FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 5/10/2019 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.: 2019-022178 v. MICHAEL ALLEN LERMAN, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”), files this Administrative Complaint against Michael Allen Lerman (“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 792272-1021, issued by Petitioner. 3. At all times material hereto, Respondent was the trainer of record for the racing horse “Calinas Song,” with microchip number 840003 133169460. 4. On April 6, 2019, “Calinas Song” participated in the 11th race of the performances at Gulfstream Park Racing Association, Inc. (“Gulfstream Park”). 3. On April 6, 2019, “Calinas Song” finished in 2nd place in the 11th race of the performances 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 April 6, 2019, blood sample number 916371 was collected from “Calinas Song.” 8. Blood sample number 916371 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 916371 and found that it contained xylazine, which is a central nervous system depressant and a Class III drug according to the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International, Inc. 10. Xylazine was detected at a concentration of 21.1 +/- 1.6 pg/mL in the serum extracted from blood sample number 916371. 11. According to Rule 61D-6.008(2)(w), Florida Administrative Code, it is a violation of section 550.2415, Florida Statutes, if xylazine exists at a concentration greater than 10 pg/mL. 12. 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.” 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 anima! before or immediately after the racing of that animal. 2019-022178 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)(w), Florida Administrative Code, by racing the horse “Calinas Song” while impermissibly medicated on April 6, 2019, at Gulfstream Park. 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 in DBPR Case Number 2019-022178 is signed this 7th day of May, 2019. /s/ Johnny P. EfHachem JOHNNY P. ELHACHEM Assistant General Counsel Florida Bar No. Pending Johnny.ElHachem@MyFloridaLicense.com /s/ James A. Lewis JAMES A. LEWIS Deputy Chief Attorney Florida Bar No. 1002349 James.Lewis@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 2019-022178 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. 2019-022178 Page 4 of 5 » 4 24-19504:23PM; UFIFORIDA College of Medicine Department of Pathology, Immunology and Laboratory Me+ Racing Laboratory Mr. Louis Trombaetta, Director Division of Par+Mutus! Wagering EXHIBIT A PMW Operations_.-.. ~ ee a eH April 24, 2019 ‘Department of Businase and Professional Regulation RE: Sample 916371 ‘olen analyzed by liquid chromatographytandem + “to contain the xylazine found in serum ome H/U//4° 916371 eax ans ana. CALLAMS SOK" 7 coon Osx F roe 2 FiINisH__22_ RACE trainer Hi Ad - sampLen BY SORE “ZENE A SAMPLED BY. —— oe See en te aria (@ central nervous system depressant and class 3 drug) - the concentration of xylazine is 21.1 + 1.6 D095219-FHB Collected From Horse Serum 889 INTACT Specimen Final Weight Seal 04/08/2019 oa/oe/2019 Date Collected Date Received Pursuant to Chapter 580.2416 (1}, F.6., the public disclosure of the Information contained in this Report of Positive Regul is authorized on of after 05/03/2018, cr upon commencement of administrative action, whichaver occurs first. * Cynthia Cote, DVM, PhD - Brooks Nelson Chemist Ili woe area = Cortiicate F-16842 Poorrin Page 1 oft 19-198 The Foundation for The Gator Nation 2019-022178 ‘An qual Opportunity ieatitution Page 5 of 5

Docket for Case No: 20-002639PL