Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1630
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/08/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Between lines 944 and 945
    4  insert:
    5         Section 23. Paragraph (b) of subsection (1), paragraph (a)
    6  of subsection (3), paragraph (e) of subsection (6), and
    7  subsections (7) through (16) of section 550.2415, Florida
    8  Statutes, are amended to read:
    9         550.2415 Racing of animals under certain conditions
   10  prohibited; penalties; exceptions.—
   11         (1)
   12         (b) It is a violation of this section for a race-day
   13  specimen to contain a level of a naturally occurring substance
   14  which exceeds normal physiological concentrations. The division
   15  may solicit input from the Department of Agriculture and
   16  Consumer Services adopt rules that specify normal physiological
   17  concentrations of naturally occurring substances in the natural
   18  untreated animal and rules that specify acceptable levels of
   19  environmental contaminants and trace levels of substances in
   20  test samples.
   21         (3)(a) Upon the finding of a violation of this section, the
   22  division may revoke or suspend the license or permit of the
   23  violator or deny a license or permit to the violator; impose a
   24  fine against the violator in an amount not exceeding the earned
   25  value of the purse or sweepstakes of the race at issue $5,000;
   26  require the full or partial return of the purse, sweepstakes,
   27  and trophy of the race at issue; or impose against the violator
   28  any combination of such penalties. The finding of a violation of
   29  this section in no way prohibits a prosecution for criminal acts
   30  committed.
   31         (6)
   32         (e) The division may inspect or coordinate inspections with
   33  the Department of Agriculture and Consumer Services of any area
   34  at a pari-mutuel facility where racing animals are raced,
   35  trained, housed, or maintained, including any areas where food,
   36  medications, or other supplies are kept, to ensure the humane
   37  treatment of racing animals and compliance with this chapter and
   38  the rules of the division.
   39         (7) Under no circumstances may any Medication may not be
   40  administered closer than 24 hours before prior to the officially
   41  scheduled post time of a race except as provided for in this
   42  section.
   43         (a) Furosemide is the only medication that may be
   44  administered within 24 hours before the officially scheduled
   45  post time. However, furosemide may not be administered within 4
   46  hours before the officially scheduled race time. The division
   47  shall adopt rules setting conditions for the use of furosemide
   48  to treat exercise-induced pulmonary hemorrhage.
   49         (b) The division shall adopt rules setting conditions for
   50  the use of prednisolone sodium succinate, but under no
   51  circumstances may furosemide or prednisolone sodium succinate be
   52  administered closer than 4 hours prior to the officially
   53  scheduled post time for the race.
   54         (c)Before January 1, 2015, the division shall adopt rules
   55  that establish the definitions of prohibited substances and the
   56  setting conditions for the use of controlled therapeutic
   57  medications. Controlled therapeutic medications may include only
   58  the specific medications and concentrations allowed in
   59  biological samples that have been approved by the Association of
   60  Racing Commissioners International, Inc., as controlled
   61  therapeutic medications phenylbutazone and synthetic
   62  corticosteroids; in no case, except as provided in paragraph
   63  (b), shall these substances be given closer than 24 hours prior
   64  to the officially scheduled post time of a race. Oral
   65  corticosteroids are prohibited except when prescribed by a
   66  licensed veterinarian and reported to the division on forms
   67  prescribed by the division.
   68         (c)(d)Nothing in This section does not shall be
   69  interpreted to prohibit the use of vitamins, minerals, or
   70  naturally occurring substances if they do not exceed so long as
   71  none exceeds the normal physiological concentration in a race
   72  day specimen.
   73         (e) The division may, by rule, establish acceptable levels
   74  of permitted medications and shall select the appropriate
   75  biological specimens by which the administration of permitted
   76  medication is monitored.
   77         (8)(a) Under no circumstances may any medication be
   78  administered within 24 hours before the officially scheduled
   79  post time of the race except as provided in this section.
   80         (b) As an exception to this section, if the division first
   81  determines that the use of furosemide, phenylbutazone, or
   82  prednisolone sodium succinate in horses is in the best interest
   83  of racing, the division may adopt rules allowing such use. