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





                                                   HOUSE AMENDMENT

                                        Bill No. HB 4165, 1st Eng.

    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  Representative(s) Bronson offered the following:

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13         Amendment (with title amendment) 

14         On page 4, line 27, through page 7, line 5,

15  remove from the bill:  all of said lines

16

17  and insert in lieu thereof:

18         Section 4.  Section 535.08, Florida Statutes, is

19  created to read:

20         535.08  Thoroughbred sales; administration of

21  medications prior to sale; testing.--

22         (1)  No person shall administer to any thoroughbred

23  horse offered for licensed public sale at a thoroughbred horse

24  sale any substance that is recognized as an injectable, oral,

25  or topical medication within 72 hours of the start of the sale

26  session in which the thoroughbred horse is offered for sale

27  unless the person is a licensed veterinarian and the

28  medication is therapeutic or necessary for the treatment or

29  prevention of an illness or injury.

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

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

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    File original & 9 copies    04/26/98
    hag0009                     05:46 pm         04165-0079-860859




                                                   HOUSE AMENDMENT

                                        Bill No. HB 4165, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  purpose by the sales organization, signed by the attending

 2  veterinarian, which shall set forth the following information:

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

 4  strength.

 5         (b)  The date and time of administration.

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

 7  entry number.

 8         (d)  The reason for administration.

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

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

12  of the sales session in which the thoroughbred horse is

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

14  The sales organization shall make all such forms available to

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

16  publicized in any applicable sales catalogue.

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

18  designated by the department, may collect a blood sample from

19  any thoroughbred horse offered or sold at a licensed

20  thoroughbred horse sale for the purpose of determining if the

21  horse has been administered a substance in violation of

22  subsection (1). Such a test shall be performed at the request

23  of the purchaser of any thoroughbred horse sold, if the

24  purchaser makes such a request before taking physical

25  possession of the animal and within 24 hours of the time of

26  sale. The purchaser shall be solely responsible for the cost

27  of the test, and payment shall be made to the sales

28  organization. The sales organization shall then remit the cost

29  of these tests to the department.

30         (b)  Any such blood sample shall be delivered for

31  initial testing to an official laboratory approved by the

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    File original & 9 copies    04/26/98
    hag0009                     05:46 pm         04165-0079-860859




                                                   HOUSE AMENDMENT

                                        Bill No. HB 4165, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  department. One-half of any such blood sample shall be used

 2  for initial testing and the remaining one-half shall be stored

 3  for possible follow-up testing for a period of not less than 2

 4  weeks after receipt of the initial test results.

 5         (c)  The seller may request followup testing in

 6  response to any positive test result within 48 hours after

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

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

 9  request of the seller, the original laboratory and an

10  additional laboratory selected by the seller and approved by

11  the state veterinarian shall test the stored sample.

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

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

14  followup testing by both laboratories confirms this conclusion

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

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

17  as unsold.

18         (e)  The department shall by rule, establish those

19  medications and depressants for which a tolerance may be set

20  that, if found in the blood sample, may be construed to be

21  forbidden substances; shall establish procedures for the

22  collection, handling, and storage of blood samples; and shall

23  specify the type of test to be used. Until such time that a

24  tolerance or test is established, a zero tolerance will be

25  enforced.

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

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

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

29  such person commits a misdemeanor of the first degree,

30  punishable as provided in ss. 775.082 and 775.083.

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

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    File original & 9 copies    04/26/98
    hag0009                     05:46 pm         04165-0079-860859




                                                   HOUSE AMENDMENT

                                        Bill No. HB 4165, 1st Eng.

    Amendment No.     (for drafter's use only)





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

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

 3  at a licensed public sale any horse in this state for a period

 4  of 2 years from the date of the conviction.

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 6

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

 8  And the title is amended as follows:

 9         On page 1, line 19 after "testing;"

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11  insert:

12         providing for a tolerance or test for

13         medications and depressants;

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    File original & 9 copies    04/26/98
    hag0009                     05:46 pm         04165-0079-860859