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Complaint# 2015000872 Case Type GMP ng Disposition 66 Closing Order Dispositon Date 02/40/2018 wees, mbutton- Docket# Respondent BRIAN Responsible BUTTON, Public Case JOSEPH MARISA Complaint | Respondent | Complainant | Addtt Into | Source LAB-UF Laboratory Security Level 4 fs maroc) cnc Form FAX-Fax Priority 4 — ‘Alegations Discipline vn, }X- Class 1 Drug Classin Complexity R - Regular Positive af ss wa Violations te) |_Compliance Security STND Standard Incident 42/44/2016 Related |v [Disposion Region SR Southorn Received on6n018 tegion Inspection Reference 970365 Costs Entered 01/06/2015 Entered By Istallings 2110/15 - Closing Order issued. 02/05/2015 - Time Tracking. Auto Assign Investigative report and documents were sent to Legal via onbiase,*01/07/2015-Case was assigned t0 ‘Atachmenis History Summary Investigator Tyrell Smith 144 Mardi Gras Racetrack Dog WAYLON HAMBONE Drug Benzoylecgonine Toma Pinthepot—] metabolite of cocaine Sample # 970365 Lab # rk Notes int Report €111600-FDU Updated 06/16/2015 15:29:28 fy Imuniz J 5% Change Save |__ OK Cancel |L__ Back 2 Get Adobe Reader. mip 9020t6SaceaspletorcemertNF 12MictsinCompaitspeid Deparment Ovvion a Patael apg Business 8 a Office of nvestgato 1400 West Commercial Boulevard, Suite 165 i Lauderdale, Fins 33209 Professional one 05202800 F ar B82 53 Regulation Ken Lawson, Secretary Rick Scott, Governor OFFICE OF INVESTIGATIONS INVESTIGATIVE REPORT Office: Region: Date of Complaint: Case Number: PMW / Southern | January 7, 2015 2015 00 0572 | Respondent: ‘Complainant: WEBB, BRIAN J. DBPR — PMW- INVESTIGATION SECTION PO BOX 3205 1400 W. COMMERICAL BLVD. SUITE 115 DUBUQUE, IOWA 52004 FT. LAUDERDALE, FL 33309 oe 954-202-3900 License # and Type: Profession: Board Report Date 6915346 / 1021 Greyhound Trainer dune 15, 2015 Period of Investigation: Type of Report: January 7, 2015 to June 15, 2015 Alleged Violation’ 550.2415-Racing of animals under certain conditions prohibited; penalties; exceptions.— (1)(a)The racing of an animal with any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-masking agent is prohibited. It is a violation of this section for a person to administer or cause to be administered any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-masking agent to an animal which will result in a positive test for such substance based on samples taken from the animal immediately prior to or immediately after the racing of that animal. Test results and the identities of the animals being tested and of their trainers and owners of record are confidential and exempt from s. 119.07(1) and from s. 24(a), Art. 1 of the State Constitution for 10 days after testing of all samples collected on a particular day have been completed and any positive test results derived from such samples have been reported to the director of the division or administrative action has been commenced. FINAL ‘Synopsis: This investigation is predicated upon receipt of a drug positive lab result from Margaret H Wilding, who is the Associate Director for the UNIVERSITY OF FLORIDA RACING LABORATORY. (EXHIBIT# 1 ) The lab results indicated that Greyhound Urine Sample # 970365 collected on December 14, 2014, at the Mardi Gras Race Track, from racing greyhound “WAYLON HAMBONE" has been analyzed by liquid chromatography/mass spectrometry (LC/MS) and found to contain Benzoylecgonine which is a metabolite of cocaine (cocaine is a local anesthetic and class 1 drug) the concentration of Benzoylecgonine is 32.6 ng/mL. Related Case: [investigator /Date June 15, 2015 Investig; ipervisor / Date hp DS ES Tyrell D. Smith radford D. Jones¢“June 15, 2015 Chief of Investigations / Date LEE: Mga Mow Of 80° LICENSE EFFICIENTLY. REGULATE FAIRLY. WWW MYELORIDALICENSE COM, Steven E. Kogan /DBPR INVESTIGATIVE REPORT CASE NUMBER: 2015 00 0572 CONTINUATION ‘A check of DBPR urine/serum sample records revealed the sample had been taken from Greyhound "WAYLON HAMBONE” which was entered in the evening ninth (9") race, post 2 and finished third (3rd) on the December 14, 2014 program at the Mardi Gras Race Track (EXHIBIT #) Acheck of DBPR Versa records reflects that Brian WEBB is currently licensed as the trainer of record and James Hambleton (LIC# 7433334) is currently licensed as the owner. (EXHIBIT # 3) On January 8, 2015 a routine kennel inspection was conducted at the Brindle Kennel located inside the Florida Kennel Compound, in Hialeah, Florida. During the inspection a check of all medications and vitamins in the kennel revealed NO violations and the kennel was in satisfactory condition. WEBB was present at the kennel during the inspection and was interviewed about the incident WEBB stated it is unknown how the Greyhound came into contact with the drug, due to the fact, that he did not administer any medications to “WAYLON HAMBONE”. WEBB said there has been no change in vitamins, medications, or food for any of the greyhounds in the kennel. He and his (2) kennel helpers Tyus Hall (LIC# 3905859) and Gholam Quintero (LIC #793660) are the only individuals that come in contact with the greyhounds at the kennel. He also stated his, kennel helpers are not authorized to administer any medications. On January 13, 2015, kennel helpers Hall and Quintero were interviewed regarding the drug positive and both denied giving greyhound “WAYLON HAMBONE” any illegal drugs or having any knowledge of any illegal drugs in the kennel A check of all employees on the kennel roster for Brindle Kennel was conducted via ARCI. There are no violations or rulings for WEBB or his kennel helpers. (EXHIBIT # 6) A copy of the Daily Record of Sample Collection form 503 for December 14, 2014 was also provided. (EXHIBIT # 7) As a result of the drug positive notification, WEBB was served with a Notice of Violation from Canine Operations Supervisor Jorge Callejas on January 9, 2015. (EXHIBIT #2) On February 10, 2015 a Closing Order was issued by PMW Chief Attorney Jason Maine based on the Division cannot rely on the sample as the basis for agency action. It is therefore ordered that the case be dismissed. (See EXHIBIT # 8) Case Status: Dismissed / ClosedDBPR INVESTIGATIVE REPORT TABLE OF CONTENTS INVESTIGATIVE REPORT COVERSHEET INVESTIGATIVE REPORT EXHIBITS 1. University of Florida lab analysis 2. Notice of Violation. 3. Trainer's license information 4, Dog Owner's license information 5. Mardi Gras Racing Program for 12-14-14 6. Brindle Kennel Roster 7. Daily record of sample collection form 503 8. Closing Order CASE NUMBER: 2015 00 0572Fovtda Deparonenti Divison of Pare Wapeng Business (0s ® G ose Commercial Boutevar, Ste 185 Ft Lauderdale, Florida 38309 noe rene ees eee Ken Lawson, Secretary Rick Scott, Governor OFFICE OF INVESTIGATIONS INVESTIGATIVE REPORT Office: Region: Date of Complaint: ‘Case Number: - PMW_/ Southern January 7, 2015 _| 2045 00 0572 Respondent ‘Complainant: WEBB, BRIAN J. DBPR - PMW- INVESTIGATION SECTION PO BOX 3205 1400 W. COMMERICAL BLVD. SUITE 115 DUBUQUE, IOWA 52004 FT. LAUDERDALE, FL 33309 _ | 954-202-3000 License # and Type: Profession Board Report Date: 6915346 /1021 Greyhound Trainer January 23, 2015 Period of Investigation’ Type of Report: PRELIMINARY January 7, 2015 to January 23, 2015 Alleged Violation’ 550.2415-Racing of animals under certain conditions prohibited; penalties; exceptions.