FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evetie Lawson Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT]| nae 11/46/2016 DIVISION OF PARI-MUTUEL WAGERING Filo # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CASE NO. 2016-040548 v. JOSE R. GAROFFALO, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wager- ing (“Petitioner”), files this Administrative Complaint against Jose R. Garoffalo, (“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. Respondent’s address of record is reported as 644 NW 158" Lane, Pembroke Pines, FL 33028. 3. At all times material hereto, Respondent held a pari-mutuel wagering professional individual occupational license, number 893393-1021, issued by the Division. 4. At all times material hereto, Gulfstream Park was a facility operated by a per- mitholder authorized to conduct pari-mutuel wagering in this state under Chapter 550, Florida Statutes. 5. Onor about August 26, 2016, groom Mario Andres escorted the racing horse “JOEY SIX PACK,” a racing horse trained by Respondent, to the State Detention Barn at Gulfstream Park 6. At all times material hereto, Mario Andres was under the employment or supervision of Respondent. 7. At all times material hereto, Mario Andres held an expired occupational license. 8. Section 550.105(4), Florida Statutes, provides that, “it is unlawful to take part in or officiate in any way at any pari-mutuel facility without first having secured a license and paid the occupational license fee.” 9. Rule 61D-2.2025, Florida Administrative Code, provides that, “no person shall con- spire with, solicit, aid, abet, counsel, hire, or procure any other persons to engage in a violation of Chapter 550, Florida Statutes, or the rules promulgated thereunder...” 10. Based on the foregoing, Respondent violated Rule 61D-2.025, Florida Administra- tive Code, by conspiring with, soliciting, aiding, abetting, counseling, hiring, or procuring Mario Andres to work on the backside of Gulfstream Park when Mario Andres did not hold a valid oc- cupational license. WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing against Respondent one or more of the penalties specified in 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 15th day of November, 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation /s/ Caitlin R, Mawn CAITLIN R. MAWN Florida Bar No. 99545 Deputy Chief Attorney Ls Wiliam Hall WILLIAM D. HALL Florida Bar No. 67936 Chief Attorney Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, Florida 32399-2202 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 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.

Docket for Case No: 18-004255PL