FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 7/27/2018 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR Case Nos. 2018-031371 7 2018-035657 RALPH G. ZIADIE, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner” or “Division”), files this Administrative Complaint against Ralph G. Ziadie (“Respondent”) and alleges as follows: 1. 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 individual occupational license, number 15609-1021, issued by the Division. By At all times material hereto, Gulfstream Park and Tropical Park are facilities operated by permitholders authorized to conduct pari-mutuel wagering in this state under chapter 550, Florida Statutes. 4. Section 550.2415(1)(a), Florida Statutes, provides that: 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 Page | of 8 on samples taken from the animal before or immediately after the racing of that animal. 5. 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.” 6. 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 horses...he/she enters to race.” COUNT I DBPR Case No. 2018-031371 7. Petitioner hereby realleges and incorporates the allegations contained within paragraphs one through six as though fully set forth herein. 8. At all times material hereto, Respondent was the trainer of record for a racing horse named “TELESA,” with tattoo number “Q07033.” 9. On May 19, 2018, “TELESA” participated in the first race of the afternoon performance at Gulfstream Park performed by Tropical Park (“the first race”). 10... “TELESA” finished in second place in the first race. 11. On May 19, 2018, a Division employee collected blood serum sample number 910620 from “TELESA.” 12. Blood serum sample number 910620 was processed and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 13. The lab tested blood serum sample number 910620 and found that it contained flunixin and phenylbutazone, which are anti-inflammatories and Class IV drugs under the Page 2 of 8 Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners Intentional, Inc. 14. Flunixin was detected at a blood serum concentration of 4.86 +/- 0.13 ng/mL in blood serum sample number 910620. 15. Phenylbutazone was detected at a blood serum concentration of 1.645 +/- 0.025 g/mL in blood serum sample number 910620. 16. According to rule 61D-6.008(3)(a), Florida Administrative Code, flunixin detected at a secondary blood serum concentration greater than 3 ng/mL is prohibited. 17. According to rule 61D-6.008(3)(c), Florida Administrative Code, phenylbutazone detected at a secondary blood serum concentration greater than 0.3 ug/mL is prohibited. COUNT II 18. Petitioner hereby realleges and incorporates the allegations contained within paragraphs one through six as though fully set forth herein. 19. At all times material hereto, Respondent was the trainer of record for a racing horse named “PAY ANY PRICE,” with tattoo number “N20291.” 20. On June 3, 2018, “PAY ANY PRICE” participated in the fourth race of the afternoon performance at Gulfstream Park performed by Tropica! Park (‘the fourth race”). 21. “PAY ANY PRICE” finished in first place in the fourth race. 22. On June 3, 2018, a Division employee collected blood serum sample number 910321 from “PAY ANY PRICE.” 23. Blood serum sample number 910321 was processed and forwarded to the University of Florida Racing Laboratory (‘the lab”) for analysis. Page 3 of 8 24. The lab tested blood serum sample number 910321 and found that it contained flunixin and phenylbutazone, which are anti-inflammatories and Class 4 drugs under the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International, Inc. 25. Flunixin was detected at a blood serum concentration of 3.8 +/- 0.26 ng/mL in blood serum sample number 910321. 26. Phenylbutazone was detected at a blood serum concentration of 2.075 +/- 0.05 pg/mL in blood serum sample number 910321. 27. According to rule 61D-6.008(3)(a), Florida Administrative Code, flunixin detected at a secondary blood serum concentration greater than 3 ng/mL is prohibited. 28. According to rule 61D-6.008(3)(c), Florida Administrative Code, phenylbutazone detected at a secondary blood serum concentration greater than 0.3 ug/mL is prohibited. WHEREFORE, Petitioner respectfully requests the Division Director enter an Order imposing against Respondent, one or more of the penalties specified in rule 61D-6.011, Florida Administrative Code, sections 550.105(5)(b), Florida Statutes, and/or 550.2415(3)(a), Florida Statutes, and/or any other relief that the Division is authorized to impose pursuant to chapter 550, and/or the rules promulgated thereunder. (SIGNATURES APPEAR ON FOLLOWING PAGE) Page 4 of 8 This Administrative Complaint in DBPR Case Nos. 2018-031371 and 2018-035657 is signed this 26th day of July, 2018. /s/ James A. Lewis JAMES A. LEWIS Assistant General Counsel Florida Bar No. 1002349 James.Lewis@MyFloridaLicense.com /s/ Louis Trombetta LOUIS TROMBETTA Chief Attorney Florida Bar No. 0108119 Louis.Trombetta@MyFloridaLicense.com