FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 3/21/2019 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. 2019-006268 vs. JORGE IVAN NAVARRO, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner” or “Division”), files this Administrative Complaint against Jorge Ivan Navarro (“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 hereto, Respondent held a PMW Individual Occupational license, number 1300060-1021, issued by the Division. 3. Atall times material hereto, Respondent was the trainer of record of the racing horse “SINGANOTHERSONG?” with tattoo number “N15682.” 4. On January 18, 2019, “SINGANOTHERSONG” participated in the second race of the afternoon performance at Tampa Bay Downs (“the second race”). S. Tampa Bay Downs is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under chapter 550, Florida Statutes. 6. “SINGANOTHERSONG?” finished in first place in the second race. Page | of 6 7. On January 18, 2019, a Division employee collected blood serum sample number 913304 from “SINGANOTHERSONG.” 8. Blood serum sample number 913304 was processed and forwarded to the University of Florida Racing Laboratory (“the lab”) for analysis. 9. The lab tested blood serum sample number 913304 and found that it contained flunixin and phenylbutazone, which are anti-inflammatories and designated as NSAIDs under the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International, Inc. 10. Flunixin was detected at a secondary blood serum concentration of 3.18 +/- 0.13 ng/mL in blood serum sample number 913304. 11. Phenylbutazone was detected at a secondary blood serum concentration of 0.867 +/- 0.025 pg/mL in blood serum sample number 913304. 12. Pursuant to section 550.2415(1)(a), Florida Statutes (2018): 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. 13. According to rule 61D-6.008(3)(a), Florida Administrative Code (2018), flunixin detected at a secondary blood serum concentration greater than 3 ng/mL is prohibited. 14. According to rule 61D-6.008(3)(c), Florida Administrative Code, phenylbutazone detected at a secondary blood serum concentration greater than 0.3 g/mL is prohibited. Page 2 of 6 15. 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.” 16. Rule 61D-6.002(1), Florida Administrative Code, 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." 17. Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, and rules 61D-6.008(3)(a) and (c), Florida Administrative Code, by racing “SINGANOTHERSONG?” with an impermissible concentration of prohibiteds substance in its body on January 18, 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. [SIGNATURE PAGE TO FOLLOW] Page 3 of 6 This Administrative Complaint for DBPR Case No. 2019-006268 is signed this 15th day of March, 2018. [sf James A. Lewis [s{Megan §. Silver JAMES A. LEWIS MEGAN SILVER Assistant General Counsel Deputy Chief Attorney Florida Bar No. 1002349 Florida Bar No. 115518 James.Lewis@MyFloridaLicense.com Megan. Silver@MyFloridaLicense.com Office of the General Counsel Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 2601 Blair Stone Road Tailahassee, Florida 32399-2202 Telephone: (850)-717-1585 Facsimile: (850) 921-1311 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. 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. Page 5 of 6 02-66-49; 02: 539M, Pvw Operations : a OR pate —_JAN-+-9-7019 97 3304 UF ii GRib ote ANIMAL Si College of Medicine cotorGe Gc SEX om AGE Department of Pathology, Immunology and Laboratory Met | ’ Racing Laboratory FINISH__!___. RACE TRACK Tampa Hay Downs Mr. Joseph Diflmore, Daputy Director Division of Pari-Mutue) Wagering SAMPLED BY: Department of Business and Professional Regulation STAT 2601 Blair Stone Road On ¥ Be Tallahassee, FL 32399-1037 ownenat™ LSzfs. RE: Report of Positive Result LICENSE NUMBER rains SAMPLED 8Y , tattoo NuMBER WITEEO Sample 913304 has been analyzed by liquid chromatography-tandem —RL.252-01 to contaln the following: flunixin found in serum flunixin (an anti-inflammatory; analgesic and clase 4 drug) - the concentration of flunixin is 3.18 +/- 0.13 ng/mL, phenylbutazone found in serum phanylbutazone (an anti-inflammatory and class 4 drug) - the concentration of phenylbutazone is 0.867 +/- 0.025 po/mL. 0080265-FHB Horse Serum 679 INTACT Laboratory Number Specimen Fina! Weight Seat Tarnpa Bay Downs 01/18/2019 04/28/2019 Collected From Data Collected Date Received Pursuant to Chapter §50.2415 (1), F.S., the public disclosure of the information contained in this Report of Positive Result is authorized on or after 02/15/2019, or upon commencement of administrative action, whichever occurs Hirst. . Barbe adie Margaret H\Wiiding, FAORC =~ Brooks Nelson Associate Director Chemist Ilt Univarsity of Florida Racing Lab j . ISOAEC 17028-2005 Contficate # AT+1842 — Page 1 of 4 19-87 The Foundation for The Gator Nation ‘An Equal Oppornuuty Institugas EXHIBIT A Page 6 of 6

Docket for Case No: 19-005559PL