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 ggete §03s4eey; Fil Qgevat one i 37 621 oreateile 0 UF | UNIVERSITY of fal sax ego cunt 2. FLORIDA ANIMAL G GE oe e[& sex College of Medicine COLOR! De BL Br. Department of Pathology, immunology and Laboratory eis ———— RACE Racing Laboratory ol TRACK Ayer vosanyie— waren 24,2016 OWNER ee Wes Z TRAINER C g Mr. Jonathan Zacher, Director SAMPLED BY Division of Pan-Mutuel Wagering . Department of Business and Professional Ragulation witNess 1940 North Monroe Street, Suite 50 RS Tallahassee, Fl 32389-1035 OMNES “Se qATTOO wumpen__N OOS ar =e. RE: Report of Poskiva Aasult pL172-03 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 : Cartificate # AT-1642 B Page 1 of + 16-202, The Foundation for The Gator Nation An Bqual Opportunity lnstituden 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