FILED Department of Business and Professional Regulation AGENCY CLERK STATE OF FLORIDA cuerx Ronda L. Bryan DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI] vate 2/6/2017 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CASE No. 2017-004271 V.. CHARLES F. MCCLELLAN, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wager- ing (“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 pur- suant 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. At all times material hereto, Respondent was the trainer of record of the racing grey- hound “WW’S FLICKA.” 4. On or about January 7, 2017, “WW’S FLICKA” participated in the 7th race of the evening performance at Orange Park. 5. Orange Park is a facility operated by a permitholder authorized to conduct pari- mutuel wagering in this state under Chapter 550, Florida Statutes. 6. | Onor about January 7, 2017, “WW’S FLICKA” finished in 6th place in the 7th race. 7. On or about January 7, 2017, a Division employee collected urine sample number 121383 from “WW’S FLICKA.” 8. Urine sample number 121383 was processed in accordance with established proce- dures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. COUNTS ONE AND TWO 9. Count 1: The lab tested urine sample number 121383 and found that it contained benzoylecgonine, a Class | drug under the Uniform Classification Guidelines for Foreign Sub- stances, as promulgated by the Association of Racing Commissioners, Inc. 10. Count 2: The lab tested urine sample number 121383 and found that it contained ec- gonine methyl ester, a Class 1 drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. 11. 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 pro- hibited 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. 12. Section 550.2415(1)(c), Florida Statutes , states, “[t]he finding of a prohibited sub- stance 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.” 13. 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... greyhound he/she enters to race." 14. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Stat- utes, by racing “WW’S FLICKA” with any drug, medication, stimulant, depressant, hypnotic, local anesthetic, or drug-masking agent in its body.” WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing 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 on Respondent. Signed this 3rd day of February, 2017. /s/ Louis Trombetta Louis Trombetta Deputy Chief Attorney Florida Bar No. 018119 Louis. Trombetta@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 wit- nesses 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 Adminis- trative 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” & “B” to the Administrative Complaint), please be advised you have a right to request a split sample pur- suant 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. D4-28-17706: 212M: UF UNIVERSITY of FLORIDA College of Medicine Department of Pathology, Racing Laboratory January 26, 2017 Mr. Anthony J. Glover, Diractor Ouvision of Pari-Mutual Wagering Immunology and Laboratory Medicine Deparment of Business ang Professional Regulation 260) Blalr Stone Road Tallahassee, Fl. 32399-1037 RE: Report of Positive Aesuit Sample 121383 has been analyzed by fiqu the foliowing: henzoylecganing found in urine benzoylecgonine is a metabotite of cecaine benzoylecgonine is 25.8 ng/mL. ecgonine methyl aster tound in urine Segonine mathyi ester is a metabolite of cocaine (cocaine Concentration of ecgcnine methy: astar is 5.9 ng/mL. C€250273-FDU Dog Urine Laboratory Number Specimen Bayard @Orange Park Collected From Pursuant to Chapter 560.2415 (1), Positive Result is authorized on or Occurs first. (cocaine is a loca! anesthetic anc class 1 drug) - We oy HF oN Operatic ore LH? 121383 URINE ANIMAL coron LA. sex ial pe OWNER'S WITNESS aaa OWNER'S WITNESS Tattoo NumBER SoL{aI it RL.152-01 id chromatograpnhy-mass SPSCIOinwny (Uma) anc round to contain the concentration of 'S @ local anesthetic and clase 1 Orug) - the 38.19 INTACT Final Weight Seal __01/07/2017 __0112/2017 Date Collacteo Date Received F.S., the public disclosure of the information contained in this Report of after 02/04/2017, or upon commencement of agministrative action, whichever iding, FAORC Patrick T. Russell Associate Director Chemist 1v | Univarsity of Florida Racing Lab ¢ | ‘SOAEC 17025-2005 Canifcate # AT-164 2 | ‘ertifcate 2 ; Pagen oa 17-135 The Foundation for The Gator Nation ‘An Equal Oppornunity insstuen EXHIBIT “A”

Docket for Case No: 17-003556PL