FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 2/6/2020 STATE OF FLORIDA Pale DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, v. DBPR Case No.: 2020-005537 JORGE LUIS DELGADO SANDOVAL, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”), files this Administrative Complaint against Jorge Luis Delgado Sandoval (“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 8656977-1021, issued by Petitioner. 3t Respondent has no prior violations of section 550.2415, Florida Statutes, within the previous 365 days. 4. At all times material hereto, Respondent was the trainer of record for the racing horse “Black Hope,” with microchip number 98 1020023203737. Ds On January 3, 2020, “Black Hope” participated in the 4th race of the performances held at Gulfstream Park Racing Association, Inc. (“Gulfstream Park’). 6. On January 3, 2020, “Black Hope” finished in 2nd place in the 4th race of the performances held at Gulfstream Park. 7. Gulfstream Park is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under chapter 550, Florida Statutes. 8. On January 3, 2020, blood sample number 922822 was collected from “Black Hope.” 9. Blood sample number 922822 was processed and forwarded to the University of Florida Racing Laboratory (“UF Lab”), for analysis. 10. The UF Lab tested the serum extracted from blood sample number 922822 and found that it contained clenbuterol, which is a bronchodilator and Class III drug according to the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners International, Inc. 11. In blood sample number 922822, clenbuterol was detected at a serum concentration of 14.8 +/- 3.2 pg/mL. 12. 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. 13. According to Rule 61D-6.008(2)(e), Florida Administrative Code, it is a violation of section 550.2415, Florida Statutes, if clenbuterol exists at a serum concentration at the lowest level of detection. 2020-005537 Page 2 of 5 14. 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.” 15. 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." 16. Based on the foregoing, Respondent violated section 550.2415(1)(a), Florida Statutes, and Rule 61D-6.008(2)(e), Florida Administrative Code, by racing “Black Hope” with an impermissible concentration of a permitted substance in its body on January 3, 2020. 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 2020-005537 is signed this Sth day of February, 2020. /s/Mike Gordon MIKE GORDON Senior Attorney Florida Bar No. 84217 Michael.Gordon@MyF loridaLicense.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 2020-005537 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: http:/Awww.myfloridalicense.com/DBPR/pari-mutuel-wagering/forms-and-publications/. 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. 2020-005537 Page 4 of 5 EXHIBIT A 01-29-20;09: 26AM; PMW Operations ; ~ UNIVERSITY of Cfonn =pytncle top: — UF IFLoRTDA wun corn AIR sex Gace =-——— College of Medicine RACE Department of Pathology, Immumology and Laboratory? = NSH Ey [ Racing Laboratory oft nn en TRACK Fe DA odo January 29, 2020 TRAINER u SAMPLED BY @ : Mr, Louis Trombetta, Director a Division ot PariMutuel Wagering SAMPLED BY me Department of Business and Professional Regulation ATE Nearness) 2801 Blair Stone Road st br) Tallahassee, FL 32399-1037 OWNER'S 9 "| ER _aoglko t RE: sport of Positive Resut LICENSE WE" Sample 922822 has been analyzed by quid chromatography-tandem PL 252-01 to contain the following: clenbutarol found in serum ¢clenbutero! {a bronchodilator and class 3 drug) - the concentration of clenbuterol is 14.8 +/- 3.2 pg/mL, D123851-FHB Horse Serum 87g INTACT Laboratory Number Specimen Final Weight Seal Gulfstream Park 01/03/2020 01/07/2020 Collected Fram Date Coltactad Date Received Pursuant to Chapter 550.2415 (1), F.S., the public disclosure of the information contained in this Report of Positive Result Js authorized on or after 02/07/2020, or upon commencement of administrative action, whichever ‘ovours first. DirkA Hunt Associate Director Brooks Nelson Chemist Ih 20-54 Page 1 of 1 University of Florida Racing Lat IBOREC 17025-2017 antsy AB The Foundation for The Gator Natlon Cerone #ATAG42 — An Equs) Opportunlly Institution 2020-005537 Page 5 of 5

Docket for Case No: 20-002642PL