FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA i CLERK —_Evelte Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI] pate 4/20/2017 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CASE No. 2017-017835 2017-017896 V. 2017-017907 2017-017938 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 15, 23, and 27, 2017. 6. Pursuant to Section $50.2415(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 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.” 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. 2017-017835) 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 15, 2017, WW’s FLICKA participated in the 7th race of the Bayard performances held at Orange Park Kennel Club. 12, WW’s FLICKA finished in 4th place in the 7th race. 13. On March 1, 2017, a Division employee collected urine sample number 133562 from WW’s FLICKA. 14. Sample number 133562 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 10.7 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 15, 2017. COUNT II (DBPR Case No. 2017-017896) 1. Petitioner reallages and incorporates paragraphs one through eight as if fully set forth herein. 2. At all times material hereto, Respondent was the trainer of record of the racing greyhound “WW’s FLICKA” with tattoo number 53C-61000. 3. On March 23, 2017, WW’s FLICKA participated in the 7th race of the Bayard performances held at Orange Park Kennel Club. 4. WW’s FLICKA finished in 5th place in the 7th race. 5. On March 23, 2017, a Division employee collected urine sample number 133672 from WW’s FLICKA. 6. Sample number 133672 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (‘the lab”) for analysis. 7. The lab tested sample number 133672 and found that it contained benzoylecgonine at a concentration level of 36.5 ng/mL and ecgonine methyl ester at a concentration level of 5.5 ng/mL. 8. 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. 9. 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. 10. 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 23, 2017. COUNT III (DBPR Case No. 2017-017907) 11. Petitioner reallages and incorporates paragraphs one through eight as if set forth fully herein. 12. At all times material hereto, Respondent was the trainer of record of the racing greyhound “WW GREANMEANS GO” with tattoo number 14D-62928. 13. On March 27, 2017, WW GREANMEANS GO participated in the 12th race of the Bayard performances held at Orange Park Kennel Club. 14. WW GREANMEANS GO finished in Sth place in the 12th race. 15. On March 27, 2017, a Division employee collected urine sample number 133738 from WW GREANMEANS GO. 16. Sample number 133738 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 17. The lab tested sample number 133738 and found that it contained benzoylecgonine at a concentration level of 21.6 ng/mL. 18. 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. 19. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes, by racing WW GREANMEANS GO with a prohibited substance in the body of the animal on March 27, 2017. COUNT IV (DBPR Case No. 2017-017938) 1. Petitioner reallages and incorporates paragraphs one through eight as if set forth fully herein, 2. At all times material hereto, Respondent was the trainer of record of the racing greyhound “WW’s CHERRY POP” with tattoo number 14D-62928. 3. On March 27, 2017, WW’s CHERRY POP participated in the 11th race of the Bayard performances held at Orange Park Kennel Club. 4. WwW’s CHERRY POP finished in 3rd place in the 11th race. 5. On March 27, 2017, a Division employee collected urine sample number 129855 from WW’s CHERRY POP. 6. Sample number 129855 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 7. The lab tested sample number 129855 and found that it contained benzoylecgonine at a concentration level of 19.7 ng/mL. 8. 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. 9. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes, by racing WW’s CHERRY POP with a prohibited substance in the body of the animal on March 27, 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 19th day of April, 2017. /s/ Charles Dewrell CHARLES DEWRELL Assistant General Counsel Florida Bar No. 0102579 Charles. Dewrell@MyFloridaLicense.com 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 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 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 each “Report of Positive Result” from the University of Florida Racing Laboratory (UF Racing Laboratory) here supplied you (copies attached as Exhibits “A” - “D” 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.con/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. Rece:ves. Ror 12 2617 02:Sior ONG SEE 9 3 SHED URINE UF | UNIVERSITY of FLORIDA . College of Medicine Department of Pathology, Immunology and Laborarory Medicine Racing Laboratory Apri 12, 2017 Mr. Anthony J. Glover, Director Division of Pari-Mutuei Wagering Department of Business and Professional Regulation 2601 Blair Stone Road . , Tallahassee, FL. 32299-1037 5 ganeas = TATTOO NUMBER S22 OD RE: Report of Positive Rosylt RL.152-01 Semple 133562 has been analyzed by liquid chromatography-tandem mass Spectrometry (LU-Ms/my) ano rcuna to contain the following: benzoylecgonine found in urine benzoylecgonine Is 4 metabolite of cooaine (cocaine is a focal anesthetic and class 1 drug) - the