Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 742
Ì240172yÎ240172
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/09/2014 .
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1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (3) of section
6 550.2415, Florida Statutes, is amended, paragraph (f) is added
7 to subsection (6) of that section, and subsections (7) through
8 (16) of that section, are amended, to read:
9 550.2415 Racing of animals under certain conditions
10 prohibited; penalties; exceptions.—
11 (3)(a) Upon the finding of a violation of this section, the
12 division may revoke or suspend the license or permit of the
13 violator or deny a license or permit to the violator; impose a
14 fine against the violator in an amount not exceeding the earned
15 value of the purse or sweepstakes of the race at issue $5,000;
16 require the full or partial return of the purse, sweepstakes,
17 and trophy of the race at issue; or impose against the violator
18 any combination of such penalties. The finding of a violation of
19 this section in no way prohibits a prosecution for criminal acts
20 committed.
21 (6)
22 (f)1. The division shall maintain records regarding
23 injuries incurred by racing greyhounds while they are racing in
24 this state, including injuries incurred in schooling races. The
25 records must include:
26 a. The greyhound’s registered name, right and left ear
27 tattoo numbers, and, if any, the microchip manufacturer and
28 number.
29 b. The name, business address, and telephone number of the
30 greyhound owner and trainer and the kennel operator.
31 c. The color, weight, and sex of the greyhound.
32 d. The location where the injury took place, whether on a
33 racetrack or in another area.
34 e. If the injury occurred while the greyhound was racing,
35 the racetrack where the injury occurred and the distance, grade,
36 race, and post position of the greyhound when the injury
37 occurred.
38 f. The weather conditions, time, and track condition when
39 the injury occurred.
40 g. The specific type and bodily location of injury, the
41 cause of the injury, and the estimated recovery time from the
42 injury.
43 2. All injury forms shall be completed and signed under
44 oath or affirmation under penalty of perjury by the racetrack
45 veterinarian, whose signature must be witnessed by a designated
46 representative of the division.
47 3. Injury records created and maintained under this
48 paragraph shall be maintained by the division for a period of 7
49 years and shall be made readily available to the public upon
50 oral or written request to the division.
51 4. Knowingly making a false statement on an injury form
52 shall result in a fine not to exceed $1,500. A second or
53 subsequent violation of this paragraph shall result in a fine of
54 at least $3,000.
55 (7) Under no circumstances may any Medication may not be
56 administered closer than 24 hours before prior to the officially
57 scheduled post time of a race except as provided for in this
58 section.
59 (a) Furosemide is the only medication that may be
60 administered within 24 hours before the officially scheduled
61 post time. However, furosemide may not be administered within 4
62 hours before the officially scheduled race time. The division
63 shall adopt rules setting conditions for the use of furosemide
64 to treat exercise-induced pulmonary hemorrhage.
65 (b) The division shall adopt rules setting conditions for
66 the use of prednisolone sodium succinate, but under no
67 circumstances may furosemide or prednisolone sodium succinate be
68 administered closer than 4 hours prior to the officially
69 scheduled post time for the race.
70 (c) Before January 1, 2015, the division shall adopt rules
71 that establish the definitions of prohibited substances and the
72 setting conditions for the use of controlled therapeutic
73 medications. Controlled therapeutic medications may include only
74 the specific medications and concentrations allowed in
75 biological samples that have been approved by the Association of
76 Racing Commissioners International, Inc., as controlled
77 therapeutic medications phenylbutazone and synthetic
78 corticosteroids; in no case, except as provided in paragraph
79 (b), shall these substances be given closer than 24 hours prior
80 to the officially scheduled post time of a race. Oral
81 corticosteroids are prohibited except when prescribed by a
82 licensed veterinarian and reported to the division on forms
83 prescribed by the division.
84 (c)(d) Nothing in This section does not shall be
85 interpreted to prohibit the use of vitamins, minerals, or
86 naturally occurring substances if they do not exceed so long as
87 none exceeds the normal physiological concentration in a race
88 day specimen.
89 (e) The division may, by rule, establish acceptable levels
90 of permitted medications and shall select the appropriate
91 biological specimens by which the administration of permitted
92 medication is monitored.
93 (8)(a) Under no circumstances may any medication be
94 administered within 24 hours before the officially scheduled
95 post time of the race except as provided in this section.
