FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetie Lawson-Proctor Date 6/20/2018 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, Fedtones, DBPR Case No.: 2018-028343 y 2018-028365 ROHAN G. CRICHTON, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (‘Petitioner” or “Division”), files this Administrative Complaint against Rohan G. Crichton (“Respondent”) and alleges as follows: Ls 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 916923-1021, issued by the Division. 3. Gulfstream Park is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under chapter 550, Florida Statutes. 4. Section 550,2415(1)(a), Florida Statutes (2017), 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 on samples taken from the animal before or immediately after the tacing of that animal. Page | of 9 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 (2017), 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. 2018-028343) 7. Petitioner hereby realleges and incorporates the allegations set forth in 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 “DIZZY GILLESPIE,” with tattoo number “R16385.” 9. On April 28, 2018, “DIZZY GILLESPIE” participated in the third race of the afternoon performance at Gulfstream Park (“the third race”). 10. “DIZZY GILLESPIE” finished in first place in the third race. 11. On April 28, 2018, a Division employee collected blood serum sample number 909376 from “DIZZY GILLESPIE.” 12. Blood serum sample number 909376 was processed and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 13. The lab tested blood serum sample number 909376 and found that it contained caffeine, which is a central nervous system stimulant and Class II drug under the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners Intentional, Inc. Page 2 of 9 14. Caffeine was detected at a blood serum concentration of 558 ng/mL in blood serum sample number 909376. 15, According to rule 61D-6.008, Florida Administrative Code, no amount of caffeine is permitted to be detected in a race-day specimen taken from a racing horse. COUNT II (DBPR Case No. 2018-028343) 16. Petitioner hereby realleges and incorporates the allegations set forth in paragraphs one through twelve as though full set forth herein. 17. The lab tested blood serum sample 909376 and found that it contained theophylline, which is a bronchodilator/smooth muscle relaxant and Class III drug under the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International, Inc. 18. Theophylline was detected at a blood serum concentration of 24 ng/mL in blood serum sample number 909376. 19. According to rule 61D-6.008, Florida Administrative Code, no amount of theophylline is permitted to be detected in a race-day specimen taken from a racing horse. COUNT Ill (DBPR Case No. 2018-028365) 20. _ Petitioner hereby realleges and incorporates the allegations set forth in paragraphs one through six as though full set forth herein. 21. ‘At all times material hereto, Respondent was the trainer of record for a racing horse named “MARIEALENA,” with tattoo number “S21866.” 22: On April 28, 2018, “MARIEALENA” participated in the fourth race of the afternoon performance at Gulfstream Park (“the fourth race”). Page 3 of 9 23. “MARIEALENA” finished in second place in the fourth race. 24. On April 28, 2018, a Division employee collected blood serum sample number 909379 from “MARIEALENA.” 25. Blood serum sample number 909379 was processed and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 26. — The lab tested blood serum sample 909379 and found that it contained caffeine, which is a central nervous system stimulant and Class II drug under the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International, Inc. 27. Caffeine was detected at a blood serum concentration of 704 ng/mL in blood serum sample number 909379. 28. According to rule 61D-6.008, Florida Administrative Code, no amount of caffeine is permitted to be detected in a race-day specimen taken from a racing horse. COUNT IV (DBPR Case No. 2018-028365) 29. Petitioner hereby realleges and incorporates the allegations contained in paragraphs one through six and twenty through twenty five as though fully set forth herein. 30. The lab tested blood serum sample number 909379 and found that it contained theobromine, which is a diuretic/smooth muscle relaxant and Class IV drug under the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International, Inc. 31. | Theobromine was detected at a blood serum concentration of 12 ng/mL in blood serum sample number 909379. Page 4 of 9 32. According to rule 61D-6.008, Florida Administrative Code, no amount of theobromine is permitted to be detected in a race-day specimen taken from a racing horse. COUNT V (DBPR Case No. 2018-028365) 33. Petitioner hereby realleges and incorporates the allegations contained in paragraphs one through six and twenty through twenty five as though fully set forth herein. 