concentration of benzoylecgonine is 10.7 ng/mL. C266143-FOU . Dog Urine 65.29 INTACT Laboratory Number Specimen Fina! Weight Seal Bayard @ Orange Park _ 09/15/2017 03/23/2017 Collected From Oate Collected Date Received Pursuant to Chapter 550.2415 (1), F.S., the Public disclosure of tha information contained in this Repon of Positlvé Resuit is authorized on or after 04/21/2017, or upon commencement of administrative action, whichever Occurs first. Margaret 1 ding, FAQRC Patrick ¥. Russei! * pnfan Associate Director Chemist IV | Univarsity of Floride Riscing Lab eo j ISONEC 17025-2005 | Soriteate wat-r042 passa BE 17ea The Foundation for The Gator Nation An Equal Opportunity Institution EXHIBIT “A” Received Aor 17 2017 09-F3 = a1 «pate 2435/72 1 33672 URINE TORT ANIMAL ce ace UF FLORIDA | UTE WLPS Fhe COLOR i 3 RACE College of Medicine Department of Pathology, Immunology and Laboratory Medicine Racing Laboratory TRACK OWNER April 12. 2017 TRAINER SAMPLED BY A FINISH Mr, Anthony J. Giover, Director Division of Pari-Mutuel Wagering OWNER'S Department of Business ard Protessiona’ Regulation WITNESS 2601 Blair Stone Roac g Tallahassee, FL. 32499-1037 Qwnens WITNESS ______--_-__—— rarroo Numeer S000 RE: Repor of Positive Result RL.152-01 Sampie 133672 has been ana to contain the following: lyzes by Iquid chromatography-tandem mass Spectrometry (LC-MS/MS) and found benzoylecgonine found In urine henzoylecgonine is a metabolite of cocaine (cocaltia is a ‘ocal anesthetic and class ! drug) - the concentration of benzoylecgonine is 36.5 ng/ml... ecgonine methyl estar found in urine ocgonine methyl aster is a metabolite of cocaine (cocaine is a local anesthetic and class 1 drug) - the concentration of ecgonine mathyl aster is 5.5 ng/mL. €267349-FDU Dog Urine $7.99 INTACT Laboratory Number Specimen, Fina! Weight Seal Bayard @Orange Park 03/23/2017 03/30/2017 Collected From Date Collectad Date Received Pursuant to Chapter 5$0.2615 (1). F.S., the public disclosure of the Information contained in this Report of Positive Result ls authorized on or atter 04; Occurs first. 21/2017, or upon com:nencement of administrative actlon, whichever Margaret H.\Widing, FAORC Associate Director Patrick ‘T. Russell Chemist IV University of Florida Racing Lab (SOUEe 17095-2005 Corficate v AT-1642 Page 1 of 1 17-209 The Foundation for The Gator Nation ‘An Equal Opportunity lnstitutlon EXHIBIT “B” for 17 3617 Sux Crees pate SATIZ 133738 roar! UNIVERSITY of ae Li) a/e UF FLORIDA College of Medicine Department of Pathology, immunology and Laboratory Medicine Racing Laboratory * April 12, 2017 Mr. Anthony J. Glover, Director Division of Pari-Mutue} Wagering Oepartment of Business and Professional Regulation 2601 Blair Stone Road s Tallahassee, FL 32399-1037 OWNERS RAS TATTOO NUMBER ! RE: Raport of Positive Rasylt AL.152-01 Sample 133738 has deen analyzed by liquid cnromatography-tandem mass Spectrometry (LC-MS/MS) and found to contain the tollowing: benzoylecgonine tound in urine benzoylecgonine is a metabolite of cocaine {cocaine !s a local anesthetic and class 1 drug) - the concentration of benzoylecgonine is 21.6 agimi. C267401-FDU Dog Urine 88.79 INTACT Laboratory Number Specimen Final Weight Seal Bayard: @Orange Park 03/27/2017 . 02/30/2017 _ Collacted From Date Collected Date Received Pursuant to Chapter 550.2415 (1), F.S., tha public disclosure of the Information contained in this Report of Positive Result is authorized on or after 04/21/2017, or ugon commencement of administrative action, whichever Occurs first. ding, FAORC Associate Diractor ic Chemist 1V | University of Flerita Recing Lab ISONEC 17025-2005 Contticars # AT-1642 Page 1 of 1 17-204 The Foundation for The Gator Nation ‘An Baul Opportunity Instinution EXHIBIT “C” -10- Received for 12 289 ann me pare 327-11 129855 URINE UF os of anima W'S Cherry To : FLORIDA coon BK sex age > . a u College of Medicine FINISH RACE _i-__ Department of Pathology, Immunology and Laboratory Medicine Is (Cc 148 Racing Laboratory TRACK - owner tte $a. a f e | qranen Chace McC! SAMPLED BY Apri! 12, 2017 Mr, Anthony J. Glover, Director Divis'on, of Pari-Mutuel Wagering Oapanment of Business and Professional Regulation 2601 Bialr Stone Road Tallahassee, Fi 32399-1037 ONess TERnT Npa T tatroo NumpER 334 63 RE: Report of Positive Result RL.152-01 Sample 129655 has bean anetyzed by liquid caromatography-tandem mass spactromalry (LC-MS/MS) end found to contain the following: benzoylecgonine found in urine banzoylecgonine is a metabolite of cocaine (cocaine is a local anesthetic and Cass 1 crig) - the concentration of benzoyiecgonine is 19.7 ng/mL. C267741-FOU Dog Urine 30.39 INTACT Laboratory Number Specimen Final Weight Seal Bayard @Orange Park 03/27/2017 02/31/2017 Collected From Oate Collected Date Received Pursuant to Chapter 550.2415 (1), F.S., the public disclosure of the intormation contained in this Report of Positive Result is authorized on or after 04/21/2017, of upon commencement ot administrative action, whichever Occurs first. Associate Director Chemist IV Univarsity of Flodga Racing Lab ISOAEC 17025-2005 | Coniticata # AT-1642 = onepet Wit _ i Margaret Hiding, FADAG Patrick T. Russell _ Page‘ of 1 17-205 The Foundation for The Gator Nation ‘An Equal Opportunity institution EXHIBIT “D” sili =

Docket for Case No: 17-003342PL