— (1)(a)The racing of an animal with any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-masking agent is prohibited. It is a violation of this section for a person to administer or cause to be administered any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-masking agent to an animal which will result in a positive test for such substance based on'samples taken from the animal immediately prior to or immediately after the racing of that animal. Test results and the identities of the animals being tested and of their trainers and owners of record are confidential and exempt from s. 119.07(1) and from s. 24(a), Art. Tf the State Constitution for 10 days after testing of all samples collected on a particular day have been completed and any positive test results derived from such samples have been reported to the director of the n or administrative action has been commenced ‘Synopsis: This investigation is predicated upon receipt of a drug positive lab result from Margaret H Wilding, who is the Associate Director for the UNIVERSITY OF FLORIDA RACING LABORATORY. (EXHIBIT# 1) The lab results indicated that Greyhound Urine Sample # 970365 collected on December 14, 2014, at the Mardi Gras Race Track, from racing greyhound "WAYLON HAMBONE" has been analyzed by liquid chromatography/mass spectrometry (LC/MS) and found to contain Benzoylecgonine which is a metabolite of cocaine (cocaine is a local anesthetic and class 1 drug) the concentration of Benzoylecgonine is 32.6 ng/ml. Related Case Investigator /Date January 23, 2015 Investigator Supervisor / Date February 2, 2015 | _Ayoergge / ee Tyrell D. Smith suf Torres 1 | Chief of Investigations / Date ee ae Steven E. Kogan / LICENSE EFFICIENTLY. REGULATE FAIRLY. WWIW.MYFLORIDALICENSE,COM.DBPR INVESTIGATIVE REPORT CASE NUMBER: 2015 00 0572 CONTINUATION ‘A check of DBPR urine/serum sample records revealed the sample had been taken from Greyhound “WAYLON HAMBONE” which was entered in the evening ninth (9") race, post 2, and finished third (3rd) on the December 14, 2014 program at the Mardi Gras Race Track (EXHIBIT #) A check of DBPR Versa records reflects that Brian WEBB is currently licensed as the trainer of record and James Hambleton (LIC# 7433334) is currently licensed as the owner. (EXHIBIT # 3) On January 8, 2015 a routine kennel inspection was conducted at the Brindle Kennel located inside the Florida Kennel Compound, in Hialeah, Florida. During the inspection a check of all medications and vitamins in the kennel revealed NO violations and the kennel was in satisfactory condition. WEBB was present at the kennel during the inspection and was interviewed about the incident. WEBB stated it is unknown how the Greyhound came into contact with the drug, due to the fact that he did not administer any medications to “WAYLON HAMBONE”. WEBB said there has been no change in vitamins, medications, or food for any of the greyhounds in the kennel. He and his (2) kennel helpers Tyus Hall (LIC# 3905859) and Gholam Quintero (LIC #793660) are the only individuals that come in contact with the greyhounds at the Kennel. He also stated his kennel helpers are not authorized to administer any medications. On January 13, 2015, kennel helpers Hall and Quintero were interviewed regarding the drug positive and both denied giving greyhound “WAYLON HAMBONE” any illegal drugs or having any knowledge of any illegal drugs in the kennel. A check of all employees on the kennel roster for Brindle Kennel was conducted via ARC. There are no violations or rulings for WEBB or his kennel helpers. (EXHIBIT # 6) A copy of the Daily Record of Sample Collection form 503 for December 14, 2014 was also provided. (EXHIBIT # 7) As a result of the drug