Deputy Agency Clerk STATE OF FLORIDA CLERK Evelte Lawson-Proctor DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATI Date 10/14/2014 DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CASE Nos. 2013-00486! 2013-019346 v. 2013-023817 ROBERT G. SMITH, Respondent, / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wager- ing (Petitioner), files this Administrative Complaint against Robert G. Smith (Respondent), and alleges as follows: 1. The Petitioner is the state agency charged with regulating pari-mutuel wagering pur- suant to Chapter 550, Florida Statutes. 2. At all times material hereto Respondent held a pari-mutuel wagering train- er/thoroughbred license, number 345199-1021, issued by the Petitioner. 3. Atal) times material hereto, Respondent trained and raced thoroughbred horses at the Tampa Bay Downs and Calder Race Course facilities. 4. Tampa Bay Downs is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under Chapter 550, Florida Statutes. 5. Calder Race Course is a facility operated by a permitholder authorized to conduct pari-mutucl wagering in this state under Chapter 550, Florida Statutes. 6. Clenbuterol is a bronchodialator and a Class Three drug under the Uniform Classifi- cation Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. COUNT ONE (2013-004861) 7. Petitioner hereby realleges and incorporates herein, as if fully set forth, paragraphs one (1) through six (6) of this administrative complaint. 8. At all times material hereto, Respondent was the trainer of “GIBSON COUNTY LINE.” 9. On or about December 26, 2012, “GIBSON COUNTY LINE” was entered in the third 3" race held at Tampa Bay Downs. 10. “GIBSON COUNTY LINE” finished second (2") place in the third (3") race at Tampa Bay Downs on December 26, 2012. 11. On December 26, 2012, a Petitioner employee took urine sample number 784733 from “GIBSON COUNTY LINE,” and the sample was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analy- sis. 12, The lab tested urine sample number 784733, and found that it contained clen- buterol, a bronchodilator and a Class Three drug. The concentration of clenbuterol in the sample was 195 picograms per milliliter. These results were issued to the Petitioner in a report dated February 4, 2013. A true and correct copy of the February 4, 2013, report is marked and at- tached hereto as Petitioner Exhibit A. 13. Section 550.241 5(1)(c), Florida Statutes, states, “{t]he finding of a prohibited sub- stance 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.” 14. Rule 61D-6.002(1), Florida Administrative Code, provides, "[t]he trainer of rec- ord shall be responsible for and be the absolute insurer of the condition of the horses... he/she enters to race." 15. Pursuant to Section 550.241 5(1)(a), Florida Statutes, "[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 ad- ministered 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 immediately after the racing of that ani- mal." 16. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes. COUNT TWO (2013-019346) 17. Petitioner hereby realleges and incorporates herein, as if fully set forth, paragraphs one (1) through six (6) of this administrative complaint. 18. Atall times material hereto, Respondent was the trainer of “DUTY BLUES.” 19, On or about April 13, 2013, “DUTY BLUES” was entered in the tenth (10") race held at Calder Race Course. 20. “DUTY BLUES” finished second (2" place in the tenth (10) race at Calder Race Track on April 13, 2013. 21, On April 13, 2013, a Petitioner employee took serum sample number 788505 from “DUTY BLUES,” and the sample was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 22, The lab tested serum sample number 788505, and found that it contained clen- buterol, a bronchodilator and a Class Three drug. The concentration of clenbuterol in the sample was 5 picograms per milliliter. These results were issued to the Petitioner in a report dated May 2, 2013. A true and correct copy of the May 2, 2013, report is marked and attached hereto as Pe- titioner Exhibit B. 23, Section 550.241 5(1)(c), Florida Statutes, states, “[t]he finding of a prohibited sub- stance 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.” 