The Issue Whether Respondent raced an animal that was impermissibly medicated or determined to have a prohibited substance present, in violation of section 550.2415(1)(a), Florida Statutes (2016),1/ as alleged in the Administrative Complaint; and, if so, what sanction is appropriate.
Findings Of Fact The Division is the state entity charged with regulating pari-mutuel wagering in the state of Florida, pursuant to chapter 550. Mr. Dawson is the holder of Pari-Mutuel Wagering Occupational License number 333293-1021, authorizing him to train greyhounds pursuant to section 550.105. At all times relevant to the Administrative Complaint, Mr. Dawson was subject to chapter 550 and the implementing rules in Florida Administrative Code Chapter 61D-6. Palm Beach Kennel Club is a facility operated by a permitholder authorized to conduct pari-mutuel wagering in this state under chapter 550. Mr. Dawson trained and raced greyhounds at the Palm Beach Kennel Club facility from September 3 to 17, 2016, the time period relevant to the Administrative Complaint. Mr. Dawson was the trainer of record for the racing greyhound "BOB'S SEAHAWK" on September 3, 2016. Mr. Dawson was the trainer of record for the racing greyhound "PJ HO HEY" on September 4, 2016. Mr. Dawson was the trainer of record for the racing greyhound "JIM'S GRAND SLAM" on September 5, 2016. Mr. Dawson was the trainer of record for the racing greyhound "BS ANGEL" on September 7, 2016. Mr. Dawson was the trainer of record for the racing greyhound "PJ SMOKE EM OUT" on September 9, 2016. Mr. Dawson was the trainer of record for the racing greyhound "CENTEX WIZARD" on September 17, 2016. Under rule 61D-6.002(1), "[t]he trainer of record shall be responsible for and be the absolute insurer of the condition of the . . . racing greyhounds he/she enters to race." Mr. Dawson is substantially affected by the Division's intended action. As Ms. Jessica Zimmerman testified, the ginny pit is the area at the Palm Beach Kennel Club where employees of the Division collect urine samples from racing greyhounds prior to the races. At the time each urine sample is collected, the veterinary assistant checks the number tattooed on the ear of the dog and completes a PMW 503 Form. The PMW 503 Form shows that it was prepared for the Palm Beach Kennel Club and contains the date, the race and post number of the dog, the dog's name, the tattoo number, the time the sample was collected, the trainer's name, the collector's initials, and a unique sample number. The top portion of a sample tag containing the sample number is attached to the container holding the collected urine sample, and the container is sealed with evidence tape to maintain the integrity of the sample. The bottom part of the sample tag is retained by the Division. Ms. Zimmerman signed each PMW 503 Form, indicating the dogs named in the Administrative Complaint, identifying Mr. Dawson as the trainer, and assigning a unique sample number to the urine sample collected from each dog. At hearing, Ms. Zimmerman identified the PMW 503 Form that was completed for each of the six races in the Administrative Complaint. The sealed urine samples are kept in a freezer in a restricted area at the track until they are picked up for shipping to the University of Florida racing laboratory. The PMW 503 Form indicates the time and date samples were picked up. As Ms. Margaret Wilding testified, the laboratory receives only the information on the urine label with samples and does not know the identity of the dog or trainer. The samples are checked to ensure the seal is intact and are then assigned a number internal to the lab for processing, associated with the sample number. The Association of Racing Commissioners International creates Uniform Classification Guidelines for Foreign Substances. Classes range from class I drugs, which are stimulants without therapeutic value and are most likely to affect the outcome of a race, to class V drugs, which have the most therapeutic value and the least potential to affect the outcome of a race. Caffeine is a central nervous system stimulant and class II drug; theobromine is a diuretic, smooth muscle relaxant, and class IV drug; and theophylline is a bronchodilator, smooth muscle relaxant, and class III drug. As Ms. Wilding testified, the urine samples received at the laboratory were analyzed by liquid chromatography-mass spectrometry and sample 097442 was found to contain a concentration of caffeine of 1.946 +/- 0.03 mcg/mL, a concentration of theobromine of 859 +/- 90 ng/mL, and a concentration of theophylline of 2.462 +/- 0.08 mcg/mL. Sample 097466 was found to contain a concentration of caffeine of 4.555 +/- 0.03 mcg/mL, a concentration of theobromine of 1.23 +/- 0.09 mcg/mL, and a concentration of theophylline of 3.235 +/- 0.08 