FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK —_Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI] pate 6/14/2017 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CASE No. 2017-027351 2017-027362 V. 2017-027380 NATASHA L.NEMETH, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”), files this Administrative Complaint against Natasha L. Nemeth (“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 1615438-1021, 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. 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. 5. 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.” 6. 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. 2017-027351) 7. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 8. At all times material hereto, Respondent was the trainer of record of the racing greyhound “WW GREEN MEANS GO” with tattoo number 14D62928. 9. On May 20, 2017, “WW GREEN MEANS GO” participated in the 14th race of the performances held at Orange Park Kennel Club. 10. “WW GREEN MEANS GO” finished in 3rd place in the 14th race. 11. On May 20, 2017, a Division employee collected urine sample number 147013 from “WW GREEN MEANS GO.” 12. Sample number 147013 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 13. The lab tested sample number 147013 and found that it contained benzoylecgonine at a concentration level of 10 ng/mL. 14. 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 promul gated by the Association of Racing Commissioner, Inc. 15. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes, by racing “WW GREEN MEANS GO” with a prohibited substance in the body of the animal on May 20, 2017. COUNT II (DBPR Case No. 2017-027362) 16. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 17. At all times material hereto, Respondent was the trainer of record of the racing greyhound “DENNIS LEARY” with tattoo number 14B62953. 18. On May 22, 2017, “DENNIS LEARY” participated in the 6th race of the performances held at Orange Park Kennel Club. 19. “DENNIS LEARY” finished in 3rd place in the 6th race. 20. On May 22, 2017, a Division employee collected urine sample number 150431 from “DENNIS LEARY.” 21. Sample number 150431 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 22. The lab tested sample number 150431 and found that it contained benzoylecgonine at a concentration level of 12 ng/mL. 23. 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. 24. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes, by racing “DENNIS LEARY” with a prohibited substance in the body of the animal on May 22, 2017. COUNT III (DBPR Case No. 2017-027380) 25. Petitioner realleges and incorporates paragraphs one through six as if set forth fully herein. 26. At all times material hereto, Respondent was the trainer of record of the racing greyhound “PRINCIPAL” with tattoo number 103B62489. 27. On May 22, 2017, “PRINCIPAL” participated in the 14th race of the performances held at Orange Park Kennel Club. 28. “PRINCIPAL” finished in 6th place in the 14th race. 29. On May 22, 2017, a Division employee collected urine sample number 150438 from “PRINCIPAL.” 30. Sample number 150438 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 31. The lab tested sample number 150438 and found that it contained benzoylecgonine at a concentration level of 16 ng/mL. 32. 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. 33. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Statutes, by racing “PRINCIPAL” with a prohibited substance in the body of the animal on May 22, 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 14th day of June 2017. /s/ Charles Dewrell CHARLES DEWRELL Assistant General Counsel Florida Bar No. 0102579 Charles. Dewrell@MyFloridaLicense.com /s/ Louis Trombetta LOUIS TROMBETTA Chief Attorney Florida Bar No. 018119 Louis. Trombetta@MyF loridaLicense.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 swbpoenas 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 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. en ei em, pate S-20~i7. 