FILED Department of Business ano Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI) pate 5/24/2017 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CASE No. 2017-024143 2017-024147 v. 2017-024154 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 that holds a permit to conduct pari-mutuel wagering, having been issued permit number 148-1000 by the Division. 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 April 27, 2017, April 28, 2017, and April 29, 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 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. 2017-024143) 9. Petitioner realleges 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 April 27, 2017, WW’s FLICKA participated in the Sth race of the Bayard performances held at Orange Park Kennel Club. © 12. WW’s FLICKA finished in 1st place in the 13th race. 13. On April 27, 2017, a Division employee collected urine sample number 134617 from WW’s FLICKA. 14. Sample number 134617 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 134617 and found that it contained benzoylecgonine at a concentration level of 11 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 April 27, 2017. COUNT II (DBPR Case No. 2017-) 18. Petitioner realleges 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 April 28, 2017, WW’s CASTLE ROCK participated in the 10th race of the Bayard performances held at Orange Park Kennel Club. 21. WW’s CASTLE ROCK finished in 6th place in the 10th race. 22. On April 28, 2017, a Division employee collected urine sample number 134637 from WW’s CASTLE ROCK. 23. Sample number 134637 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 134637 and found that it contained benzoylecgonine at a concentration level of 18 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. 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 April 28, 2017. COUNT III (DBPR Case No. 2017-024154) 27. Petitioner realleges and incorporates paragraphs one through eight as if set forth fully herein. 28. At all times material hereto, Respondent was the trainer of record of the racing greyhound “WW’s LOST GIRL” with tattoo number 122F-60034. 29. On April 29, 2017, WW’s LOST GIRL participated in the 7th race of the Bayard performances held at Orange Park Kennel Club. 30. WW’s LOST GIRL finished in Ist place in the 7th race. 31. On April 29, 2017, a Division employee collected urine sample number 146800 from WW’s LOST GIRL. 32. Sample number 146800 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 33. The lab tested sample number 146800 and found that it contained benzoylecgonine at a concentration level of 11 ng/mL. 34. 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. 35. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes, by racing WW’s LOST GIRL with a prohibited substance in the body of the animal on April 29, 2017. WHEREF ORE, 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__23rd__ day of May, 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) 717-1209 Facsimile: (850) 921-1311 Af LOUIS TROMBETTA Chief Attorney Florida Bar No. 108119 Louis. Trombetta@MyF loridaLicense.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 swhpoenas 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. 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 Forn 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. 405M ews Opeese st “DATE ALL) 134617 URINE Teac ST¥ER Team ORE) UNIVERSITY o, ANIMAL UF SR soron Cikecr Enon 1B College uf Medicine FINISH RACE _s. Departnent of Pathology, Teununclogy and Laboratory Medicine TRACK i S ? (Zz { of £. OWNER Sacra ae TRAINER Chacles Me Callin SAMPLED ey Capen liz; Racing Laboratory Mr. Antnony J. Glover, Virector Oivision of Pari-Mutue! Wagering, Department of Businass and Professional Regulation 2601 Blalr Storia Road OWNER'S Taliahassee, FL 32309-1037 WITNESS ITT) TATTOO NUMBER 000 RE: Report of Poshive Result RL.152-01 Sample 154617 has been analy26d by liquid chromategraphy-tandem