34. The lab tested blood serum sample number 909379 and found that it contained theophylline, which is a bronchodilator/smooth muscle relaxant and Class III drug under the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International, Inc. 35. | Theophylline was detected at a blood serum concentration of 38 ng/mL in blood serum sample number 909379. 36. According to rule 61D-6.008(2), Florida Administrative Code, no amount of theophylline is permitted to be detected in a race-day specimen taken from a racing horse. WHEREFORE, Petitioner respectfully requests the Division Director enter an Order against Respondent, imposing one or more of the penalties delineated in rule 61D-6.011, Florida Administrative Code, including require the return of the entirety of the purses won by “DIZZY GILLESPIE” and “MARIEALENA,” section 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 NEXT PAGE) Page 5 of 9 The Administrative Complaint in DBPR Case Nos.: 2018-028343 & 2018-028365 is signed this 1 lth day of June, 2018. /s/JamesA. Lewis JAMES A. LEWIS Assistant General Counsel Florida Bar No. 1002349 James.Lewis@MyFloridaLicense.com /s/lLouis Trombetta LOUIS TROMBETTA Chief Attorney Florida Bar No. 0108119 Louis. Trombetta@MyF loridaLicense.com Office of the General Counsel Division of Pari-Mutue!l Wagering Department of Business and Professional Regulation 2601 Blair Stone Road, Mail Stop N21 Tallahassee, Florida 32399-2202 Telephone: (850)-717-1585 Facsimile: (850) 921-1311 Page 6 of 9 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. 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. (Copies attached below 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 7 of 9 05-24-18; 08: 12Pt; FWY Operations = ieee te f-2-2 }©=699909376 UNIVERSITY of = UF |FLORIDA wat _Lv22y Gi llepie Coliage af Medicine coon Chm Goat Department af Pathology, bumunology aid Laboratory Mev - Racing Laboratory rivien__7— race =o ranck 21-5 — May 24, 2018 TRAINER Rohan Ceichhy _ sampuen py 21s. Aeris _ Mr. Robert Ehrhardt, Director $< > Division of Pasi-Mutuel Wagering SAMPLED BY- 7 7 eh Department of Business and Professional Regulation STATE 2601 Blair Stone Road Tallahassee, Fl, 32399-1037 owner's X Y fen CIES Re: Ri { Postive R LICENSE NUMBER "Ries a Sampi Poe ie bon mevaeny ty ga 1 PL25201 me a chromatopraphytandem caffeine found in serum calfeine (a central nervous system stimulant and class 2 drug) - the concentration of caffaine is SS ng/mL. theophylline found in serum thecehyltne (a bronchadiatovemexth muscle relaxant and class crug)- the concentration of thecphtine is 24 D042658-FHB Horse Serum 39 INTACT Laboratory Number Specimen Final Weight Saal Gullstraam Park O4RB2018 05/01/2018 Collected From Date Collected Date Received Eleiant b Chenoa 90F 2418 (9) F.S., the public disclosure of the information contained in this Report of postive Paste authorized on or after 06/02/2018, or upon commencement of administrative action, whichever ‘cours Margaret fiding, FAORC Associate Unt ‘of Plotida Fiading hab Bone eee aon : Page {oft 18-185 ‘The Foundation for The Gator Nation (Ass Bquil Opportunity Imatitution David M. Tiffany, FAORC Chemist IV EXHIBIT A Page 8 of 9 05-24-19595: 12PM; Pu Ope ~*~ , oP 9093 39 UNIVERSITY of Saux —aos-ta UF |FLORIDA Collage of Medicine coronDAo/Me sex E_ace_sZ Department of Pathology, Immunology and Laboratory Me FINISH. 2 RACE yd track. 22f yranen phan Leinshho _ May 24, 2018 SAMPLED BY 1502 Me. Robert Ehrhardt, Director SAMPLED BY. Division of ParieMutual Wagering Department of Business and Professional Reguiation STATE 2801 Bisir Stone Road Taltahassae, FL. 32399-1037 _ OWNER'S Ox Ce Oo ln / O60 \neK LICENSE NUMBER Gx — Re Benotcl Postion Saas TATTOO numer _S1ISCO Sample 908979 has been analyzed by iquid chromatography-randanr 25%°1 fpcorai the folowing, myiee caffeine found in serum caflaing (a central nervous system stimulant and dlass 2 drug) - the concentration of caffeine is 704 ng/mL. theobromine found in serum theobromine (2 diuretic/smoath muscie relaxant and class 4 drug) - tha cancentralion cf theobromine is 12 ng/mt.. theophylline found in serum theophylline {a bronchodilator/amooth muscle relaxant ané class 3 drug) - the concentration of theophylline Is 38 0042661-FHE Horse Serum Bag INTACT Laboratory Number Specimen Final Weight Seal Guifstream Park Oa/2R/2018 05/01/2018 Collected From Date Collected Date Recelved Pursuart to Chapter 550.2415 (1), F.5., the pubiie disclosure of the Information containad in this Report of Footive result is authorized on or after 06/02/2018, or upon commencament ot administrative action, whichever ‘occurs Margaret FAORG David M, Tiflany, FAORC Lag yo — Associate Director Cremist IV Canificays # AT-1842 => Paget of1 18-186 The Foundation for The Gator Nation ‘An Equal Opportunity featituilon EXHIBIT B Page 9 of 9

Docket for Case No: 18-004755PL