FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK —_Evelte Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI) pate 4/6/2017 File# DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CASE NO. 2017-015390 2017-015397 v. 2017-015413 CHARLES F. MCCLELLAN, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”), files this Administrative Complaint against Charles F. Mcclellan (“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 816680-1021, issued by the Division. 3. Orange Park Kennel Club is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under Chapter 550, Florida Statutes. 4. Bayard Raceways also holds a permit to conduct pari-mutuel wagering, having been issued permit number 157-1000 by the division. 5. Bayard Raceways conducted pari-mutuel wagering activities using the facilities located at Orange Park Kennel Club on March 1, 2, and 5, 2017. 6. Pursuant to Section 550.2415(1)(a), Florida Statutes: 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 substances based on samples taken from the animal before or immediately after the racing of that animal. 7. Section $50.2415(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.” 8. Rule 61D-6.002(1), Florida Administrative Code, 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." COUNT I (DBPR Case No. 2017-015390) 9. Petitioner reallages and incorporates paragraphs one through eight as if fully set forth herein. 10. At all times material hereto, Respondent was the trainer of record of the racing greyhound “WW’s FLICKA” with tattoo number 53C-61000. 11. On March 1, 2017, WW’s FLICKA participated in the 7th race of the Bayard performances held at Orange Park Kennel Club. 12. WW’s CASTLE ROCK finished in 1st place in the 7th race. 13. On March 1, 2017, a Division employee collected urine sample number 130120 from WW’s FLICKA. 14. Sample number 130120 was. processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 15. The lab tested sample number 130120 and found that it contained benzoylecgonine at a concentration level of 13 ng/mL. 16. Benzoylecgonine is a metabolite of cocaine, which is a local anesthetic and Class 1 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioner, Inc. 17. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes, by racing WW’s FLICKA with a prohibited substance in the body of the animal on March 1, 2017. COUNT II (DBPR Case No. 2017-015397) 18. Petitioner reallages and incorporates paragraphs one through eight as if fully set forth herein. 19. At all times material hereto, Respondent was the trainer of record of the racing greyhound “WW’s CASTLE ROCK” with tattoo number 15C-65746. 20. On March 2, 2017, WW’s CASTLE ROCK participated in the 9th race of the Bayard performances held at Orange Park Kennel Club. 21. WW’s CASTLE ROCK finished in 5th place in the 9th race. 22. On March 2, 2017, a Division employee collected urine sample number 130145 from WW’s CASTLE ROCK. . 23. Sample number 130145 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 24. The lab tested sample number 130145 and found that it contained benzoylecgonine at a concentration level of 24 ng/mL and ecgonine methyl ester at a concentration level of 6 ng/mL. 25. Benzoylecgonine is a metabolite of cocaine, which is a local anesthetic and Class 1 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioner, Inc. 26. Ecgonine methyl ester is a metabolite of cocaine, which is a local anesthetic and Class 1 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioner, Inc. 27. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes, by racing WW’s CASTLE ROCK with a prohibited substance in the body of the animal on March 2, 2017. COUNT IIT (DBPR Case No. 2017-015413) 28. Petitioner reallages and incorporates paragraphs one through eight as if set forth fully herein. 29. At all times material hereto, Respondent was the trainer of record of the racing greyhound “ANY ROAD” with tattoo number 34C-63580. 30. On March 5, 2017, ANY ROAD participated in the 12th race of the Bayard performances held at Orange Park Kennel Club. 31. ANY ROAD finished in 6th place in the 12th race. 32. On March 5, 2017, a Division employee collected urine sample number 130199 from ANY ROAD. 33. Sample number 130199 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 34. The lab tested sample number 130199 and found that it contained benzoylecgonine at a concentration level of 12 ng/mL. 35. Benzoylecgonine is a metabolite of cocaine, which is a local anesthetic and Class 1 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioner, Inc. 36. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes, by racing ANY ROAD with a prohibited substance in the body of the animal on March 5, 2017. ; WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing against Respondent one or more of the penalties specified in Rule 61D-6.012, 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. Signed this 4th day of April, 2017. MATILDE MILLER, Interim Secretary Department of Business and \ Professional Regulation /s/ Charles Dewrell CHARLES DEWRELL Assistant General Counsel Florida Bar No. 0102579 Department of Business and Professional Regulation Office of the General Counsel Division of Pari-Mutuel Wagering 2601 Blair Stone Road Tallahassee, Florida 32399-2202 Telephone: (850) 717-1508 Facsimile: (850) 921-1311 s Charles. Dewrell@MyFloridaLicense.com NOTICE OF RIGHT TO REQUEST A HEARING 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 Adaildienntive 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 each “Report of Positive Result” from the University of Florida Racing Laboratory (UF Racing Laboratory) here supplied you (copies attached as Exhibits “A” - “C” 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 Bost 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: snsrunag lia Teadinonme comntaapargitauttnei kat 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. -6- Received Mar 2f Resend03-23- 17, ' 2:92PM: Pu Operati: UF IFLORIDA College of Medicine : Deparhnent of Pathology, Immunology and Laboratory Medicine Racing Laboratory March 29, 2017 Mr, Anthony J. Glover, Director Division of Parl-Mutuel Wagering Department of Business and Professional Ragulation 2601 Blair Stone Road Tallahassee, FL 32399-1037 Re: @ Report of Positive Rasult vate =F 130120 URINE Tal Te z eoion DA sex f_ AG 13 FINISH | pace TRACK . Sr Ce a5 ownen SPOCK. 5a) nomen halts ACER Yad CApah OWNER'S WITNESS OWNER'S WITNESS as Tatoo NuMBER 222/000 RL.152-01 Sample 130120 hes bean analyzed by liquid chromatography-tandem mass spacirometry (LC-MS/S) and found to contain the following: benzoylecgonine found in urine benzoylecgonine is a metabolite of Cocaine {cocaine is a loca! anesthetic and benzoyiecgonine Is 13 ng/ml. Class 1 drug) - the concentration of €262927-FDU Oog Urine €2.59 INTACT Laboratory Number Specimen Final Weight Seal Bayard @Orange Park __ 03/01/2017 03/09/2017 Collected From Date Collected Date Received Pursuant to Chapter §$0.2415 (1), F.S., the public disclosure of the informati ion contained in this Report of Positive Result is authorized on or atte: 04/07/2017, or upon commencement of administrative action, whichever occurs first. _Wud f CAM de. _ Margaret H Wilding, FAORC Patrick T, Russell Associate Director Chemist IV University ct Florlds Racing Lab ¢ ISOMEC 17025-2905 Page 1 of 1 Cenificara # AT-1642 The Foundation for The Gator Nation An Equal Opportunity Insorution EXHIBIT “A” 17-182 Received: pipe Saerere DATE EAD. 1 30145 URINE UNIVERSITY of anmar WS Case Koex FLORIDA corn BAX sex ace [S_ ACE College of Medicine FINISH Department of Pathology, Immunology and Laboratory Medicin Racing Laboratory March 29, 2017 Mr. Anthony J. Glover, Director Division of Pari-Mutuel Wagering Department of Business and Professional Ragulation 2601 Blair Stone Road OWNER'S. Tallahassee, FL 32399-1037 WITNESS = TATTOO NUMBER a 2 RE: Regon of Positive Result RL.152-01 Sample 130145 has been ane'yzed by liquid chromatography-tandem mass spectromatry (LC-MS/MS) and found to contain the following: benzoylecgoning found in urine benzoylecgonine is a metabolite of cocaine (cocaine is a loca! anesthetic and class 1 Gnug) - the concentration of benzoylecgonine is 24 ng/mi. cocaine found In urine Cocaine (a local anesthetic and class 1 dug) - the concentration of cocaine is §.3 ng/mL. ecgonine methyl ester found In urine 8cgonina methyl aster is a metabolite of cocaine (cocaine Is a Iccal anesthetic and class 1 drug) « the concentration of ecgorine methyl ester is 6 ng/mL, C262953-FOU Dog Urine 621g INTACT Laboratory Number Specimen Final Weight ~ Seal Bayard @ Orange Park _ 03/02/2017 03/09/2017 Collected From Date Collactaa Date Received Pursuant to Chapter 550.2415 (1), F.S., the public disclosure of the information contained in this Report of Positive Rasuit is authorized on or after 94/07/2017, of upon commencement of administrative action, wnicnaver ‘occurs first, wt AL, —_ fi Mab Margaret. Wilding, FAOAG Patrick T. Russell Associate Director Chemist IV Univarsity of Florida Racing Lab iSONEC 17025-2005 i Contficare # AT-1842 Page 1 of 5 17-183 The Foundation for The Gator Nation ‘An qual Opportunicy inatiration EXHIBIT “B” iste _ 4M DATE ES 130199 UF ELORIDA eel ll FINISH College of Medicine Department of Pathology, Immunology and Laboratory Medicine Racing Laboratory March 29, 2017 Myr. Anthony J, Glover, Director OWNER'S Division of Pari-Mutuel Wagering WITNESS Tenuta Department of Business and Professional Regulation . 2601 Blair Stone Road QWNERS Tallahassee, FL 32399-1037 cone a 35) TATTOO NUMBER =) RL.152-01 RE: Recor of Positive Result Semple 130199 has been analyzed by tiquid chromatography-tandem mass Spectrometry (LC-MS/MS) and found 10 contain the following: benzoytecgonine found in urine banzoYecgonine is a metabolite of cocaine (cocaine Is a loca! anesthetic and class 1 Grug) - the concentration of benzoylecgonine is 12 ng/mL. €262997-FDU Dog Urine 49.29 INTACT Laboratory Number Specimen Final Weight Seat Bayard @ Orange Pak 03/05/2017 09/09/2917 Collected From Oate Collected Date Received Pursuant to Chapter £50.2415 (1), F.S., the public disclosure of the information contained in this Report of Positive Result is authorized on or after 0/07/2017, of upon commencement of administrative action, whichever occurs first Wass CELL Margarahy) Wilding, FAORC Patrick T. Russell ~ Associate Ditector Chemist lV "University of Florida Racing Lab i ISO“EC 17025-2005 ' Conticate # AT-1662.- Page 1 of 1 17-184 The Foundation for The Gator Nation ‘An Equal Opporturity fratiterton EXHIBIT “C”

Docket for Case No: 17-003341PL