FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 7/17/2019 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.: 2019-030914 v. 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} At all times material hereto, Respondent was the trainer of record for the racing horse “Oh Danny Bear,” with microchip number 981020021403476. 4. On or about May 18, 2019, “Oh Danny Bear” participated in the 8th race of the performances held at Gulfstream Park Racing Association, Inc. (“Gulfstream Park’). 2: On or about May 18, 2019, “Oh Danny Bear” finished in Ist place in the 8th race of the performances held at Gulfstream Park. 6. Gulfstream Park is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under chapter 550, Florida Statutes. 7. On or about May 18, 2019, blood sample number 919028 was collected from “Oh Danny Bear.” 8. Blood sample number 919028 was processed and forwarded to the University of Florida Racing Laboratory (“UF Lab”), for analysis. 9. The UF Lab tested the serum extracted from blood sample number 919028 and found that it contained dimethyl sulfoxide, which is an anti-inflammatory and Class IV drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners International, Inc. 10. In blood sample number 919028, dimethyl sulfoxide was detected at a serum concentration of 17.9 +/- 1 ug/mL. 11. 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. 12. According to Rule 61D-6.008(2)(j), Florida Administrative Code, it is a violation of section 550.2415, Florida Statutes, if dimethyl sulfoxide exists at a serum concentration greater than 10 g/mL. 13. 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.” 2019-030914 Page 2 of 5 14. 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.” 15. Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, and Rule 61D-6.008(2)(j), Florida Administrative Code, by racing “Oh Danny Bear” with an impermissible concentration of a permitted substance in its body on or about May 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. This Administrative Complaint for DBPR Case Number 2019-030914 is signed this 16th day of July, 2019. ‘S/ James A. Lewis /s/ Megan S. Silver JAMES A. LEWIS MEGAN S. SILVER Assistant General Counsel Chief Attorney Florida Bar No. 1002349 Florida Bar No. 115518 James.Lewis@MyF loridaLicense.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 2019-030914 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.mnyfloridalicense.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. 2019-030914 Page 4 of 5 EXHIBIT A vot im" la, Wwe oam, MH pe ee 9 1 9028 UNIVERSITY of UF FLORIDA er Department of Pathology, imaruinology end Laboratory Met i “FACE Racing Laborainry ANH dune 14, 2019 RE: Gomort of Poste Bernat ‘dinathyleutionide found in serunt dimetnd suite (an antetnfamnmatery and casa 4 rug) - the concentric of cattyssutaxice la 17-244 1 Dst4694-FHE Horse Serum i289 INTACT Laboratory Number Specimen Final Yelght Seal ‘Tropical Park osaeoie O5RR20e Colectad From Date Colectedl Bate Received Furnuari to Ghaphor Aai.5416 1), Si pelle Cactomre cl be intormation covtdiied i this Report of phi oe Of UPON GOMITaancHHTON chadnsinikinadve action, whichever Bdtb~ Bleue Dirk A Hunt Groaks Netson Aamooiea Director Chemtet 111 Saae "be Carifiguin # AT-1642 rex] Pago tot 19-104 ‘The Foundation for The Gator Nation An Bqual Opportunity retintion 2019-030914 Page 5 of 5

Docket for Case No: 19-006427PL