positive notification, WEBB was served with a Notice of Violation from Canine Operations Supervisor Jorge Callejas on January 9, 2015. (EXHIBIT #2) Case Status: Referred to Legal for further action,DBPR INVESTIGATIVE REPORT © CASE NUMBER: 2015 00 0572 TABLE OF CONTENTS INVESTIGATIVE REPORT COVERSHEET INVESTIGATIVE REPORT EXHIBITS 1 University of Florida lab analysis Notice of Violation. Trainer's license information Dog Owner's license information Mardi Gras Racing Program for 12-14-14 Brindle Kennel Roster Daily record of sample collection form 5036 Received dan 67 01-08-18; 01: 400M: Pu Operatic DATES QO 7Q 365 ae a UF HORT of ANIMAL Watton Haubone FLORIDA. coton_2_ sex. ace 2 College of Medicine Finish “@._race —t__ Department of Patoiogy, Immunology and Taborstoy Medicine ty E Racing Laboratory 4 © owner Hari bleto,, January 06, 2015 cones Bb. vsebb SAMPLED BY__©2__ ec Jonathan Zacher, Dror Dwalon of Par Mtl Wagering Departnet of Buenos ané Professional Reguaten 1940 Now Monroe Sct, Sute 50 ' | Totaraosoe, B52588.085 OWNERS SLY Loans ‘TATTOO NUMBER “1. S448: RE: Flepor of Postive Result RL.15201 ‘Sample 870365 has been analyzed by liquid chromatography-mass spectrometry (LC-MS) and found to contain the following: benzoylecgonine found In urine Danzoyleegoning is a metaboite of cocaine (cocaine is a local anesthetic and class 1 drug) - she concentration of benzoylecgonine is 32.6 ngimL. c111600-FDU. Dog Urine 7289 INTACT Laboratory Number ‘Specimen Final Waight ‘Seal Margi Gras Racetrack & Gaming Centar saia/e0t4a saiereor4 Collected From Date Collected Date Recalved Pursuant to Chapter 550.2415 (1), F.S., the public disclosure of the information contained in this Raport ot Positive Result Is authorized on or aftar 01/15/2015, or upon commencement of administrative action, whichever occurs fist. Hargret yang, FAORG K N Patrick T. Russel Associate Direcior Scientlic Research Manager pee ices eae @ ISonee eee ants Cortera ware ee | Page tof 18-62 The Foundation for The Gator Nation ‘nau Opp nsrton EXHIBIT #-1 PAGE #~-/e state or Fiorina @ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING Notice of Violation for Drug Positive [zeae eee US RESPONDENTINFORMATIONS Lm tc ama Respondent Name: Pari-Mutuel Facility Name: BRIAN J. WEBB Mardi Gras Racetrack ‘Street Address or P.O. Box: License Number: P.O Box 3205 6915346 Gily State: Zip Code (+4 optional) Dubuque A 52004 You are hereby notified of the following violation(s) of the following statute(s) and/or rule(s): §50.2415(1)(a), Florida Statutes Based on the following facts: Respondent was the trainer of record for and therefore the absolute insurer of the condition of a greyhound named “WAYLON HAMBONE” at all times material hereto. On December 14, 2014, “WAYLON HAMBONE” was entered and faced in the evening card's 9" race, post 2_and finished 3 at Mardi Gras Racetrack. A pre-race urine sample #970365 taken from “WAYLON HAMBONE” at the time of the race subsequently tested positive for Benzoylecgonine, a metabolite of Cocaine, a local anesthetic, and Class | drug. Please be advised that you have the right to request a split sample pursuant to Rule 61D-6.008, Florida Administrative Code, by submitting Form DBPR PMW-3290, Notification to Stewards/Judge of Split Sample Request. To request a split sample, you can obtain form DBPR PMW-3280, Notification to Stewards/Division Judge of Split Sample Request, as well as the list of approved split sample laboratories, at the State Office located in any of the pari-mutuel facilities, or on the division's website: www myfloridalicense.com/dbpr/pmwiforms.html. You have ten (10) days from receipt of this notice to reauen/a it gample. 