24. Rule 61D-6.002(1), Florida Administrative Code, provides, "[t]he trainer of rec- ord shall be responsible for and be the absolute insurer of the condition of the horses he/she enters to race.” 25. Pursuant to Section 550.2415(1)(a), Florida Statutes, “[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 ad- ministered 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 immediately after the racing of that ani- mal." 26. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes. COUNT THREE (2013-023817) 27. Petitioner hereby realleges and incorporates herein, as if fully set forth, paragraphs one (1) through six (6) of this administrative complaint. 28. At all times material hereto, Respondent was the trainer of “ANCHOR WOMAN.” 29. On or about April 28, 2013, “ANCHOR WOMAN” was entered in the seventh (7") race held at Tampa Bay Downs. 30. “ANCHOR WOMAN” finished second (2™) place in the seventh (7") race at Tampa Bay Downs on April 28, 2013. 31. On April 28,-2013, a Petitioner employee took serum sample number 788232 from “ANCHOR WOMAN,” and the sample was processed in accordance with established pro- cedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 32. The lab tested serum sample number 788232, and found that it contained clen- buterol, a bronchodilator and a Class Three drug. The concentration of clenbuterol in the sample was 10 picograms per milliliter. These results were issued to Petitioner in a report dated June 5, 2013. A true and correct copy of the June 5, 2013, report is marked and attached hereto as Peti- tioner Exhibit C. 33. Section $50.2415(1)(c), Florida Statutes, states, “[t]he finding of a prohibited sub- stance 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,” 34, Rule 61D-6.002(1), Florida Administrative Code, provides, “[t]he trainer of ree- ord shall be responsible for and be the absolute insurer of the condition of the horses... he/she enters to race." 35. Pursuant to Section 550.2415(1)(a), Florida Statutes, "{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 ad- ministered 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 immediately after the racing of that ani- mal." 36, Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing one or more of the following penalties against the Respondent as specified in Rule 61D-6.011, F.A.C, and Section 550.2415(3)(a), Florida Statutes, including to revoke or suspend the license or permit of the violator or deny a license or permit to the violator; impose a fine against the vio- lator 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. [Signatures appear on the following page] Signed this 44/tay of October, 2014. KEN LAWSON, Secretary Department of Business and Professional Regulation MARISA G TON Florida Bar No. 0102263 Assistant General Counsel Division of Pari-Mutuel Wagering ‘Department of Business & Professional Regulation Northwood Center 1940 North Monroe Street, Suite 40 Tallahassee, Florida 32399-2202 Florida Bat No. 0083617 Chief Attorney Division of Pari-Mutuel Wagering Department of Business & Professional Regulation Northwood Center 1940 North Monroe Street, Suite 40 Tallahassee, Florida 32399-2202 Received: Feb 4 2019 03: tipa Feb, 4. 2013 3:062M - Me A087 pare DEC 26 2012 "784733 W/ UNIVERSITY of Tf saux (CHECK IF DECLARED) UF FLORIDA animal Giasod Conuty LUE coton__4 sex age _Y¥ College of Medicine Department of Pathology, Immunology and Laboratory Med FINISH..ct_____s RACE 3 Racing Laboratory TRACK Tampa Bay Downs DEAKE SHUT Fie OWNER | EK CEgece February 04, 2043 TRAINER. CZ, re. yf & Sou, of. aA, iy) fs) } SAMPLED BY-4 Wf: 7\ QP f Mr. Leon Biegalski, Director v AL ‘ Bia By a Division of Pari-Mutuel Wagering WITNESS oe ee. Department of Business and Professional Regulation ; ’ (StauptuRe) 1940 North Monroe Street, Sulte 50 Qwnene AE Dar LP 2 (iGNATUAE) Tallahassee, Fl 32399-1035 tatroo numBeR_ &<. 