FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATI| pe 9/05/2016 DIVISION OF PARI-MUTUEL WAGERING File # DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, DBPR CaAsE NO. 2016-005347 Petitioner, v. ROBERT GORDON SMITH, Respondent. / ADMINISTRATIVE COMPLAINT ‘The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner” or “Division”), files this Administrative Complaint against Robert Gordon Smith (“Respondent”), and alleges as follows: 1. The Petitioner 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 professional individual occupational license, number 345199-1021, issued by the Division. 3. At all times material hereto, Respondent was the trainer of record for the racing horse named “SMOKE N THE BOTTLE,” tattoo number 024295. 4. On or about January 10, 2016, “SMOKE N ‘THE BOTTLE” participated in the fourth race of the afternoon performance at Tampa Bay Downs (“the fourth race”). 5. ‘Tampa Bay Downs is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under Chapter 550, Florida Statutes. 6. “SMOKE N THE BOTTLE” finished in first place in the fourth race. 7. On or about January 10, 2016, a Division employee collected serum sample number 036734 from “SMOKE N ‘THE BOTTLE.” 8. Serum Sample number 036734 was processed in accordance with established procedures and forward to the University of Florida Racing Laboratory (“the lab”) for analysis. 9. Section 550.2415(1)(a), Florida Statutes (2015), states, “the racing of an animal that has been impermissibly medicated or determined to have a prohibited substance present is prohibited. It is a violation of this section for a person to impermissibly medicate an animal or for an animal to have a prohibited substance present resulting in a positive test for such medications or substatices based on samples taken from the animal before or immediately after the racing of that animal.” 10. Section 550.2415(1)(c), Florida Statutes (2015), 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.” 11. Rule 61D-6.002(1), Florida Administrative Code (2015), 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.” COUNT 1 12. Petitioner hereby realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 13. The lab tested serum sample number 036734 and found that it contained flunixin, an anti-inflammatory, analgesic and Class 4 drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissions, Inc. The concentration of flunixin in the sample was 11.42 +/-0.13 ng/mL. 14. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes (2015), by racing “SMOKE N ‘THE BOTTLE,” which was determined to have a prohibited substance present resulting in a positive test for such medications or substances based on samples taken from “SMOKE N ‘THE BOTTLE” before or immediately after the racing of “SMOKE IN THE BOTTLE.” COUNT 2 15. Petitioner hereby realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 16. ‘The lab tested sample 036734 and found that it contained phenylbutazone, an anti- inflammatory and Class 4 drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. ‘The concentration of phenylbutazone in the sample was 1.382 +/- 0.025 ug/mL 17. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes (2015), by racing “SMOKE N THE BOTTLE,” which was determined to have a prohibited substatice present resulting in a positive test for such medications or substances based on samples taken from “SMOKE N THE BOTTLE” before or immediately after the racing of “SMOKE IN THE BOTTLE.” WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing against Respondent, one or more of the penalties specified in Rule 61D-6.011, Florida Administrative Code, Section 550.2415(3)(a), Florida Statutes, and/or any other relief that the Division is authorized to impose pursuant to Chapter 550, Florida Statutes, and/or the rules promulgated thereunder. [Signature appears on the following page.} Signed this 25th day of February, 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation /s/ Caitlin R. Mawn CAITLIN R. MAWN Deputy Chief Attorney Florida Bar No. 99545 /s/ Wiliam Hall WILLIAM D. HALL Chief Attorney Florida Bar No. 67936 Division of Pari-Mutuel Wagering Ottice of the General Counsel 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 behalt. However, if you do not file (Le., 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. Received Feb FINE BA Ane pate AN LOE 36734 bs) SALIX (CHECK IF DECLARED} UNIVERSITY of anima Moke N tre Botte UF FLORIDA corona [20 sex Mace 5 College of Medicine FINISH \ RACE 4p Department of Pathology, immunclogy and Laboratory Mi @inpa bs Racing Laboratory TRACK i By bos. owner 2Obert O- Sint Leta 4 February 02, 2016 Trainer ZO [SIGNATURE Mr. Jonathan Zacham, Director O + cs : Division of Pari- Mutual Wagering WITNESS Pp e¥ (avenes iat say TIO MATURE Department of Gusiness and Professicnal Regulation OWNER'S 1940 North Monroe Street, Suite 50 WITNESS (SGRATURE] Tallahassee, Fl 32399-1035, rarroo numaen_ CO LL(2 AS v AE: Report of Positive Result RL.172-03 Sample 036734 has been anatyred by liquid chromatography-mase spactrometry (LC-MS) and found to contain the folowing: flunixin found in serum flunixin (an anti-inflammatory; analgesic and class 4 drug) - the concentration of flunixin is 14.42 «/- 0.19 ng/mL. phenylbutazone found in serum phenylbutazone (an anti-inflammatory and class 4 drug) - the concentration of phenylbutazone is 1.382 +/- 0.025 wg/mL. €179359-FHB Horse Setum 10.49 INTACT Laboratory Number Specimen Fina! Weight Saal Tampa Bay Downs . _. o1/10/2016 | O1N2/2016 Collected From Date Collected Date Received Pursuant to Chapter 550.2415 (1), F.S., the oublic disciosure of the information contained in this Report of Positive Result is authorized on or after 02/11/2016, of upan commencement of administrative actlon, whichever occurs first. Dragatiuiions £6 Ca ing, FAORC Patrick T. Aussall Associate Director Stiamific Hasearch Manager | University of Florida Racing Lab | ISONEG 17025-2005 anfan Cortificate # AT-1662 Page 1 of 1 16-70 The Foundation for The Gator Nation An Equal Oppornmiry Insomibon EXHIBIT “A”

Docket for Case No: 16-001933PL