7 ty ae 2S | la, Hiss [Respondent Signature ~ Date’ Notification served by a / 09 [i Signature Date : EXHIBIP #2, PAGE # |FAO I Hain 1S VHiome | inbox | Enity | Appicaton | License | Cash | Exam | inspecton | Enforcement | Report | ow License Search | Enily Search | Modify Lcense Standing | Manan License CE Cont! | Domain 100 - Division of Pari-Mutuel Wagering Logged in as: Istallings VR Home > License Search > License Home | [License Licensee] 1021 paw I} rod Toc oe Ptesionet son ences (esa) Gccupatnal Tits Hoy rey 41136 Namo WEBBLBRIAN onde To Back PND Profesional Lieonso# 6915946 Rank Indvdtal Renews On | ‘Occupational | Eniy# 6915246 Lic Sts Curent | ‘Address | Sheet# Steet POBOXs205 tine2 vines iy DUBUQUE Ste A zip 82004 Routing ee [otor | tetLicense date 11/05/2012 Rank Date 11/05/2012 Certifcate # | Metied 18-1020 Status Date 11/05/2012 Coriicate Date Fee Exempt No Birth Date 06/11/1987 _ Renewal Sent Select ~ Acton [ a a Effective | pe. * | Modifier % [Dato % | Additional Info| 1OWN- Individual Animal | aypanoo3 | Owner BESTLIC NBR 6915346 SGorAdobe Reopen Nr ay 3 PAGE #_/(all2) License Home e Page | of | FAQ | Help | SignO Wirome [ itor [ eniy | Anpizaion | Ucense [Cath Exam Tapedion | Erscerent | Repo License Search | Eny Search | Modify License Standing \VR Home > License Search > License Home | Maintain Lieonse CE Controt “Domai 10=Divistorrof PartsMutuet Wayertag——-veggeditrastsmith License License # 7433334 Enlity # 7439394 Lic Status Current 4021 . PW Professional || Fed Tax ic || Fee To AI Lc Tv inci Occupational Fie# 44588 Name Hambleton, James W Rank PIND - Professional Individual Occupational Expires On 06/30/2016 Extended To Renewed On ‘st License Date 0911/2013 Rank Date Method |-8-1024 Status Date Address Steet # 262A Street CAMP ROAD Line 2 Line 3 City SOLOMON State KS Zip 67480 Routing Other 091112013 Certificate # 09/11/2013 Certificate Date Fee Exempt No Birth Date 12/03/1960 Renewal Sent Select | j| Acton | | Modifiers = - ~ | Effective 7 | Type _* | moditier [Daten | | Additional info | * Ie TOWN = Indvidl Animal Owner | 0511972008 om 1 GHND - Greyhound [05/13/2005 ] [1 [TR - Thoroughbred [osr20%3 L 10 TLH Licensing 062572013 Y GYR 3 Year License 06/18/2010 Alt Keys, BEST LIC NBR 7433334 bhutp://vr:9029/leS/faces/jsp/license/AL | |LicenseSearch,jsp Tieensee History OL Notes Noles History AGet Adobe Reader EXHIBIT sof PAGE # -/ 1/15/2015NINTH RACE MARDI GRAS GRADED 550 yards Cp Sunday, December 14, 2014- Evening $.10 Superfectas,§.50 Trifectas, Quinielas,Perfectas WIN, PLACE, SHOW Www.mardigrascasinofl.com Track Revords WW Rppleack, 264, 2008 “14 PJLOVEVOURSUIT a Owner:P. eter or Vd hed fet TV w'rs0.., iar 17. 2019, days Octane urate Bobet ian eV une aye mG 350 Je 745. 8 Me. 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Page tof 1 ~ State of Florida Department of Business and Professional Regulation Division of Pari-Mutuel Wagering | KENNEL PERSONNEL ROSTER : " TRACK: Maceh Gi TOS SEASON 2013-2014. KENNEL NAME:_[ 90! de KENNEL LICENSE No:_733/359—|* aporess:70-Bex,B160 Warwide. QL ozgegy owner:_Ric bvd Brindle OWNER LICENSE NO. 552. 50.2 — |?! . raw (ebb 6915 2d lo -|5 holawr Quivctero ASST. TRAINER | 679566/) ~ 1S Tos Hell ASsT.TRAINER | 39705659 -15 ASST. TRAINER AUTHORIZED AGENT HELPER. HELPER, HELPER | HELPER | HELPER | HELPER White Copy Racing Secretary Pink Copy: State Otce G ~ mer or Trainer's SignatureAaeyanoge7 - Ato Whe Onoveus LY Miwa Le) RAL - Ad00 eHUA (cors0) C08 - mi it RBA wu ‘aumgeuiks suaredesd juswidiys I hed aweNn sueredaig JUeWIINS caumeubig suosjuedns, oy vpuley paid sloswodng = RrSrgy ICO -FadsYS epee se HE a — r —— ass Oo | eas 48 { oy Sa) OD wey ey [SIRS ES GAM TEib MPSA POT a A VMI Sb | SIT OH