mcg/mL. Sample 104694 was found to contain a concentration of caffeine of 3.911 +/- 0.03 mcg/mL, a concentration of theobromine of 1.107 +/- 0.09 mcg/mL, and a concentration of theophylline of 2.881 +/- 0.08 mcg/mL. Sample 097486 was found to contain a concentration of caffeine of 4.551 +/- 0.03 mcg/mL, a concentration of theobromine of 3.056 +/- 0.09 mcg/mL, and a concentration of theophylline of 8.05 +/- 0.08 mcg/mL. Sample 104746 was found to contain a concentration of caffeine of 2.392 +/- 0.03 mcg/mL, a concentration of theobromine of 1.893 +/- 0.09 mcg/mL, and a concentration of theophylline of 4.169 +/- 0.08 mcg/mL. Sample 106083 was found to contain a concentration of caffeine of 2.457 +/- 0.03 mcg/mL, a concentration of theobromine of 664 +/- 0.09 ng/mL, and a concentration of theophylline of 1.69 +/- 0.08 mcg/mL. Under rule 61D-6.007(3), levels of caffeine at a urinary concentration less than or equal to 200 nanograms per milliliter and levels of theophylline and theobromine at urinary concentrations less than or equal to 400 nanograms per milliliter are not reported to the Division. The levels found by the laboratory tests and testified to by Ms. Wilding exceeded these amounts. A Report of Positive Test Result was sent to the Division regarding each of the urine samples. After the Division received the laboratory report on each sample, the report was matched to the retained sample tag. It was determined that sample 097442 had been obtained from BOB'S SEAHAWK, sample 097466 from PJ HO HEY, sample 104694 from JIM'S GRAND SLAM, sample 097486 from BS ANGEL, sample 104746 from PJ SMOKE EM OUT, and sample 106083 from CENTEX WIZARD. Each of the samples with the sample numbers corresponding to the dogs listed in the Administrative Complaint, therefore, tested positive for levels of these three drugs in excess of permitted amounts. The trainer for each of these dogs was Mr. Dawson. The urine test results proved that each of the six dogs listed in the Administrative Complaint carried the drugs caffeine, theobromine, and theophylline in their bodies on their respective race days. Ms. Wilding later testified that the three drugs are frequently found together, and that although theobromine and theophylline could be administered separately, in some concentrations they can be detected as metabolites of caffeine. She indicated that it was possible they were metabolites in this case. Mr. Henry Chin and Mr. Anthony Calvo, experienced trainers, testified convincingly that it is impractical for a trainer to remain with one of his dogs undergoing urine sample collection to witness the procedure, because a trainer is responsible for many dogs and is unaware of the exact time that a sample will be collected. Even though trainers have a right to sign indicating that they witnessed the sample collection and sealing, both indicated they do not do so. Both indicated they preferred sample collection to be conducted after the races, as has been done at certain times in the past, rather than before the races. Mr. Calvo also testified that he has often seen trash and spilled liquids, including coffee, in an area the leadouts take the dogs through prior to their urine collection. Mr. Arthur Agganis, who has worked in the racing industry for 41 years, and has been Mr. Dawson's employer for the last 20 of those, agreed that trainers cannot realistically be with their dogs for testing prior to the races. He testified that he proposed to the Division that closed circuit cameras be installed in the ginny pit area to improve monitoring and that "we would pay for it,"3/ but that the Division never agreed to do so. It is noted that the violations occurred close together in time, and that it is clear that Mr. Dawson was not informed of the violations in one race before the samples were taken in the next. This may be considered a mitigating factor because Mr. Dawson would not have had a reasonable opportunity to increase security, adjust medication levels, or alter routines in response to earlier violations. Mr. Andre Tribble convincingly testified that he could not recall ever finding any caffeine in Mr. Dawson's kennel. Mr. Dawson has been licensed by the Division for some 37 years, since 1980. The Division presented no evidence that Mr. Dawson has had previous discipline against his license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, enter a final order: finding Robert G. Dawson guilty of 18 counts of violating section 550.2415(1)(a), Florida Statutes, and Florida Administrative Code Rule 61D-6.002(1); imposing an administrative fine of $3,000; and suspending his license for six months. DONE AND ENTERED this 26th day of July, 2016, in Tallahassee, Leon County, Florida. S F. SCOTT BOYD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 26th day of July, 2017.