96 (b) As an exception to this section, if the division first
97 determines that the use of furosemide, phenylbutazone, or
98 prednisolone sodium succinate in horses is in the best interest
99 of racing, the division may adopt rules allowing such use. Any
100 rules allowing the use of furosemide, phenylbutazone, or
101 prednisolone sodium succinate in racing must set the conditions
102 for such use. Under no circumstances may a rule be adopted which
103 allows the administration of furosemide or prednisolone sodium
104 succinate within 4 hours before the officially scheduled post
105 time for the race. Under no circumstances may a rule be adopted
106 which allows the administration of phenylbutazone or any other
107 synthetic corticosteroid within 24 hours before the officially
108 scheduled post time for the race. Any administration of
109 synthetic corticosteroids is limited to parenteral routes. Oral
110 administration of synthetic corticosteroids is expressly
111 prohibited. If this paragraph is unconstitutional, it is
112 severable from the remainder of this section.
113 (c) The division shall, by rule, establish acceptable
114 levels of permitted medications and shall select the appropriate
115 biological specimen by which the administration of permitted
116 medications is monitored.
117 (8)(9)(a) The division may conduct a postmortem examination
118 of any animal that is injured at a permitted racetrack while in
119 training or in competition and that subsequently expires or is
120 destroyed. The division may conduct a postmortem examination of
121 any animal that expires while housed at a permitted racetrack,
122 association compound, or licensed kennel or farm. Trainers and
123 owners must shall be requested to comply with this paragraph as
124 a condition of licensure.
125 (b) The division may take possession of the animal upon
126 death for postmortem examination. The division may submit blood,
127 urine, other bodily fluid specimens, or other tissue specimens
128 collected during a postmortem examination for testing by the
129 division laboratory or its designee. Upon completion of the
130 postmortem examination, the carcass must be returned to the
131 owner or disposed of at the owner’s option.
132 (9)(10) The presence of a prohibited substance in an
133 animal, found by the division laboratory in a bodily fluid
134 specimen collected after the race or during the postmortem
135 examination of the animal, which breaks down during a race
136 constitutes a violation of this section.
137 (10)(11) The cost of postmortem examinations, testing, and
138 disposal must be borne by the division.
139 (11)(12) The division shall adopt rules, laboratory
140 standards, and penalties to implement this section. The rules
141 may include a classification system for prohibited substances
142 and a corresponding penalty schedule for violations.
143 (12)(13) Except as specifically modified by statute or by
144 rules of the division, The most recent Uniform Classification
145 Guidelines for Foreign Substances, revised February 14, 1995, as
146 promulgated by the Association of Racing Commissioners
147 International, Inc., is hereby adopted by reference as the
148 uniform classification system for class IV and V medications.
149 (14) The division shall utilize only the thin layer
150 chromatography (TLC) screening process to test for the presence
151 of class IV and V medications in samples taken from racehorses
152 except when thresholds of a class IV or class V medication have
153 been established and are enforced by rule. Once a sample has
154 been identified as suspicious for a class IV or class V
155 medication by the TLC screening process, the sample will be sent
156 for confirmation by and through additional testing methods. All
157 other medications not classified by rule as a class IV or class
158 V agent shall be subject to all forms of testing available to
159 the division.
160 (15) The division may implement by rule medication levels
161 recommended by the University of Florida College of Veterinary
162 Medicine developed pursuant to an agreement between the Division
163 of Pari-mutuel Wagering and the University of Florida College of
164 Veterinary Medicine. The University of Florida College of
165 Veterinary Medicine may provide written notification to the
166 division that it has completed research or review on a
167 particular drug pursuant to the agreement and when the College
168 of Veterinary Medicine has completed a final report of its
169 findings, conclusions, and recommendations to the division.
170 (13)(16) The testing medium for phenylbutazone in horses
171 shall be serum, and the division may collect up to six full 15
172 milliliter blood tubes for each horse being sampled.
173 Section 2. This act shall take effect July 1, 2014.
174
175 ================= T I T L E A M E N D M E N T ================
176 And the title is amended as follows:
177 Delete everything before the enacting clause
178 and insert:
179 A bill to be entitled
180 An act relating to greyhound racing injuries; amending
181 s. 550.2415, F.S.; revising the penalties for
182 violating laws relating to the racing of animals;
183 requiring the Division of Pari-mutuel Wagering within
184 the Department of Business and Professional Regulation
185 to maintain records of greyhounds injured while
186 racing; providing for the content of such records;
187 providing fines for making false statements on an
188 injury form; revising the rulemaking authority of the
189 division; revising the authorized use of certain
190 medications and testing methods; providing an
191 effective date.