3 F463 RE: Report of Pasitive Result RL.172-03 Sample 784733 has been analyzed by liquid chromatography-mass spectrometry (LC-MS) and found to contain the following: clenbuterol found in urine ; i clenbutero! (a bronchodilator and class 3 drug) - the concentration of clenbuterol is 195 picograms per milliliter. B146415-FHU Horse Urine 96.2 g INTACT Laboratory Number Specimen Final Weight Seal ‘Tampa Bay Downs 42/26/2012 01/10/2013 Collected From Date Collected Date Received Pursuant to Chapter 550.2415 (1), F.S., the public disclosure of the information contained in this Report of Positive Resuit is authorized on or after 02/13/2013, or upon commencement of administrative action, whichever occurs first. 6 Cow Patrick T. Russell Scientific Research Manager Margaret H. ing, FAORC Associate Director University of Florida Racing Lab ISONEC 17025:2005 Cariiicate # AT-1642 sguicrare Page 4 of 1 13-126 The Foundation for The Gator Nation Afi Equal Oppoziupity Institution SADA NA Chem. Rece ived: Mee May. 2. 2913. 1:46PM pate #33 - 788505 , Gd saux (ci CK IF DECLARED) UNIVERSITY of ANIMAL _L/V- ve. UF FLORIDA coven A College of Medicine FINSH_ 2 pace__/O Department of Pathology, Immunology and Laboratory Medi Racing Laboratory TRACK SAS OWNER Aatubsl @ tullsen Marplg BiG Sith TRAINER. SA» 45s! May 02, 2013 Glonm SAMPLED BY_ . Mr, Leon Biegalski, Director V ple os Division of Pari-mutuel Wagering . WITNESS Department of Business and Professional Regulation . OWNER’S ay 1940 North Monroe Street, Suite 50 WITNESS aNaTaRey Tallahassee, FI 32399-1035 Poe TATTOO NUMBER_{1 474| RE: Report of Positive Result RE.T72.08 Sample 788505 has been analyzed by liquid chromatography-mass spectrometry (LC-MS) and found to contain the following: : {SIGNATURE} clenbuteral found in serum clenbuteral (a bronchodilator and class 3 drug) - the concentration of clenbuterol is $ pleagrams per milliliter. B177875-FHB Horse Serum 27g INTACT " Laboratory Number Specimen Final Weight Seal Calder Race Course 04/13/2013 04/18/2013 Collected From Date Collected Date Received Pursuant to Chapter 550.2415 (1), F.S., the public disclosure of the information contained in this Report of Positive Result is authorized on or after 05/11/2013, or upon commencement of administrative action, whichever occurs first. : OM wz Pattick T. Russell Scientific Research Manager Margaret HW Wilding, FAORC Associate Director | University of Florida Racing Lab ISONEC. 17025:2008 Cartificate # AT-1642 magereee Page 4 of 1 43-265 The Foundation for The Gator Nation Ax Equal Opportunity Institution . Received: - dun $ 2013 04:56pm . dun, 5, 7353) 4:5 12M DATE APR 28 2013 UF FLORIDA wa College of Medicine FINISH A ; Department of Pathology, Immunology and Laboratory Mec Racing Laboratory TRACK Tampa Bay Downs June 05, 2043 TRAINER Mr. Leon Biegalski, Director (SIGNATURE Division of Pati-Mutuel Wagering WITNESS \ SEO Cecily ie Department of Business and Professional Regulation i. a ATR " 1940 North Monroe Street, Suite 50 owner's NBD Leni Tallahassee, Fl 32399-1035 CHOHAT RET ; ' TATTOO NUMBER 4 L 3 | A A RE: Report of Positive Result RL172-03 | S Sample 788232 has been analyzed by liquid chromatography-mass spectrometry (LC-MS) and found to contain the following: clenbuterol found in serum clenbuteral (a bronchodilator and class 3 drug) - the concentration of clenbuterol is 10 picograms per milliliter, B183284-FHB Horse Serum 39g INTACT Laboratory Number Specimen Final Weight Seal Tampa Bay Downs 04/28/2013 : 05/02/2013 Collected From Date Collected Date Received Pursuant ta Chapter 550.2416 (1), F.S., the public disclosure of the information contained in this Report of Positive Result is authorized on or after 06/14/2013, or upon commencement of administrative action, whichever occurs first, Ae, Patrick T. Russel! Scientific Research Manager Margaret Associate Director | University of Florida Racing Lob } ISOHEC 17025:2005 Certificate # AT-1642 “okey neve Page 1 of 1 13-287 The Foundation for The Gator Nation An Equal Opportunity institution 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. | | t | |

Docket for Case No: 14-005659PL