Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI] cate 3/47/2047 DIVISION OF PARI-MUTUEL WAGERING File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CASE No. 2017-011202 Vv. JORGE I. NAVARRO, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wager- ing (“Petitioner”), files this Administrative Complaint against JORGE I. NAVARRO (“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 1300060-1021, issued by the Division. 3. At all times material hereto, Respondent was the trainer of record of the racing horse “MINECRAFT,” tattoo number N27461. 4. On February 8, 2017, “MINECRAFT” finished in second place in the fifth race at Tampa Bay Downs. 5. Tampa Bay Downs is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under Chapter 550, Florida Statutes. 6. On February 8, 2017, a Division employee collected urine sample number 045881 from “MINECRAFT.” 7. Sample number 045881 was processed in accordance with established procedures and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 8. The lab tested sample number 045881 and found that it contained benzoylecgonine at a concentration level of 95 ng/mL and ecgonine methyl ester at a concentration level of 30 ng/mL. 9. Benzoylecgonine is a metabolite of cocaine, which is a local anesthetic and a Class 1 drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. 10. | Ecgonine methyl ester is also a metabolite of cocaine, which is a local anesthetic and a Class | 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 (2016), “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 medica- tions 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 (2016), states, “[t]he finding of a prohibited substance in a race-day specimen constitutes prima facie evidence that the substance was admin- istered and was carried in the body of the animal while participating in the race.” 13. Rule 61D-6.002(1), Florida Administrative Code (2015), provides, "[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." 14. Based on the foregoing, Respondent violated Section 550.2415(1)(a), Florida Stat- utes (2016), by racing “MINECRAFT,” a horse determined to have a prohibited substance present resulting in a positive test for such medications or substances based on samples taken from “MINECRAFT” before or immediately after the racing of “MINECRAFT” on February 8, 2017. WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing against Respondent one or more of the penalties specified in Rule 61D-6.011, Florida Adminis- trative 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. (SIGNATURE APPEARS ON FOLLOWING PAGE) Signed this 16" day of March, 2017. MATILDE MILLER, Interim Secretary Department of Business and Professional Regulation /s/ Charles Dewrell Charles Dewrell, Esq. Assistant General Counsel Florida Bar No. 102579 Office of the General Counsel Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, Florida 32399-2202 Telephone: (850) 717-1768 Facsimile: (850) 921-1311 /s) Wiliam Hall William D. Hall Chief Attorney Florida Bar No. 67936 Office of the General Counsel Division of Pari-Mutuel Wagering Department of Business and Professional Regulation NOTICE OF RIGHTS Please be advised that within twenty-one (21) days of your receipt of this administrative complaint you have the right to request an administrative hearing. Any such hearing would be conducted in accordance with the provisions of Sections 120.569 and 120.57, Florida Statutes, and you would have the right to be represented by counsel or other qualified representative, to call and examine witnesses, and to have subpoenas issued on your behalf. However, if you do not file (i.e., we do not receive) your request for hearing within the twenty-one (21) days, you will have waived your right to any hearing. Please also be advised that mediation is not available in this matter NOTICE OF RIGHT TO REQUEST A SPLIT SAMPLE With respect to the “Report of Positive Result” from the University of Florida Racing Labor- atory (UF Racing Laboratory) here supplied you and attached as Exhibit A 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 Stew- ards/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. Receivec ‘pare_FEB 0827 Q45881 w SALIX (CHECK IF Neco UF HH ORIL of Anima, Moe ecock FLORIDA [coronO¥b\@rsex G ace 1 College of Medicine FINISH. RACES Department of Pathology, Immunology and Laboratory TRACK Tampa Bay Downs Racing Laboratory OWNER Sloker Racing AC Voce March 08, 2017 THARER . SAMPLED BY Mr. Anthony J. Glover, Director PacoMocan Division of Pan-Mutuel Wagering WITNESS (SIGNATURE) Department of Business and Professiona! Regulation OWNER’S % bay oc. lal pn 2601 Blair Stone Road WITNESS TSHGNATUREL Tallahassee, Fl. 1037 = TATTOO NUMBER (TAY RE: Report of Positive Result Ree Sample 045881 nas been analyzed by liquid chromatography-mass spectrometry (LC-MS) and tound to contain the following benzoylecgonine tound in urine benzoylecgorine is a metabolite of cocaine (cocaine is a local anesthstic and class 1 drug) - the concentration of benzoylecgonine is 92 ng/mL. ecgonine methyl ester found in urine ecgonine methy! ester is a metabolite of cocaine (cocaine is & iocal anesthetic and class 1 drug) - the concentration of ecgonine methyl ester is 30 ng/mL. C257593-FHU Horse Urine 4549 INTACT Laboratory Number Specimen Final Weight Seal Tampa Bay Downs 02/08/2017 02/16/2017 Coliactad From Date Collected Date Recelved Pursuant to Chapter 550.2415 (1), F.S., the public disclosure of the information containec in this Report of Positive Result is authorized on or after 03/17/2017, or upon commencement of administrative action, whichever occurs first. Margaret H. Sina, FAORC mn Patrick T. Russell Associate Director Chemist IV [ Univarciey of Florida Racing Lab | ISOAEC 17025-2005 Ceniificate # AT-1642 Page 1 of 1 17-161 The Foundation for The Gator Nation An Bquel Opportunity Institution EXHIBIT “A”

Docket for Case No: 18-000402PL

Orders for Case No: 18-000402PL