Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING
Respondent: ALFRED G. MCINTOSH
Judges: F. SCOTT BOYD
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Nov. 29, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 1, 2017.
Latest Update: Mar. 15, 2025
FILED
STATE OF FLORIDA Department of Business and Professional Regulation
DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATI Deputy Agency Clerk
DIVISION OF PARI-MUTUEL WAGERING CLERK — Evette Lawson-Proctor
Date 4/38/2016
File #
DEPARTMENT OF BUSINESS &
PROFESSIONAL REGULATION, DIVISION
OF PARI-MUTUEL WAGERING,
Petitioner, DBPR CASE No.: 2016-015068
Vv.
ALFRED G. MCINTOSH,
Respondent.
/
ADMINISTRATIVE COMPLAINT
COMES NOW, Petitioner, the Department of Business and Professional Regulation,
Division of Pari-Mutuel Wagering (“Petitioner”), and hereby files this Administratrve Complaint
against Respondent, ALFRED G. MCINTOSH (“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 468108-1021, issued by the Petitioner.
3. Atall times material hereto, Respondent trained and raced horses at Gulfstream Park.
4. Gulfstream Park is a facility operated by a permitholder authorized to conduct pari-
mutuel wagering in this state under Chapter 550, Florida Statutes.
5. At all times material hereto, Respondent was the trainer of record of the thoroughbred
horse named “NOBLE PRINCE,” tattoo number, N00055.
6. On or about February 10, 2016, “NOBLE PRINCE” participated in the eleventh (11°)
race held at Gulfstream Park; “NOBLE PRINCE” finished in first (1°) place.
DBPR, PMW v. Alfred G. McIntosh
DBPR Case No.: 2016-015068
Administrative Complaint
Page 2
7. On or about February 10, 2016, an employee of Petitioner collected and processed a
blood sample, number 037621, from “NOBLE PRINCE,” and the processed blood serum sample
was forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis.
8. The lab, in accordance with applicable procedures, tested blood serum sample number
037621, and found that it contained Xylazine, a central nervous system depressant and classified as a
Class Three drug under the Uniform Classification Guidelines for Foreign Substances, revised
December 2014, as promulgated by the Association of Racing Commissioners International, Inc.
‘The concentration of Xylazine contained in the sample was 21.8 plus or minus 1.6 picograms per
milliliter; greater than the permitted regulatory limit of 0.01 nanograms per milliliter of serum.
‘These results were issued to the Petitioner in a report dated March 24, 2016. A true and correct
copy of the March 24, 2016, Drug Positive Letter is attached hereto and incorporated herein as
Petitioner’s Exhibit “A.”
9. Pursuant to Section 550.2415(1)(a), Florida Statutes (2015), "[t]he 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
substances based on samples taken from the animal before or immediately after the racing of that
animal."
10. Section 550.2415(1)(c), Florida Statutes, 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, 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."
DBPR, PMW v. Alfred G. McIntosh
DBPR Case No.: 2016-015068
Administrative Complaint
Page 3
12. Under Rule 61D-6.008(2)(@w), F.A.C. (2016), the presence of Xylazine, with a blood
serum concentration level greater than 0.01 nanograms per milliliter, determined to be in the race-
day specimen of a horse is strictly prohibited.
13. Based on the foregoing, Respondent, as “NOBLE PRINCE” trainer of record, is
strictly liable for, and thus is in violation of Section 550.2415(1)(a), Fla. Stat., by racing an animal
that was determined to contain and test positive for impermissible substance present in its race-day
specimen.
WHEREFORE, Petitioner respectfully requests the Division enter an Order against
Respondent imposing one or more of the penalties specified in Rule 61D-6.011(1)(a), F.A.C., and
Section 550.2415(3)(a), Florida Statutes, together with any other relief the Division is authorized to
impose pursuant to Chapter 550, Florida Statutes, and the rules promulgated thereunder.
Signed on this 5th day of April, 2016.
