FILED Department of Business arid Professional Regulation AGENCY CLERK STATE OF FLORIDA clerk Ronda L. Bryan DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT]] pete 42/13/2016 DIVISION OF PARI-MUTUEL WAGERING File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, DBPR Case No.: 2016-055004 Petitioner, Vv. BOBBY S. DIBONA, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (‘Petitioner’), files this Administrative Complaint against BOBBY S. DIBONA (“Respondent”), and alleges as follows: 1, 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 3910649, issued by Petitioner and worked as a horse trainer. 3. According to Section 550.2415(1), Florida Statutes (2015): (a) 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 medication or substances based on samples taken from the animal before or immediately after the racing of that animal. DBPR, PMW v. Bobby S. Dibona DBPR Case No.: 2016-055004 Page 2 (c) The 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. 4. Additionally, Rule 61D-6.002(1), Florida Administrative Code (2015), provides that “[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.” 5. On November 3, 2016, Respondent was the trainer of record for a racing horse named “VOW ME OVER.” 6. On November 3, 2016, VOW ME OVER was entered in race one of Final Turn Racing LLC’s performances. 7. Final Turn Racing LLC is a permit holder authorized to conduct pari-mutuel wagering in this state in accordance with Chapter 550, Florida Statutes. 8. On November 3, 2016, VOW ME OVER finished in first place in race one. 9. On November 3, 2016, a Division employee collected serum sample 043385 from VOW ME OVER. 10. Sample 043385 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 11. The lab tested sample 043385 and found that it contained flunixln at a concentration of 3.48 +/- 0.13 ng/mL and phenylbutazone at a concentration of 0.418 +/- 0.025 pg/mL, 12.‘ Flunixin is an anti-inflammatory/analgesic and class 4 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners International, Inc. DBPR, PMW v. Bobby S. Dibona DBPR Case No.: 2016-055004 Page 3 13. Phenylbutazone is also an anti-inflammatory and class 4 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners International, Inc. 14. According to Rule 61D-6.008, Florida Administrative Code, flunixin found in a racing animal at a secondary blood concentration of greater than 3 ng/mL and phenylbutazone found at a secondary blood concentration of greater than 0.3 ug/mL is a violation of Section 550.2415, Florida Statutes. 15. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes (2015), by racing VOW ME OVER with a prohibited drug, medication, stimulant, depressant, hypnotic, local anesthetic, or drug masking agent. WHEREFORE, Petitioner respectfully requests the division enter an Order imposing one or more of the penalties specified in Chapter 550, Florida Statutes (2015), and/or the rules promulgated thereunder. Signed this 8th day of December, 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation /s/ Charles Dewrell, Esq. Charles Dewrell, Esq. Assistant General Counsel Florida Bar No. 102579 Office of the General Counsel Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, Florida 32399-2202 Telephone: (850) 717-1768 Facsimile: (850) 921-1311 DBPR, PMW v. Bobby S. Dibona DBPR Case No.: 2016-055004 Page 4 NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be advised that Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. 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. DBPR, PMW v. Bobby S. Dibona DBPR Case No.: 2016-055004 Page 5 voce, 2 owe t02 943385 SALIX (CHECK iF DECLARED) UF noe of anima, VOL) *7E OVE. FLORIDA covon acs {br SEX - ace - a College of Medicine rinisH=_/ RACE Department of Pathology, Immunology and Laboratory » TRACK 3 ae Racing Laboratory , OWNER Fist Zunes Hct ile. trainen_& S- 21 ONA Er November 30, 2016 car SAMPLED BY___. €2, — Mr. Anthony J. Glover, Directar WITNESS x ae Division of Pari-Mutuel Wagering (engTURE| y Department of Business and Professional Regulation OWNER'S WitZrve Gomer. 2601 Blair Stone Road WITNESS ~ NATE Tallahassee, FL 32399-1037 TATTOO NUMBER {PI bF - RE: Heport of Positive Result RL7203 Sample 043385 has been analyzed by liquid chromatography-mass Spectrometry (LC-MS) and found to contain the tollowing: fiunixin found in serum flunixin (ar anti-Inflammatory; analgesic and class 4 drug) - the concantration of flunixin is 3.46 + 9.13 ngemc. phenylbutazone found In serum phenylbutazone (an antiinflammatory and class 4 rug) - the concentration af phenylbutazone Is 0.448 +/- 0.025 xg/mL. ©238585-FHA Horse Serum 96g INTACT Laboratory Number Specimen Final Weight Seal Calder Race Course 11/09/2016 14/08/2016 Collected From Date Collected Date Received Pursuant ta Chapter §50.2415 (1), F.S., the public disclosure of the information contained in this Report of Positive Resut ts authorized on or after 12/09/2016, or upen commencement of administrative action, whichever cccurs first, Margaret Sees FAORC \ Patrick T. Russell Associate Director Chemist {v r University of Fiorida, Racing Lab Ee 17925-2605 Certificata ¥ AT-1947 Page ‘of 1 17-112 The Foundation for The Gator Nation An Equal Opportunity Institution EXHIBIT “A”

Docket for Case No: 17-000895PL