The Issue Whether Respondents have violated the provisions of section 550.2415(1)(a), Florida Statutes (2010), and if so, what penalty should be imposed?
Findings Of Fact The Division of Pari-Mutual Wagering is the state agency charged with the regulation of pari-mutuel wagering pursuant to section 20.165 and chapter 550, Florida Statutes. At all times material to the allegations in the Administrative Complaints, Respondent Richard Alves held a pari- mutuel wagering greyhound trainer license, number 1053205-1021, issued by Petitioner. At all times material to the allegations in the Administrative Complaints, Respondent Casey Alves was also licensed as a greyhound trainer by Petitioner, having been issued license number 2015868-1021. At all times material hereto, Daytona Beach Kennel Club (DBKC) has been a licensed Florida pari-mutuel facility authorized to conduct pari-mutuel wagering. The Respondents trained greyhounds that were entered to race at DBKC. Cocaine is a local anesthetic and a Class One drug under the Uniform Classification Guidelines for Foreign Substances, as promulgated by the Association of Racing Commissioners, Inc. It is a prohibited medication pursuant to section 550.2415(10(a). At all times material hereto, Respondent Richard Alves was the trainer of record for greyhounds named "Flying Car," "Goldie's Trey," and "Iruska Direct." At all times material hereto, Respondent Casey Alves was the trainer of record for greyhounds named "Kelsos Jalopy," "Wild Mia," "Mani Appeal," and "Fuzzy's Big Shot." Flying Car On April 27, 2010, Flying Car was entered in the third race at DBKC. Flying Car finished sixth in the third race that day. Flying Car was subject to pre-race testing, and prior to the start of the race, urine sample 610687 was collected from Flying Car. The urine sample was processed in accordance with established procedures and forwarded to the lab for analysis. Richard Alves was not present in the testing enclosure when the urine sample was taken, because according to John Decker, DBPR Investigations Supervisor, trainers are not permitted to be on the track when greyhounds are there for the race. Trainers are required to drop the animals off at the track approximately one and a half hours prior to the racing schedule and leave them there until after the dog's race is over. Depending on when the dog races, the trainer has no contact with the racing animal from two to approximately five hours. Richard Alves did not sign the sample collection form for Flying Car, because he was not present when the collection was taken. The University of Florida Racing Laboratory tested urine sample number 610687 and found that it contained Benzoylecgonine, a metabolite of cocaine. Goldie's Trey Respondent Richard Alves was the trainer of record for racing greyhound Goldie's Trey on August 5, 2010. On August 5, 2010, Goldie's Trey was entered in the tenth race at DBKC. Goldie's Trey finished sixth in the tenth race. Goldie's Trey was subject to pre-race testing, and prior to the start of the race, urine sample 603139 was collected from Goldie's Trey. The urine sample was processed in accordance with established procedures and forwarded to the lab for analysis. Richard Alves was not present in the testing enclosure when the urine sample was taken, because trainers of greyhounds are not permitted to be on the track at that time. Richard Alves did not sign the sample collection form for Goldie's Trey, because he was not present when the collection was taken. The University of Florida Racing Laboratory tested urine sample 60319 and found that it contained cocaine, plus Benzoylecgonine and Ecgonine Methyl Ester, metabolites of Cocaine. Iruska Direct Respondent Richard Alves was the trainer of record for the greyhound, Iruska Direct. On November 26, 2010, Iruska Direct was entered in the 15th race at DBKC. Iruska Direct finished sixth in the 15th race. Iruska Direct was subject to pre-race testing, and prior to the start of the race, urine sample 662039 was collected from Iruska Direct and processed in accordance with established procedures and forwarded to the lab for analysis. Richard Alves was not present in the testing enclosure when the urine sample was taken, because trainers for greyhounds are not permitted to be on the track when the animals are there for the race. Richard Alves did not sign the sample collection form for Iruska Direct, because he was not present when the collection was taken. The University of Florida Racing Laboratory tested urine sample number 662039 and found that it contained Benzoylecgonine, a metabolite of cocaine. Kelsos Jalopy Respondent Casey Alves was the trainer of record for the racing greyhound Kelsos Jalopy. On November 10, 2010, Kelsos Jalopy was entered in the seventh race at DBCK. The dog finished second in the seventh race. Kelsos Jalopy was