KEN LAWSON, Secretary
Department of Business and
Professional Regulation
/s/ Thomas J. Izzo
THOMAS J. IZZO
Florida Bar No.: 120905
Assistant General Counsel
Division of Pari-Mutuel Wagering
Department of Business &
Professional Regulation
1940 North Monroe Street, Suite 40
Tallahassee, Florida 32399-2202
P: (850) 717-1768 F: (850) 921-1311
‘T.izzo@mytloridalicense.com
/s/ Wilham Hall
WILLIAM D. HALL
Florida Bar No.: 67936
Chief Attorney
DBPR, PMW v. Alfred G. McIntosh
DBPR Case No.: 2016-015068
Administrative Complaint
Page 4
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 (ie.,
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.
DBPR, PMW v. Alfred G. McIntosh
DBPR Case No.: 2016-015068
Administrative Complaint
Page 5
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RE: Report of Poskiva Aasult
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Sample 637621 has baen analyzed dy liquid chromatography-mass 5} _. sway anid found to contain
the following:
xylazine found in serum
xylazine (a central norvous system depressamt and ciass 3 drug) - the concentration of xylazine is 21.6 4 1.6
pgimi.
€188511-FHB Herse Serum 24 g INTACT
Laboratory Number Specimen Final Weight Seal
Gulfstraam Park 02/40/2016 02/17/2016
Collected From Cate Collected Date Received
Pursuant to Chapter 550.2415 (1), F.S,, the public disclosure of the information contained in this Report of
Positive Result ig authorizad on or atter 04/02/2016, or upon commencement of administrative action, whichever
occurs first.
va cguk ol. Laude he
Margaret iIding, FAQRC Patrick T. Russell
Associate Director Scientific Research Manager
| University of Florida Racing Lab é
| ISONEC 17025-2006
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The Foundation for The Gator Nation
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EXHIBIT “A”
DBPR, PMW v. Alfred G. McIntosh
DBPR Case No.: 2016-015068
Administrative Complaint
Page 6
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF PARI-MUTEL WAGERING
DEPARTMENT OF BUSINESS &
PROFESSIONAL REGULATION, DIVISION
OF PARI-MUTUEL WAGERING,
Petitioner, DBPR CASE NO.: 2016-015068
v.
ALFRED G. MCINTOSH,
Respondent.
/
NOTICE OF RIGHT TO REQUEST A SPLIT SAMPLE
With respect to the “Report of Positive Result” from the University of Florida Racing
Laboratory (“UF Racing Laboratory”) here supplied you and attached as “Exhibit A” to the
Administrative Complaint, please be advised you have a right to request a split sample pursuant to
Rule 61D-6.006, Florida Administrative Code, by submitting Form DBPR PMW-3290, Notification
to Stewards /Judge of Split Sample Request.
You can obtain Form DBPR PMW-3290, Notification to Stewards/Judge of Split Sample
Request, as well as a list of approved split sample laboratories, at the State Office located in any
Florida pari-mutuel facility or on the Division of Pari-Mutuel Wagering’s (“Division”) website:
www.myfloridalicense.com/dbpr/pmw/forms.html. You must submit your Form DBPR PMW-
3290 split-sample request to the Division’s steward or judge within no more than ten (10) days
from your receipt of this notice, or you will waive your right to a split sample.
/s/ Glenda Ricks
Glenda Ricks, Chief Operations Officer
Division of Pari-Mutuel Wagering
Docket for Case No: 16-007003PL
Issue Date |
Proceedings |
Feb. 01, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jan. 30, 2017 |
Division's Motion to Relinquish Jurisdiction filed.
|
Jan. 13, 2017 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 21, 2017; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Jan. 13, 2017 |
Petitioner's Motion to Continue filed.
|
Dec. 22, 2016 |
Notice of Court Reporter filed.
|
Dec. 22, 2016 |
Petitioner's Notice of Service of It's First Interlocking Discovery Request filed.
|
Dec. 22, 2016 |
Petitioner's First Interlocking Discovery Request filed.
|
Dec. 09, 2016 |
Notice of Appearance (Chevonne Christian) filed.
|
Dec. 08, 2016 |
Order of Pre-hearing Instructions.
|
Dec. 08, 2016 |
Notice of Hearing by Video Teleconference (hearing set for January 20, 2017; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Dec. 07, 2016 |
Petitioner's Unilateral Response to Initial Order led.
|
Nov. 30, 2016 |
Initial Order.
|
Nov. 29, 2016 |
Election of Rights filed.
|
Nov. 29, 2016 |
Administrative Complaint filed.
|
Nov. 29, 2016 |
Agency referral filed.
|