Office of the General Counsel Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 2601 Blair Stone Road, Mai! Stop N21 Tallahassee, Florida 32399-2202 Telephone: (850)-717-1585 Facsimile: (850) 921-1311 NOTICE OF RIGHTS TO REQUEST A HEARING Pursuant to sections 120.569 and 120.57, Florida Statutes, you have the right to request a hearing to challenge the charges contained in this Administrative Complaint. If you choose to request a hearing, you will have the right 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 your behalf. Any request for an administrative proceeding to challenge or contest the charges contained in this Administrative Complaint must conform to rule 28-106.2015, Florida Administrative Code. Pursuant to rule 28-106.111, Florida Administrative Code, you must request a hearing within 21 days from receipt of this Notice, or you will waive your right to request a hearing. Page 5 of 8 NOTICE OF RIGHT TO REQUEST A SPLIT SAMPLE Pursuant to rule 61D-6.006, Florida Administrative Code, you have the right to request a split sample with respect to each “Report of Positive Result” from the UF Lab. (Copy attached as Exhibits “A” and “B”). To request a split sample, use Form DBPR PMW-3290, Notification to Stewards/Judge of Split Sample Request (Form 3290). You can obtain Form 3290, as well as a list of approved split samples laboratories, at the State Office located in any Florida pari-mutuel facility, or on the Division’s website: www.myfloridalicense.com/dbpr/pmw/forms.html. You must submit Form 3290 to the state steward, Division hearing officer, or office of the General Counsel, within 10 days from receipt of this Notice, or you will waive your right to request a split sample. Page 6 of 8 58-12-18; 03: OPH; oui Qperseene ome S12 //8 9g 106: 20 UF GRID of Qf sxx | noe — FLORIDA ANIMAL — éles College of Medicine coror DRA) Be sex (Y\ ace —Z Department of Pathology, lnmun: d Labor Me ae chorale ology am aery FiNsH___2—__ Racing Laboratory RACE TRACK ; TRAINER _/C2 June 12, 2018 - nat SAMPLED BY /Y4% 20: Mr. Robert Ehrhardt, Director SAMPLED BY. (uAINe Division of Pari-Mutuel Wagering Dapartment of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, FL 32399-1037 LICENSE NUMBER RE: Report of Positive Result Sample 910620 has been analyzed by liquid chromatography-tandam to contain the tallowing: TATTOO NUMBER, RL.252-01 tunixin found in serum flunixin (an anti-inflammatary; analgesic ane class 4 drug} - the concentration of flunixin is 4.86 +/- 0.13 ng/mL. phenylbutazone found in serum phenylbutazone (an anti-inflammatory and ciass ¢ drug) - the concentration of phenylbutazone is 1.645 +/- 06.025 ygfmi. D046125-FHB Horse Serum 10.1 dig INTACT Laboratory Number Spacimen Final | Weight Seal Tropica) Park 05/18/2018 __ 08/22/2018 Collected From Date Collected Date Received Pursuarit to Chapter 650.2415 (1}, F.S., the public disclosure of the information contained in this Report of Positive Result is authorized on or atter 06/21/2018, or upon commencement of administrative action, whichever occurs first. DRoxige te AL. Wlileaane & Margaret H. ing, FAORC ~ David M. Tiffany, FAORC. As . sociate Direotor Chemist IV University of Florida Racing Las ISQMEC 17025-2005 ANAB Conrtificate # AT-1642 Page 1 of 1 48-199 The Foundation for The Gator Nation An @quat Opportunity Institution EXHIBIT A Page 7 of 8 GE- 20-985 U4 24PM; PMB Gaon or DATE OS1E SP 9 10 32 1 UF HORI Yn, FE ag fee College of Medicine COLOR A SEX AGE Department of Pathology, Immunology and Laboratory Me FINISH l RACE Racing Laboratory 3 TRACK jyno2s gore | TRAINER KA ph 2} , 201 ; “ne sampen By 23i¢ 1 Cabe = Mr. Robert Ehrhardt, Director SAMPLED BY pg Division of Pari-Mutuel Wagering yi Department of Business and Professional Regulation STATE ‘GatnEss) 2601 Blair Stone Road Jose Dp? . Tallahassee, FL. 32499-1037 OWNER’S meni E =) LD, LICENSE NUMBER — RE: Report of Positive Resutt TATTOO NUMBER 2024 RL.262-01 Sample $10321 has been analyzed by liquid chromatography-tanden to contain tha following: flunixin tound In serum flunixin {an antiinflammatory, analgesic and eiass 4 drug) - the concentration of flunixin is 3.6 +/- 0.26 ng/mL. phenylbutazone found In serum phenylbutazone (an anti-inflammatory and class 4 drug) - the concentration of phenylbutazone is 2.075 +/- 0.05 g/mL. D048905-FHA Horse Serum 10.39 INTACT Laboratory Number Specimen Final Weight Seal Tropical Park 06/03/2018 06/05/2018 Collected From Date Co#ected Date Received Pursuant to Chapter 550.2415 (1), F.S., the public disclosure of the Information contained in this Report of Positive Result is authorized on or after 07/05/2018, or upon commencement of adtninistrative action, whichever occurs first. BrboMbe David M. Titfany, FAORG Brooks Nelson Chemist V Chemist ltl University of Florida Racing Lab ISonec 17026-2005 | Conmmcate # AT- Page 1 of 1 18-215 ‘The Foundation for The Gator Nation ‘An Equal Opportunity (nstiiuzon EXHIBIT B Page 8 of 8

Docket for Case No: 18-004165PL