FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 2/19/2019 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 Nos. 2019-002916 2019-005244 Vv. 2019-005253 MARCUS JON VITALI, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”), files this Administrative Complaint against Marcus Jon Vitali (“Respondent”), and alleges as follows: 1. Petitioner is the state agency charged with regulating pari-mutuel wagering pursuant to chapter 550, Florida Statutes. Di At all times material hereto, Respondent held a PMW Individual Occupational license, number 8591293-1021, issued by Petitioner. 3. Gulfstream Park Racing Association, Inc. (“Gulfstream”) is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under chapter 550, Florida Statutes. 4. 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. 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, 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." COUNT I (DBPR Case No. 2019-002916) 7. Petitioner realleges and adopts paragraphs numbered one through six as if set forth fully herein. 8. At all times material hereto, Respondent was the trainer of record for the racing horse “Sara’s Day” with tattoo number S03830. 9. On December 7, 2018, Sara’s Day participated in the 3" race of the performances at Gulfstream. 10. On December 7, 2018, Sara’s Day finished in 1“ place in the 3 race of the performances at Gulfstream. 11. On December 7, 2018, serum sample number 912161 was collected from Sara’s Day. 12. Serum sample number 912161 was processed and forwarded to the University of Florida Racing Laboratory (“UF Lab”), for analysis. 13. The UF Lab tested serum sample number 912161 and found that it contained dexamethasone, which is a corticosteroid and a Class IV drug according to the Uniform Page 2 of 10 2019-002916, 2019-005244, 2019-005253 Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International, Inc. 14. Dexamethasone was detected at a blood serum concentration of 29 +/- 5 pg/mL in serum sample number 912161. 15. According to rule 61D-6.008(2)(h), Florida Administrative Code, it is a violation of section 550.2415, Florida Statutes, if dexamethasone exists at a concentration greater than 5 pe/mL. 16. Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, and rule 61D-6.008(2)(h), Florida Administrative Code, by racing “Sara’s Day” with an impermissible concentration of a prohibited substance in its body on December 7, 2018. COUNT II (DBPR Case No. 2019-005244) 17. Petitioner realleges and adopts paragraphs numbered one through six as if set forth fully herein. 18. At all times material hereto, Respondent was the trainer of record for the racing horse “Your Only Man” with microchip number 985101045275731. 19. On January 1, 2019, Your Only Man participated in the 4" race of the performances at Gulfstream. 20. On January 1, 2019, Your Only Man finished in 2™ place in the 4" race of the performances at Gulfstream. 21. On January 1, 2019, serum sample number 914333 was collected from Your Only Man. 22. Serum sample number 914333 was processed and forwarded to the University of Florida Racing Laboratory (“UF Lab”), for analysis. Page 3 of 10 2019-002916, 2019-005244, 2019-005253 23. The UF Lab tested serum sample number 914333 and found that it contained methocarbamol, which is a skeletal muscle relaxant and a Class IV drug according to the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International, Inc. 24. Méethocarbamol was detected at a blood serum concentration of 1.24 +/- 0.05 ng/mL in serum sample number 914333. 25. According to rule 61D-6.008(2)(q), Florida Administrative Code, it is a violation of section 550.2415, Florida Statutes, if methocarbamol exists at a concentration greater than | ng/mL. 26. Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, and rule 61D-6.008(2)(q), Florida Administrative Code, by racing “Your Only Man” with an impermissible amount of a prohibited substance in its body on January 1, 2019. COUNT Til (DBPR Case No. 2019-005253) 27. Petitioner realleges and adopts paragraphs numbered one through six as if set forth fully herein. 28. At all times material hereto, Respondent was the trainer of record for the racing horse “R Lucky Dice” with tattoo number $14613. 29. On January 6, 2019, R Lucky Dice participated in the 1* race of the performances at Gulfstream. 30. On January 6, 2019, R Lucky Dice finished in 2" place in the 1“ race of the performances at Gulfstream. 31. On January 6, 2019, serum sample number 914412 was collected from R Lucky Dice. Page 4 of 10 2019-002916, 2019-005244, 2019-005253 32. Serum sample number 914412 was processed and forwarded to the University of Florida Racing Laboratory (“UF Lab”), for analysis. 33. | The UF Lab tested serum sample number 914412 and found that it contained methocarbamol, which is a skeletal muscle relaxant and a Class IV drug according to the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International, Inc. 34. Methocarbamol was detected at a blood serum concentration of 1.34 +/- 0.05 ng/mL in serum sample number 914412. 35. According to rule 61D-6.008(2)(q), Florida Administrative Code, it is a violation of section 550.2415, Florida Statutes, if methocarbamol exists at a concentration greater than 1 ng/mL. 36. Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, and rule 61D-6.008(2)(q), Florida Administrative Code, by racing “R Lucky Dice” with an impermissible amount of a prohibited substance in its body on January 6, 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. [Signatures appear on following page] Page 5 of 10 2019-002916, 2019-005244, 2019-005253 This Administrative Complaint for DBPR Case Nos. 2019-002916, 2019-005244, and 2019-005253 is signed this 18th day of February, 2019. /s/ James Lewis JAMES LEWIS Assistant General Counsel Florida Bar No. 1002349 James.Lewis@MyFloridaLicense.com /s/ Louis Trombetta LOUIS TROMBETTA Chief Attorney Florida Bar No. 108119 Louis.Trombetta@MyFloridaLicense.com Office of the General Counsel Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, Florida 32399-2202 Telephone: (850)-717-1585 Facsimile: (850) 921-1311 NOTICE OF RIGHTS TO REQUEST A HEARING Pursuant to section 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. Page 6 of 10 2019-002916, 2019-005244, 2019-005253 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 as Exhibits “A-C”). 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.tmyfloridalicense.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 10 2019-002916, 2019-005244, 2019-005253 EXHIBIT A 01-16-18:04: 50PM; Paw Oper Ca pot p 912161 UF |FLORIA Wor Ss a College af Medicine | ~ coon Ch sex sce 3 1 marys lena demlinaadee ruesn t RACE 3 Talahansse, F ~ _ommenes umoowmen_S 08820 TATTOO NU! 30 ry 912161 has been Chromagraphy-tenden = = Sano ia netpoed by liquid . a ee dexermeieagone found in serurs dexamethaaone (9 cordcostercl end clase 4 drug} - the conoentration of daxarnihesone ie 28 +/- 5 ppm DOrsizi Ha Harea Senum - oag INTACT Laberstory Numbor Specimen Final Weight Seal Gultatraten Park 1207/2018 1A ens Collacaad Fro Gate Collected Date Aecelved Purmuantto Chapter B60 2448 (1). FS. the public Glaciguns of the i in feat ent oO ee eoraeen formelion contabned tus Raport of . g . Cramist tv ars Domne PATO Ear) Page 1 of . 19-70 ‘The Fowndation for The Gator Nation An Ipeal Opparnetdiy Leta ten Page 8 of 10 2019-002916, 2019-005244, 2019-005253 EXHIBIT B ee “owe tt 914333 UNIVERSITY of Wh eaux an UF |FLoRIDA ama Your Diaby Nor College of Medicina =~ coron Ch _ sex ace — —_—. Renter immunology and Labvratory Med FISH Ea RACE TRACK aS eGR ETA far SM, 2019 TRAINER — mua! 1 “re ¥ SAMPLED BY LOER. SEAMEN) Zest TELDOD} Mr. Joseph Gilmore, Deputy Director SAMPLED BY: rors) Division of ParkMutyel Wagering AZ Departman of Business and Profasstonal Feguietion STATE * 2 “ste 2601 Stir Signa Rand ¥ a . Tallanaesee, FL 22386-1037 OWNER'S VO. os LICENSE NUMBER ———59——— RE: gpot of Paslive Resuet ee nvhaseR SHO 5395721 AL.252-0% Sample 914334 Nes been analyzed by liquid caromategtabhy ance 1 16 contain the tatlowing: melhocarbemol found in arm regroeeetarne| (2 skevatal miugele relaxant and cage 4 dug) - tha concentration of methocarbarvet is 126 +/+ 08 nigimi. 077004-FHB done Serum “83g INTACT Laboratory Number Specimen Final Weight Seal Gullstream Park Ougizo1g Ovhi2019 Cerlected Fagen Date Collecied Cate Received Pursyant to Chapter $90.2415 (1), F.5.. the qubse diechseure of the Information contained in this Rapert of Positlve Fesuilt & authorized on or afer 62/08/2019, or upon commencement of agministrativa action, whichewer tecure lest, - Margaret H. Wiging, FAORC - Brooks Nason — Ageociate Director Chemist lit Ri | oneness ian ! Gariticata 6 AT 1642 Vatessre= alwininod Page 1 of 1 1379 The Foundation for The Gator Nation ‘Ap tqual Sppurtustey Bradsution. Page 9 of 10 2019-002916, 2019-005244, 2019-005253 EXHIBIT C Set. 6.05 FE TMA Uoerahicts UNIVERSITY of pte tlielit 914412 UF IFLOR A SALIX xt a College of Medicine AGE Deparimert of Pathology, Immunology tnd Laborslory Me COLOR A sex F sae if Racing Laboratory FINISH race rack — 32) January 30, 2019 TRAINER LYS AL $ Tah sampLen BY PCa C1 See [eon Mr. Joseph Oillmoce, Deputy Diactor Olvigion of ParkMutuel Yagering SAMPLES BY. 7 mF Dapartment of Business and Profesaional Regutation STATE 2601 Blaif Stone Road Yaflahassec, FL 32389-1037 ERS 5 RE: Renor of Posies Aesult LICENSE NUMBEA a TATTOO NUMBER —DIMet Sample 914412 has been analyzed by Iiquid chromatography-tatdem = AL.252-04 to Ooftaln the following: mathocarbamol found in serum maticearamal (a Skeletal muscle aiaxani and class 4 drug) - the concentration ot mathocarbamol is 1.34 + 0.05 ngimc. O07 7771-FHE Horse Sera BIg INTACT Laboratory Number Spacimen Final Weight Seat Gutisiream Park O1082018 G1ioe2a re Collected Fram Dale Cobacted Date Racaived Pursuant lo Ghaptar $30,245 (1), F.S., e public gssclosure of the information contested In this Report at Positive Result Is euthonzed on oF éfer 02/08/2018, or upon commencement of administrative action, whichever poours first. “ Marparat H.yVilding, FAQRC ” Brooks Nelson, Associate Director Charmist iF Whivemity of Fonda Ptscg Las ISQMED 17028-2005 arian ‘Senter Paria = Page 1 of 1 19-8) The Foundation for The Gator Nation An Equal Opportunity Insbhutiun Page 10 of 10 2019-002916, 2019-005244, 2019-005253

Docket for Case No: 19-006425PL