FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 9/17/2018 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, vs. DBPR Case No. 2018-044706 BRIAN FERNANDO VASQUEZ LAGOS, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner” or “Division”), files this Administrative Complaint against Brian Fernando Vasquez Lagos (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating pari-mutuel wagering, slot machines, and cardroom operations pursuant to chapters 550, 551, and section 849.086, Florida Statutes. De At all times material hereto, Respondent was a patron of Casino Miami Jai Alai. 3. At all times material hereto, Casino Miami Jai Alai was facility operated by a permitholder authorized to conduct pari-mutuel wagering, operate slot machines, and a cardroom in the State of Florida. 4. On or about June 11, 2017, Respondent manipulated or attempted to manipulate the outcome, payoff, or operation of a slot machine by physical tampering. Page | of 5 5. On or about June 13, 2017, Respondent was ejected and permanently excluded from Casino Miami Jai Alai. COUNT I 6. Petitioner realleges and incorporates the allegations contained within paragraphs one through five as though fully set forth herein. 7. Section 551.109(4), Florida Statutes (2017), imposes criminal liability on an individual for tampering with a slot machine, providing: Any person who manipulates or attempts to manipulate the outcome, payoff, or operation of a slot machine by physical tampering or by use of any object, instrument, or device, whether mechanical, electrical, magnetic, or involving other means, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 8. Rule 61D-14.090, Florida Administrative Code (2017), provides “[n]o person shall conspire with, solicit, aid, abet, counsel, hire, or procure any other persons to engage in a violation of Chapter 551, F.S., or Chapter 61D-14, F.A-C., nor shall he or she commit any such act on his or her own.” (Emphasis supplied). 9. Based on the foregoing, Respondent violated rule 61D-14.090, Florida Administrative Code, by conspiring with, soliciting, aiding, abetting, counseling, hiring, or procuring any person to engage in a violation of section 551.109(4), Florida Statutes, or by committing such an act on his own at Casino Miami Jai Alai on or about June 11, 2017. COUNT II 10. __ Petitioner realleges and incorporates the allegations contained within paragraphs one through five as though fully set forth herein. 11. Section 551.112, Florida Statutes, provides: Page 2 of 5 In addition to the power to exclude certain persons from any facility of a slot machine licensee in this state, the division may exclude any person from any facility of a slot machine licensee in this state for conduct that would constitute, if the person were a licensee, a violation of this chapter or the rules of the division. The division may exclude from any facility of a slot machine licensee any person who has been ejected from a facility of a slot machine licensee in this state or who has been excluded from any facility of a slot machine licensee or gaming facility in another state by the governmental department, agency, commission, or authority exercising regulatory jurisdiction over the gaming in such other state. This section does not abrogate the common law right of a slot machine licensee to exclude a patron absolutely in this state. (Emphasis supplied). 12. Based on the foregoing, Respondent is subject to permanent exclusion from all licensed slot machine facilities in the State of Florida based on his ejection from Casino Miami Jai Alai on June 13, 2017. COUNT III 13. Petitioner realleges and incorporates the allegations contained within paragraphs one through five as though fully set forth herein. 14. Section 550.0251(6), Florida States, provides in relevant part: In addition to the power to exclude certain persons from any pari- mutuel facility in the state, the division may exclude any person from any and all pari-mutuel facilities in this state for conduct that would constitute, if the person were a licensee, a violation of this chapter or the rules of the division. The 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 or who has been excluded from any pari-mutuel facility in another state by the governmental department, agency, commission, or authority exercising regulatory jurisdiction over pari-mutuel facilities in such other state. (Emphasis supplied). Page 3 of 5 15. Based on the foregoing, Respondent is subject to permanent exclusion from all licensed pari-mutuel facilities in the State of Florida based on his permanent exclusion from Casino Miami Jai Alai on June 13, 2017. WHEREFORE, Petitioner respectfully requests the Division enter an Order permanently excluding Respondent from all licensed pari-mutuel and slot machine facilities in the State of Florida along with any other remedy provided by chapters 550, 551, Florida Statutes, and/or the rules promulgated thereunder. This Administrative Complaint for DBPR Case No. 2018-044706 is signed this 17th day of September, 2018. [sf James A. Lewis /s/ Louis Trombetta JAMES A. LEWIS LOUIS TROMBETTA Assistant General Counsel Chief Attorney Florida Bar No. 1002349 Florida Bar No. 0108119 James.Lewis@MyFloridaLicense.com Louis. Trombetta@MyFloridaLicense.com Office of the General Counsel Division of Pari-Mutuel 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 4 of 5 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(4), 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 5

Docket for Case No: 19-000203