Case Nos, 2013-011417, 2013-044695, 2014-015443 PLEASE CHECK ONLY ONE OF THE THREE OPTIONS, Option (1) ["] I do dispute the allegations of material fact in the Administrative Complaint. This is a petition for a hearing involving disputed material facts pursuant to section 120.57(1), Florida Statutes, (“formal hearing”) before an Administrative Law Judge of the Division of Administrative Hearings. I specifically dispute the following material facts alleged in the Administrative Complaint (attach extra pages or write on the back if needed): In addition to the above election for formal hearing, if you wish to enter into settlement negotiations, check the box below: [7] Section 120.569(2)(a), Florida Statutes, requires the Department to send this case to the Division of Administrative Hearings (DOAH) for a formal hearing within 15 days after receiving your Election of Rights. I am interested in settling this case and waive the 15-day requirement in order to enter into settlement negotiations with the Department. Option (2) [] I do not dispute the allegations of material fact in the Administrative Complaint. I wish to submit oral and written evidence in mitigation at a hearing pursuant to section 120,57(2), Florida Statutes (“informal hearing”) and that this oral and written evidence be considered before any penalty and fines are imposed. Option (3) [] I do not dispute the allegations of material fact in the Administrative Complaint and waive my right to any form of hearing. I request that a Final Order imposing a penalty and fines be entered in this case. MUST BE SIGNED AND NOTARIZED, Name (Signature) Mailing Address (if different) Name (Printed) City State Zip Street Address City State Zip STATE OF FLORIDA Respondent's daytime phone number COUNTY OF The foregoing was acknowledged before me this day of , 2014, by. : personally known ta me or who has produced as identification. Notary Public My Commission Expires: {Notary Seal) Updated 6/23/2014 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION EXPLANATION OF THE ELECTION OF RIGHTS Please read the Administrative Complaint before choosing one of the three options, The Election of Rights is a legally binding document. Consult an attorney if you do not understand your options. You can only select ONE of the options numbered (1), (2) and (3) on the Election of Rights form. You must sign the form. The form must be received by the Department at the address at the bottom of the form within 21 days after the date you receive the complaint. . The three options are: 1. Check option (1) if you do dispute any material fact alleged in the Administrative Complaint. This is considered a petition for an evidentiary administrative hearing (“formal hearing”) pursuant to sections 120.569(2)(a) and 120.57(1), Florida Statutes, and requires the Department to send this case to the Division of Administrative Hearings (DOAH) within 15 days of your completed petition requesting a formal hearing. This election is made by checking the box marked (1) on the Election of Rights. Pursuant to Rule 28-106.201, F.A.C., you must also state which material fact(s) alleged in the Administrative Complaint you dispute. Use the space provided on the form and attach additional pages or use the back of the form if needed. After electing option (1) explained above and regardless of whether you dispute any material fact alleged in the Administrative Complaint, you may also request the opportunity to discuss settlement of the case pursuant to section 120,57(4), Florida Statutes. 2. Check option (2) if you do not dispute any material fact alleged in the Administrative Complaint. You will be given a hearing pursuant to section 120.57(2), Florida Statutes (“informal hearing”) and have the opportunity to present written and oral evidence in mitigation at the informal hearing. 3. Check option (3) if you do not dispute any material fact and waive your right to any form of hearing, This means that the Department will recommend a penalty on the charges set forth in the Administrative Complaint without input from you. If the Department does not receive your Election of Rights within 21 days after you receive the Administrative Complaint, this will be considered a waiver of your right to elect any form of hearing and a Final Order may be entered against you imposing a penalty and fines. You must let the Department know if your mailing address changes. THE ELECTION OF RIGHTS FORM AND ANY ATTACHMENTS SHOULD BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS AND MAILED TO; C. Tomoka Brady, AAI Office of the General Counsel Northwood Centre 1940 North Monroe Street, Suite 40 Tallahassee, Florida 32399-2202 Updated 6/23/2014 | | |

Docket for Case No: 14-004974PL