FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 5/31/2019 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.: 2019-021736 vs. 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. 2. At all times material hereto, Respondent held a Pari-Mutuel Wagering Professional Individual Occupational License, number 8591293-1021, issued by Petitioner 3. Atall times material hereto, Respondent was the trainer of record of the racing horse “Themanbehindtheman,” with tattoo number S03183. 4. — On or about March 23, 2019, “Themanbehindtheman” participated in the 11th race of the performances at Gulfstream Park Racing and Casino (“Gulfstream Park”). 5. On or about March 23, 2019, “Themanbehindtheman” finished in Ist place in the 11th race of the performances at Gulfstream Park. 6. At all times material hereto, Gulfstream Park was a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under chapter 550, Florida Statutes. 7. On or about March 23, 2019, an employee of Petitioner collected urine sample number 916213 from “Themanbehindtheman.” 8. Urine sample number 916213 was processed and forwarded to the University of Florida Racing Laboratory (“UF Lab”), for anatysis. 9. The UF Lab tested urine sample number 916213 and found that it contained albuterol, which is a bronchodilator and Class III drug under the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International, Inc. 10. Albuterol was detected at a concentration of 2.94 +/- 0.05 ng/mL in urine sample number 916213. 11. 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. 12. According to Rule 61D-6.008(2)(b), Florida Administrative Code (2018), albuterol detected at a urinary concentration greater than 1 ng/mL is prohibited. 13. Section 550.2415(t)(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.” 2019-021736 Page 2 of 5 14. 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.” 15. Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, and Rule 61D-6.008(2)(b), Florida Administrative Code, by racing “Themanbehindtheman” with an impermissible concentration of a permissible substance in its body on or about March 23, 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. This Administrative Complaint for DBPR Case Number 2019-021736 is signed this 29th day of May, 2019. ‘S/ James A. Lewis [s/ Megan S. Silver JAMES A. LEWIS MEGAN S. SILVER Deputy Chief Attorney 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 Tallahassee, Florida 32399-1035 Telephone: (850) 717-1585 Facsimile: (850) 921-1311 2019-021736 Page 3 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, 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. Mediation under section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. 2019-021736 Page 4 of 5 EXHIBIT A / “+ 04-29-19501: 14PM; : pare B/D HG. , 916213 : UF FORIL of a FLORIDA vaniman HEMANR EM MOTREHAL of Medicine COLOR a oo sex @ ace _Y¥ Depeseent of Putelogy, Isusunology and Laboratory Med: : oa 7 Mr, Louls Trombatta, Director Obision of Part-Mutuel Wagering Ospartment of Businass and-Profeselonal Regulation 2601 Siair Stone Road Tallahassee, FL $2899-1037 LICENSE NUMBER Re: Boport of Positive Renu taTTOO NUMBER. 4 _ Sample 916213 has been analyzed by liquid chromatography-tandem inase se pactrmdi, RR SE ong Hi asd to contain the following: albuterol found in urine abuterol (a bronchodilator and class 3 drug) - the concentration of albuterol is 2.64 4/- 0.08 ng/mL, poe24se-FHU Horse Urine 73.59 INTACT Laboratory Number Specimen Final Weight See! Guitstream Park 03/28/2019 03/26/2019 Collected From Date Colected Date Received Pursuant to Chapter 580.2416 (1), F.S., the public disclosure of the information contained in this Report of Postive Result 1s authorized on or alter 05/02/2019, or upon commencement of administrative action, whichever Occurs x Cynthia Cole, ps PhD - Brooke Neison Director Chemist Il == : Smee | Page 1 oft 19-192 The Foundation for The Gator Nation ‘An Equal Opportunity Inatieution 2019-021736 Page 5 of 5

Docket for Case No: 19-006426PL