CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4165

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Finance & Taxation offered the following:

12

13         Amendment (with title amendment) 

14         On page 3, between lines 23 and 24, of the bill

15

16  insert:

17         Section 5.  Section 535.08, Florida Statutes, is

18  created to read:

19         535.08  Thoroughbred sales; administration of

20  medications prior to sale; testing.--

21         (1)  No person shall administer to any thoroughbred

22  horse offered for public sale at a thoroughbred horse sale any

23  substance that is recognized as an injectable, oral, or

24  topical medication within 72 hours of the start of the sale

25  session in which the thoroughbred horse is offered for sale

26  unless the person is a licensed veterinarian and the

27  medication is therapeutic or necessary for the treatment or

28  prevention of an illness or injury.

29         (2)  The administration of any such medication must be

30  reported to the sales organization on a form provided for this

31  purpose by the sales organization, signed by the attending

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4165

    Amendment No.     (for drafter's use only)





 1  veterinarian, which shall set forth the following information:

 2         (a)  Identification of the medication, amount, and

 3  strength.

 4         (b)  The date and time of administration.

 5         (c)  Identification of the horse's name, age, sex, and

 6  entry number.

 7         (d)  The reason for administration.

 8

 9  The form must be filed with the sales organization no later

10  than 12 hours after administration or 1 hour before the start

11  of the sales session in which the thoroughbred horse is

12  offered for sale, whichever would require the earlier filing.

13  The sales organization shall make all such forms available to

14  the public, and the availability of this information shall be

15  publicized in any applicable sales catalogue.

16         (3)(a)  The state veterinarian, or any veterinarian

17  designated by the department, may administer a blood test to

18  any thoroughbred horse offered or sold at a thoroughbred horse

19  sale for the purpose of determining if the horse has been

20  administered a substance in violation of subsection (1). Such

21  a test shall be performed at the request of the purchaser of

22  any thoroughbred horse sold, if the purchaser makes such a

23  request before taking physical possession of the animal and

24  within 24 hours of the time of sale. The purchaser shall be

25  solely responsible for the cost of the test, and payment shall

26  be made to the sales organization. The sales organization

27  shall then remit the cost of these tests to the department.

28         (b)  One-half of any such blood sample shall be

29  delivered for initial testing to the official laboratory

30  approved by the department. The other half of the blood sample

31  shall be stored for possible followup testing for a period of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4165

    Amendment No.     (for drafter's use only)





 1  not less than 2 weeks after receipt of the initial test

 2  results.

 3         (c)  The seller may request followup testing in

 4  response to any positive test result within 48 hours after

 5  receiving actual notice of such a result. The seller shall be

 6  solely responsible for the cost of any followup testing. Upon

 7  request of the seller, the original laboratory and an

 8  additional laboratory selected by the seller and approved by

 9  the state veterinarian shall test the stored sample.

10         (d)  If initial testing reveals that a horse has been

11  administered a substance in violation of subsection (1) and

12  followup testing by both laboratories confirms this conclusion

13  or the seller does not request such testing within the 48-hour

14  period provided, the consignor must accept return of the horse

15  as unsold.

16         (4)(a)  Any person who violates subsection (1) commits

17  a misdemeanor of the second degree, punishable as provided in

18  ss. 775.082 and 775.083. For a second or subsequent offense,

19  such person commits a misdemeanor of the first degree,

20  punishable as provided in ss. 775.082 and 775.083.

21         (b)  In addition to the penalties provided in paragraph

22  (a), any person convicted of a violation of subsection (1)

23  shall be barred from showing, exhibiting, or offering for sale

24  at a public sale any horse in this state for a period of 2

25  years from the date of the conviction.

26         Section 6.  Subsection (1) of section 535.11, Florida

27  Statutes, is amended to read:

28         535.11  Prohibition against administration of drugs;

29  testing; search powers of department; penalties.--

30         (1)  As used in this section, the term:

31         (a)  "Stimulant" means any medication that stimulates

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4165

    Amendment No.     (for drafter's use only)





 1  the circulatory, respiratory, or central nervous system.

 2         (a)(b)  "Depressant" means any medication that

 3  depresses the circulatory, respiratory, or central nervous

 4  system.

 5         (b)(c)  "Forbidden substance" means any stimulant,

 6  depressant, tranquilizer, analgesic, local anesthetic,

 7  steroidal or nonsteroidal anti-inflammatory drug, or drug or

 8  drug metabolite that could affect the performance of a horse.

 9  The term includes any substance, regardless of how harmless or

10  innocuous, which could interfere in detecting the presence of

11  a stimulant, depressant, tranquilizer, analgesic, local

12  anesthetic, steroidal or nonsteroidal anti-inflammatory drug,

13  or drug or drug metabolite that could affect the performance

14  of a horse.

15         (c)  "Horse show," "horse exhibition," or "horse sale"

16  means any event in which horses compete for awards, prizes,

17  points, ribbons, or money or are made available for public

18  sale other than through a public sale of thoroughbred horses

19  that requires licensing under s. 535.01.

20         (d)  "Stimulant" means any medication that stimulates

21  the circulatory, respiratory, or central nervous system.

22         (e)(d)  "Trainer" means any adult who has the

23  responsibility for the care, training, custody, or performance

24  of a horse.  Such person may be an owner, rider, agent, or

25  coach, as well as a trainer.

26

27

28  ================ T I T L E   A M E N D M E N T ===============

29  And the title is amended as follows:

30         On page 1, line 17,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4165

    Amendment No.     (for drafter's use only)





 1  after the semicolon, insert:

 2         creating s. 535.08, F.S.; providing a

 3         prohibition against the administration of

 4         medications to thoroughbred horses prior to

 5         sale; providing an exception and certain

 6         requirements; providing for testing; providing

 7         penalties; amending s. 535.11, F.S., relating

 8         to prohibition against administration of drugs

 9         to horses; providing a definition;

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    File original & 9 copies    04/06/98
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