ES RATS EB | ORG F San] RUB TAL HORTA WHY EF ~ SS! OD way Sy POLE -0nCy FOI PMLSSey KUM W HO CUT] + zy OD RY By [ES FOL vIn SB S/S TSS) oD we 7H [IeOES OAD pee s|S ST oD Woy Fa] [OVECEES TA aiNo] BE wel TST os oip a aA Tey O Coe io 7 SST OD PAY 4 [8S TO TRIE SNE ZI = ~ sat 6 wee 7G EN TORE sy Sep [RSI Pra ¥ PaPl) | 2 ‘AT3LITANOO LNO GFTI4 3B .LSAW WHOS SIL (au0 e779) Le) SONNOHATYO ONIOVY HOF TET ea OR eed NOULDITION T7AWYS 30 DYOITY AVA ~——esnieubis| ee 1 y22u9| ONINIOWM TANLNWHuVd dO NOISIAI ‘yowerya 8829 pry NOILWINOSH TWNOISSA4OUd GN SSANISNE SO LNAWLYvd30 paneoey QE7 S120) JequnN EL ‘VOINOTS 40 BLVIS :FILED Depury Agency ler STATE OF FLORIDA CLERK Eve Lawson Proctor DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATH] = 2/10/2015 DIVISION OF PARI-MUTUEL WAGERING i CASE NUMBER: 2015-00572 COMPLAINT MADE AGAINST: Brian J. Webb STAFF RECOMMENDATION CLOSE CLOSING ORDER THE COMPLAINT: The complaints allege that Respondent raced a greyhound with a drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-masking agent, in violation of section 550.2415, Florida Statutes, on December 14, 2014. THE FACTS: Respondent, as trainer of record for the greyhound “Waylon Hambone raced the greyhound on December 14, 2014, at Mardi Gras Racetrack while the animal was positive for Benzoylecgonine, a metabolite of Cocaine, whieh is a local anesthetic and Class One drug, in violation of section 550.2415, Florida Statutes. The urine sample that reflected the greyhound’s positive drug test was collected from the greyhound prior ( the greyhound participating in the race on December 14, 2014. THE LAW: Chapter $50, Florida Statutes, defines the jurisdiction of the Division with regard to pari-mutuel licensees. On or about January 29, 2015, the Honorable Administrative Law Judge, F. Scott Boyd entered a Final Order in DOAH Case No. 2014-5276RU, establishing that the Division must “immediately discontinue all reliance upon Section 3 [of the Greyhound Veterinary Assistant Procedures Manual}, or any substantially similar statement, as a basis for agency action.” After a review of the posture of the instant cases, the drug positive sample was collected from the greyhound at issue prior to its race performances in accordance with Section 3 of the Greyhound Veterinary Assistant Procedures Manual and as such, according to the Final Order in DOAH Case No. 2014-5276RU, the Division cannot rely on the sample as the basis for agency actior ln is therefore ORDERED that this eases should be and is hereby DISMISSED. DONE and ORDERED this |) _ day of February, 2015. J Maine CGtiet Auiorney Copy to Marisa G. Button, EXHIBIT # PAGE #-Muniz, Luz Kogan, Steven Tuesday, January 06, 2015 3:45 PM Muniz, Luz Torres2, Juan; Smith, Tyrell Callejas, Jorge FW: 2015000572, Mardi Gras, Brian Webb, Drug Benzoylecgonine, Class 1 2014000572-Brian Webb 144,pdf Luz...Please open and assign this Class 1 case to Tyrell Smith. Juan and Tyrell. Please conduct an inspection as soon as possible and notify George Callejas when completed. Rorids Department: ie Business) Professional Regulation Steven E. Kogan, Chief of Investigations Division of Pari-Mutuel Wagering, Office of Investigations 1400 West Commercial Biva., Suite #165, Ft. Lauderdale FL 33309 954-202-3800 Ext.76775 Office ~ 954-202-3930 FAX use aay fins at aye dacematon dono lenion li communion ty chad Hy aaa ne rd pin at city ry em an oy cope agi message. From: Stallings, L.P. Sent: Tuesday, January 06, 2015 3:04 PM To: Barber, Bryan; Callejas, Jorge Ce: Blackman, Jill; Kogan, Steven; Kirkland, Stephanie ‘Subject: 2015000572, Mardi Gras, Brian Webb, Drug Benzoylecgonine, Class 1 class 1 LP. Stallings 850.717.1078 EXHIBIT di PAGE #