FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 1/10/2018 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 No. 2017-023952 v. JOSE A. DIAZ-SANCHEZ, Respondent. i ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”), files this Administrative Complaint against Jose A. Diaz-Sanchez (“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, Respondent held a slot combo professional license, number 9837495-1055, issued by the Division. 3. At all times material, Respondent was employed as a cage cashier at Gulfstream Park. 4. On or about January 28, 2017 — January 30, 2017, Respondent provided large amounts of unauthorized free play to patrons at the casino at Gulfstream Park. St On or about January 30, 2017, Respondent was terminated from his employment and permanently excluded from Gulfstream Park. 6. COUNT I Petitioner hereby re-alleges and incorporates the allegations contained within paragraphs one through five, as though fully set forth herein. 7. 8. by attempting to win for himself or for another, money or property or a combination thereof or reducing or attempted to reduce a losing wager in connection with slot machine gaming by trick, Section 551.109(3), Florida Statutes, states: Any person who knowingly excludes, or takes any action in an attempt to exclude, anything of value from the deposit, counting, collection, or computation of revenues from slot machine activity, or any person who by trick, sleigh-of-hand performance, a fraud or fraudulent scheme, or device wins or attempts to win, for himself or herself or for another, money or property or a combination thereof or reduces or attempts to reduce a losing wager in connection with slot machine gaming commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Based on the foregoing, Respondent violated Section 551.109(3), Florida Statutes, fraud or fraudulent scheme, or device on or about January 28, 2017 — January 30, 2017. 9. COUNT II Petitioner hereby re-alleges and incorporates the allegations contained within paragraphs one through five, as though fully set forth herein. 10. 11. by providing large amounts of free play to patrons while employed as the cage cashier at Section 551.109(5), Florida Statutes, states: Theft of any slot machine proceeds or of property belonging to the slot machine operator or licensed facility by an employee of the operator or facility or by an employee of a person, firm, or entity that has contracted to provide services to the operator or facility constitutes a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. Based on the foregoing, Respondent violated Section 551.109(5), Florida Statutes, Gulfstream Park on or about January 28, 2017 — January 30, 2017. COUNT III 12. Petitioner hereby re-alleges and incorporates the allegations contained within paragraphs one through six, as though fully set forth herein. 13. Section 550.0251(6), Florida Statutes, provides in relevant part that “[t]he division may exclude from any pari-mutuel facility within this state any person who has been ejected from a pari-mutuel facility in this state...” 14. Based on the forgoing, Respondent is subject to exclusion from all pari-mutuel facilities within the state by virtue of violating Section 550.0251(6), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Division enter an Order against Respondent imposing one or more of the penalties specified in Section 550.0251, Florida Statutes, together with any other relief the Division is authorized to impose pursuant to Chapter 550, Florida Statutes, and the rules promulgated thereunder. Signed this 9th day of January, 2018. /s/ Charles Dewrell CHARLES DEWRELL Deputy Chief Attorney Florida Bar No. 0102579 Charles. Dewrell@MyFloridaLicense.com /[s/ Louis Trombetta LOUIS TROMBETTA Chief Attorney Florida Bar No. 108119 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 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.

Docket for Case No: 18-004192PL