FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 12/28/2018 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.: 2018-061872 v. RUBEN A. MONJES, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (Petitioner), files this Administrative Complaint against Ruben A. Monjes (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 61168-1021, issued by Petitioner. 3. At all times material hereto, Respondent was the trainer of record for the racing horse “Aqua Gem” with tattoo number T02166. 4. On November 11, 2018, Aqua Gem participated in the 2™ race of the performances at Calder Race Course, Inc. performed by Gulfstream Park Racing Association, Inc. (Gulfstream). 5. On November 11, 2018, Aqua Gem finished 2™ in the 2™ race of the performances at Gulfstream. 6. Gulfstream is a facility operated by a permitholder authorized to conduct pari- mutuel wagering in this state under chapter 550, Florida Statutes. 7. On November 11, 2018, serum sample number 912695 was collected from Aqua Gem. 8. Serum sample number 912695 was processed and forwarded to the University of Florida Racing Laboratory (UF Lab), for analysis. 9. The UF Lab tested serum sample number 912695 and found that it contained Methocarbamol, which is a skeletal muscle relaxant and a class 4 drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners International, Inc. 10. Methocarbamol was found at a concentration level of 7.62 +/- .05 ng/mL in serum sample number 912695. 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)(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. 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.” Page 2 of 5 2018-061872 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)(q), Florida Administrative Code, by racing the horse Aqua Gem with a prohibited substance in its body on November 11, 2018. 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. Signed this 28th day of December, 2018. /s/Megan S. Silver /s/ Louis Trombetta MEGAN S. SILVER LOUIS TROMBETTA Deputy Chief Attorney Chief Attorney Florida Bar No. 115518 Florida Bar No. 0108119 Megan. Silver@MyFloridaLicense.com 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 Page 3 of 5 2018-061872 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. 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 4 of 5 2018-061872 UF FLORIDA College of Medicine Department of Pactology, lremunalogy and Laboratory Medici Racing Laboratory December 05, 2078 Mr. Jonopn Dllmord, Deputy Director Onagion of Park hdutuel Wagering Geparmart of Business and Protessonal Reguissen 2661 Gialr Stone Road Tatighmagoo. Fl 92399-5097 Az EL fe Fi SAMpio 812895 a8 beer arated Dy bquid chroemstograpry-carcdarn rn, "D Contain the tokowing- metho-carbemel fovnd in secur 912695 TE tiffs SALIN Te — od ANIMAL ... coor Ae sex ace 2 FINISH _, RACE > TRACK " mawenpashen A Monyes SAMPLEO BY fee Ferg SAMPLED BY. STATE OWNER'S x LICENSE NUMBER ay TATTOO AUMBER__1_ rd Sola RLI2-01 eee a ky THMNCCa EMS 14 ake MuU8cle relacant wm cana 4 GFUg) - he CoNcantaaon dl mosceaUMOl ib G2 wl: 2.06 ngim OOGE7O; FMB Kors Senm Indg NTACT Laboratory Number Soacman Firal Wegtt Saal Calter Race Course 20 “ut V2018 Collacted Fram Date Coll Ban alee Pyrguart io Chapter 590-2419 (1), FS. the pubic diseosura of che information containes 4 tha Raport of Positive Aemet is aythorieed on or after 12/15/2018. of wen commencamerr: of atinrratieg actor, enichaver occurs fine. mat M, Tittany, FAORC. hind “ Srooxs Nelson Chemist Chermest 11) . cavern 8 Porc, za Macy ae Gediea Cai? Paga lo The Foundation for The Gator Nation ‘Aby Cajpant Cpt tury pia ae, EXHIBIT A Page 5 of 5 2018-061872 156

Docket for Case No: 20-002640PL