subject to pre-race testing, and prior to the start of the race, urine sample 661859 was collected from Kelsos Jalopy and processed in accordance with the established procedures and forwarded to the lab for analysis. Casey Alves was not present in the testing enclosure when the urine sample was taken, because trainers for greyhounds are not permitted to be on the track when the animals are there for the race. Casey Alves did not sign the sample collection form for Kelsos Jalopy, because he was not present when the collection was taken. The University of Florida Racing Laboratory tested urine sample number 661859 and found that it contained Benzoylecgonine, a metabolite of cocaine. Mani Appeal Respondent Casey Alves was the trainer of record for the racing greyhound Mani Appeal on November 6, 2010. On November 6, 2010, Mani Appeal was entered in the second race at DBKC. Mani Appeal finished fourth. Mani Appeal was subject to pre-race testing, and prior to the start of the race, urine sample 661795 was collected from Mani Appeal and processed in accordance with established procedures and forwarded to the lab for analysis. Casey Alves was not present in the testing enclosure when the urine sample was taken, because greyhounds' trainers are not permitted to be on the track at that time. Casey Alves did not sign the sample collection form for Mani Appeal, because he was not present when the collection was taken. The University of Florida Racing Laboratory tested urine sample number 661795 and found that it contained cocaine, and Benzoylecgonine and Ecgonine Methyl Ester, metabolites for cocaine. Wild Mia Respondent Casey Alves was the trainer of record for the racing greyhound Wild Mia on November 5, 2010. On that day, Wild Mia was entered in the sixth race at DBKC. Wild Mia finished second in the sixth race. Prior to the start of the race, urine sample 661786 was collected from Wild Mia as part of pre-race testing, and processed in accordance with established procedures and forwarded to the lab for analysis. Casey Alves was not present in the testing enclosure when the urine sample was taken, because greyhounds' trainers are not permitted to be on the track at that time. Casey Alves did not sign the sample collection form for Wild Mia, because he was not present when the collection was taken. The University of Florida Racing Laboratory tested urine sample number 661786 and found that it contained cocaine, and Benzoylecgonine and Ecgonine Methyl Ester, metabolites for cocaine. Fuzzy's Big Shot Respondent Casey Alves was the trainer of record for the racing greyhound Fuzzy's Big Shot on November 17, 2010. On that day, Fuzzy's Big Shot was entered in the fifth race at DBKC and finished first. Fuzzy's Big Shot was subject to pre-race testing. Prior to the start of the race, urine sample 661943 was collected from Fuzzy's Big Shot in accordance with established procedures and forwarded to the lab for analysis. As was the case with the other racing greyhounds, Casey Alves was not present in the testing enclosure when the urine sample was taken, because greyhound trainers are not permitted to be on the track at that time. Casey Alves did not sign the sample collection form for Fuzzy's Big Shot, because he was not present when the collection was taken. The University of Florida Racing Laboratory tested urine sample 661943 and found that it contained Benzoylecgonine, a metabolite of cocaine. Respondents steadfastly deny giving cocaine to any of the animals discussed above. Both Casey and Richard Alves' kennels were searched in November of 2010. No drugs or illegal substances were found in the kennels. John Dekker, Investigations Supervisor for the Department for the Department, testified that the procedures were different for pre-race and post-race testing.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED that the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering enter a final order finding that Respondent Casey Alves violated section 550.2415(1)(a); impose an administrative fine of $2,000; and suspend his occupational license for a period of one year, retroactive to January 31, 2011. It is further recommended that the Department enter a final order finding that Richard Alves violated section 550.2415(1)(a); impose an administrative fine of $1,500 and suspend his occupational license for one year, retroactive to January 31, 2011. DONE AND ENTERED this 19th day of September, 2011, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of September, 2011. COPIES FURNISHED: David Perry, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 40 Tallahassee, Florida 32399-2202 Mitchell G. Wrenn, Esquire 958 Ridgewood Avenue Daytona Beach, Florida 32114 Milton Champion, Director Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399 Layne Smith, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