mass Spactromatry (LC-MS/MS) and found to contain the following: benzoylecgonine found in urine & benzoylecgonine is a metabolite ot cocaine (cocaine is a local anasthetic and class 1 Onug) - the concentration of benzoylecgonine is 11 ng/mL, C275119-FOU s Dog Urine 39.39 INTACT Laboratory Number Spsciman Final Weight Seal Bayard @Orange Park ; 04/27/2017 05/04/2017 Collected From Date Collected Date Received Pursuant to Chapter 550.2415 (1), F.S., the publle discicsre of the information containad in this Repor of Posttive Rasult Is authorized on or ater | 05/26/2017, or upon cammencament of administrative actlon, whichever occurs first. COM L Bard DT, 2) Patiick 7. T. Russell David M. Tiffany, FAORC Chemist IV Chemist IV y University of Flontda Racing Lab ISONEC 17025-2005 Contlicate # AT-1642 > Page 1 of 1 17-246 The Foundation for The Gator Nation An Equal Ogpormunity insbeuton Exhibit A °2-17:68 H _ Puy aera pate 128-17 1 34637 URINE (SPECI Olean THAN URINE ’ UF FLORIDA OT A College of Medicine FINISH Lp nace JO Department of Pathology, Immunology and Laboratory Medicine TRACK : Racing Laboratory own, S Var TRAINER COS | SAMPLED BY. May 17, 2017 Mr. Anthony J. Glover, Director Olvision of Pari-Mutuel Wagaring: Department of Business and Professional Regulation OWNER’S WITNESS Toonatony 2601 Blair Stone Road OWNER'S Tallahassee, FL 32399-1037 WITNESS eT TC vy TaTTO0 NuMBER LSC US 74G RL.152-01 RE: Report of Positive Pesuit Sample 134637 nas been analyzed by liquid chromatography-tandem mass Spectrometry (LC-MS/MS) and tound {0 contain the following: benzoylecgonine found in urine benzoyiecganine is a metabolite of cocaine {cocaine !s 4 local anesthetic and class * drug) - the concentration of banzoylecgonine Is 18 ngimL. C275%28-FOU Dog Urine 36.19 INTACT Laboratory Number Specimen Finat Weight Seai Bayard @Orange Perk 04/28/2017 05/04/2017 Collected From Date Coliectec Date Received Pursuant 10 Chapter $50.2415 {1), F.S., the public disclosure of the information contained in this Report of Positive Result is authorized on-or after 05/26/2017, or upon commencement of administrative action, whichever occurs first. \ LE Mot seat rg) Patrick T. Russell David M. Tiffany. FAORC Chemist IV Chemist tv University of Florida Raclng Lab ISOREC 17025-2005 | Canificato # AT-16¢2 | Page 1 of i 17-245 The Foundation for The Gator Nation ‘An Equal Opportunity instination Exhibit B Ptr, ss ceth' pare fat 9 4 EBQG URINE ae UNIVERSITY of anmar 2S Lest Get UF FLORIDA con_B sex © pag FE College of Medicine FINISH | RACE _ 7. Departinent of Pathology, imurciogy and Laborstory Medicine TRACK S7@(4 4 Racing Laboratory owner Steve Sarras trainer Cha (les SAMPLED BY May 17, 2017 Mr. Anthony J. Glover, Director Oivision of Pari-Mutue Wagering Gepartment of Business and Protessior.a} Hegulation OWNER'S WITNESS a 2604 Blair Stone Road OWNER’S Tallahassee, Fi. 32399-1097 WITNESS TATTOO NuMBER _[Sot2902 Repon cf Positive Result RL.152-01 Sample 146800 nas been analyzad by tiguid cnromalography-taagem mass Specirometry (LC-MS/MS) and foun {0 contain tne following: benzoylecgonine found In urine Denzoyiecgorung is a macadolite ct cocaine (eccaine is a local anesthetic and class t Ofug) - the cancentration of Ganzoyiecgonine Is 11 ngimt. €275064-FOU Oog Urine INTACT Plt. corn —_. Laboratory Numbor Specimen 3 Seal Bayard @Orange Park yess 04/26/2017 . __ 05/06/2017 Collected From Date Collected Oate Recelved Pursuant to Chapter 550.2415 (1), £.S., the Public disclosure of tne information conteinud in this Report of Positive Result is authorized on or utter 08/26/2017, or upon Commenceamont ct administrative action, whichever Occurs first, i (ans a. Atel pn _ Patrick T. Russell David M. Titany, FAORC Chemist tv Chemist |v nvaryiry 0° Floria Pacing Lao SOMEC 17025-2005 Camiticere # aT-1842 we 1 of 1 17-247 The Poundation for The Gator Nation An Bque! Opportunity Ussrusen Exhibit C

Docket for Case No: 17-003344PL