FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 6/24/2019 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.: 2019-029709 v. GEORGINA BAXTER-ROBERTS, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”), files this Administrative Complaint against Georgina Baxter-Roberts (“Respondent”), and alleges as follows: 1. Petitioner is the state agency charged with regulating pari-mutuel wagering pursuant to chapter 550, Florida Statutes. Dh At all times material hereto, Respondent held a Pari-Mutuel Wagering Professional Individual Occupational License, number 10047930-1021, issued by Petitioner. 3% Respondent has two prior violations of section 550.2415, Florida Statutes, in the previous 365 days, in DBPR Case Numbers 2019-006263 and 2018-047182. 4. At all times material hereto, Respondent was the trainer of record for the racing horse “Fallen Leaf,” with tattoo number RO5816. 5. On or about May 3, 2019, “Fallen Leaf” participated in the Sth race of the performances at Tampa Bay Downs, Inc. (“TBD”’). 6. On or about May 3, 2019, “Fallen Leaf” finished in 2nd place in the 5th race of the performances at TBD. 7. TBD is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under chapter 550, Florida Statutes. 8. On or about May 3, 2019, an employee of Petitioner collected blood sample number 918632 from “Fallen Leaf.” 9. Blood sample number 918632 was processed forwarded to the University of Florida Racing Laboratory (“UF Lab”), for analysis. 10. | The UF Lab tested the serum extracted from blood sample number 918632 and found that it contained flunixin and phenylbutazone, which are anti-inflammatories and Class IV drugs according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners International, Inc. 11. In blood sample number 918632, flunixin was detected at a concentration level of 3.33 +/- 0.13 ng/mL. 12. In blood sample number 918632, phenylbutazone was detected at a concentration level of .559 +/- 0.025 ug/mL. 13. Pursuant to section 550.2415(1){a), Florida Statutes: 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 racing of that animal. 14, Rule 61D-6.008(3), Florida Administrative Code, states, in relevant part, “[s]amples may contain two of the NSAIDs at a concentration up to the secondary threshold.” 2019-029709 Page 2 of 6 15. According to Rule 61D-6.008(3)(a), Florida Administrative Code, it is a violation of section 550.2415, Florida Statutes, if flunixin exists with a second NSAID at a concentration greater than 3 ng/mL. 16. According to Rule 61D-6.008(3)(c), Florida Administrative Code, it is a violation of section 550.2415, Florida Statutes, if phenylbutazone exists with a second NSAID at a concentration greater than 0.3 ug/mL. 17. 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.” 18. Rule 61D-6.002(1), Florida Administrative Code, provides that, "[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.” 19. Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, and Rule 61D-6.008(3), Florida Administrative Code, by racing “Fallen Leaf?’ with impermissible concentrations of permitted substances on or about May 3, 2019. WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing against Respondent one or more of the penalties specified in Rule 61D-6.011, Florida Administrative Code, 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. 2019-029709 Page 3 of 6 This Administrative Complaint for DBPR Case Number 2019-029709 is signed this 20th day of June, 2019. /s/ Jason Holman JASON HOLMAN Senior Attorney Florida Bar No. 105238 Jason.Holman@MyF loridaLicense.com /s/ Megan S. Silver MEGAN S. SILVER Chief Attorney Florida Bar No. 115518 Megan.Silver@MyFloridaLicense.com Office of the General Counsel Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, Florida 32399-1035 Telephone: (850) 717-1585 Facsimile: (850) 921-1311 2019-029709 Page 4 of 6 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. Please be advised that, under section 120.573, Florida Statutes, mediation is not available in this proceeding. 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 Exhibit A). 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. 2019-029709 Page 5 of 6 EXHIBIT A O6-Ob- 18 CF 22PM; PW Ope st inne pate _May--3-2099 Q) 186 32 UF Horn of Ol sau aos FLORIDA Anat —foenbecf College of Medicine coor Ok. &lrsex ML ace ~f —__ Department of Pathology, Immunology and Laboratory Mi — Racing Laboratory ad tory Mi eINISH_-C» __ RACE OQ. TRACK ‘Tampa Bay Downs June 08, 2019 TRAINER a ne O5, SAMPLED BY Mt. Louis Trombetta, Director SAMPLED 8 Division of Parl-Mutuel Wagering Oepartment of Business ant Professional Regulation STATE 2601 Blair Stone Road See wage Tallahassee, FL 32399-1037 OWNER’S ‘6 uicense numeer £414 It Re: 1 Eosiive Ress! rartoo NuMBER ROU ” RL252-01 Sample 918632 has been analyzed by liquid chromatography-tandem to contaln the following: flunixin found In serum fiunixin (an anti-inflammatory; analgesic and class 4 drug) - the concantration of flunixin is 3.33 +/- 0.13 ng/mL. phenylbutazone found in serum phanytbutazone (an anti-Inflammatory and class 4 drug) - the concentration of phenylbutazone Is 0.559 +/- 0. 028 g/mL, 0100214-FHB Horse Serum 1279 INTACT Laboratory Number Specimen Fina! Weight Seal Tampa Bay Downs 05/03/2019 05/08/2019 Collected From Date Collected Date Received Pursuant to Chapter 550.2415 (1), F.S., the pubiic disclosure of the information contained in this Report of Positive Resuit is authorized on or after 06/14/2019, or upon commencamant of administrative action, whichever Occurs first. Puc MM ee Brooks Nelson ~ Ditk A Hunt Chemist Ili Associate Director University of Florida Racing Lab ISONEC 17025-2005 Coitificate # AT-1642 potted a Page t of 1 19-162 The Foundation for The Gator Nation ‘An Equal Oppoctunity inetiuutton 2019-029709 Page 6 of 6

Docket for Case No: 19-004497PL