FILED Department of Business ano Professional Regulation Ceputy Agency Clerk STATE OF FLORIDA cise taraennoee DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI] cste 7/28/2017 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CASE No. 2017-036121 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. At all times material hereto, Respondent was the trainer of record for the racing greyhound “WW’s DRIERITE,” with tattoo number 54463835. 4. On July 3, 2017. “WW’s DRIERITE” participated in the 14"" race of the Jacksonville Kennel Club performances at Orange Park Kennel Club. 5. 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. 6. Jacksonville Kennel Club also holds a permit to conduct pari-mutuel wagering, having been issued permit number 145-1000 by the division. 7. Jacksonville Kennel Club conducted pari-mutuel wagering activities using the facilities at Orange Park Kennel Club on July 3, 2017 8. | “WW’s DRIERITE” finished in 4" place of the 14" race 9 On July 3, 2017, a Division employee collected urine sample number 150910 from “WW’'s DRIERITE” 10. Urine sample number 150910 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. Il. The lab tested urine sample number 150910 and found that it contained benzoylecgonine. which is a metabolite of cocaine and a Class | drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioner, Inc. 12. Benzoylecgonine was found at a concentration level of 21 ng/mL in urine sample number 150910. 13. 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 14. 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.” 15. 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." 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 27" day of July, 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@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” & “B” 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. FLORIDA College of Medicine partment of Pathology, imununclogy and Laboratory Medicine Mr. Antnony J. Glover, Dir Oivisten of -Mutuel Wagering Department of Business ano Prote: 2601 blair Stone Boag Tallehasses, Fil. 32399-1 nai Requ ation benzoylecgonine found in urine ban netacolita < Den2oyiscgonina is 21 ag/m! ry Number Senna C Collected From Pursuant to Chapt Positive Resuit is aut s first Cate Cotlecte DATE 4-1] 5QG1Q URINE - animal Adit “s Pr) erie coton £7 sex Face HL FINISH TRAINER AVEtCtE Stee we er tt Bo oe SAMPLED BY i at Pall F# OWNER'S WITNESS Rarer oa TATTOO NUMBER _3 44 (2 3% 3S RL.152-01 -tancam mass spectrometry (1LD-MS/MS) and found 3 (cocaine is @ |ocal anesthetic ard class 1 drug) - the consentration of a Data Recelved 1.2415 (1), F.S., toe puble dsclosure ot the information Contained ir this Rapar of ized or. or after 08/04/2917, or upor commoncament of administrative action, whichever Patrick T. Russell Cremisi IV Margaret H. Associate Di EC 17028-2005 Canificate # AT-1642 The Foundation for 7 An Squel Opporcasty inaurution e Gator Nation EXHIBIT A 2 on

Docket for Case No: 17-005000PL