147013 URINE TT TEFEEOY OTHER TRAN URE) UNIVERSITY of NW Green means So FLORIDA ‘wna C COLOR sex ace 4. College of Medicine . es FINISH 5 RACE ied, Department of Pathology, Immunology and Laboratory Medicine f Y Reang Laboratory TRACK ig owner Jah wad June 08, 2017 Mr. Anthony J. Glover, Director Division of Pari-Mutuel Wagering f Department of Business and Professional Regulation cane 2601 Blair Stone Road Tallahassea, FL 32399-1037 OWNER'S WITNESS aR FAG i TATTOO NUMBER AES Re f Positlve Result E; eport of Positive Resu AL.152-01 Sample 147013 has been analyzed by liquid chrometography-tandem MBBS opcewueuy (LU-iwicy ma) eng Touno to contain the fallowing: benzoylecgonine found in urine benzoyiecgonine is a metabolite of cocaine (cocaine is 8 foca! anesthetic and class 1 Ofug) - the concentration of DEnzZoylecgonine is 10 ng/mL C278163-FDU Deg Urine 47.69 INTACT Laboratory Number Specimen Final Weight Seal Orange Park Kennel Club _ 05/20/2017 05/25/2017 Collected From Dale Collected Date Recelved Pursuant to Chapter 550.2415 (), F.S,, the public disclosure of the information contained in this Report ot Positive Result is authorized on or after 06/17/201 7, Of upon commencement of administrative action, whicheve; Occurs first. Bard yy Za e nh ding, FAORC David M. Tiffeny, FAORC Associete Director Chemist 'v — = } University ot Florida Racing Lap ISONEC 17025-2005 Cantificete # aT-1642 L me Page 1 of 1 17-258 The Foundation for The Gator Nation An Equant Opponunity Institution EXHIBIT A bt apy cate 22771145043] URINE UF UNIVERSITY of anima Deans Leorg FLORIDA COLOR SEX M. AGE 1 College of Medicine FINISH RACE Department of Pathology, Taununology and Laboratory Medicir K 14s Racing Laboratory TRAC! f S OWNER arr June 08, 2017 trawnen Vatasha Veout, — SAMPLED BY nN Mr. Anthony J. Gover, Director Division of Pari-Mutuei Wagering Department of Business and Professional Regulation 2601 Glair Stone Road OWNER'S WITNESS ITN Taahassee, FL 32399.1037 SrNERS TATTOO NUMBER RE: Report of Positive Resuit RL.152-01 Sample 150431 has been analyzed by liquid snromatog’aphy-tandem mass Spectrometry (LC-MS/MS) and found 10 contain the following: benzoyleegonine found in urine benzoylecgonine is 2 metabdciite of cocaine (cocaine Is 2 local anesthetic and class 1 drug) - the cencentration of benzoylecgonine is 12 ng/mt. C278285-FDU Dog Urine 23.79 INTACT Laboratory Number Specimen Final Weight Seal Orange Park Kennel Club _ _ 5/22/2017 98/25/2017 _ Collected From Date Collected Date Heceived Pursuant to Chapter 550.2415 (3), F.S., the public disclosure of the information Contained in this Report of Positive Result is authorized on or after 06/1 7/2017, or upon comm encemsnt of administrative action, whichever occurs first, Warepe cA tal Gur. — Mand 7 Margaret H ding, FAORC Cavic M. Titlany, FAORC Associate Director Chemist tv University of Florida Racing Lab | SSOAEC 17028-2005 l | Certificate « AT-1842 } Page tof1 47-260 The Foundation for The Gator Nation ‘An Equal Opportunity Inst tunes EXHIBIT B I PAR Ceers UF! UNIVERSITY of College of Medicine Departmen: of Pathology, Immunology and Laboratory Medicir Racing Laboratory June 06, 2017 Mr. Anthony J. Glover, Director Division of Par-Mutuel Wagering Dapartment of Business and Professional Regulation 2601 Blair Stone Road Tallanassee, Fl. 32399-1037 RE: Report of Positive Result ont 3-22-04 50.4 38 URINE Weer af OER Yan CARE ANIMAL, coton BK sex face 13 rinish__(2 pace _ Ly track LYS OWNER TRAINER & SAMPLED ey_Caseyp "arg OWNER'S WITNESS ———________ OWNER'’S WITNESS ——————— TATTOO NUMBER HS BLIY34 RL.152-01 Samp'e 150438 has been analyzed by liquid chromatography-tandem MASS opecuuineiy (LU-momad) ang found to contain the following: benzoylecgonine found in urine banzoylecgonine is a Metabolite of cocaine (cocaine is a toca} anesthetic and class 1 rug) - the concentration of Senzoylecgonine is 16 nomi. C278284-FDU Dog Urine 542g INTACT Laboratory Number Specimen Final Weight Seal Orange Park Kennel Club = __ 95/22/2017 05/25/2017 - Collected From Pursuant to Chapter 550.2415 (1), F.S., the public disclosure of Positive Result is authorized on or after 06/17/2017, o¢ Occurs first. Fe Margaret 4 : FAO ( ) Assoclate Director HWiding, FAORG Chemist IV University of Florice Racing Lab | ISCMEC 17028-2o05 Canilicare @ AT-1642 : | __ | Page tott The Foundation for The Gator Nation ‘An Equal Opportunity Instituvon EXHIBIT C Date Collactee the Information contained in thie Report of upon Commencement of administrative action, whichever LY al AT. David M Tifany, FAORC Date Recaived 17-258

Docket for Case No: 17-003583PL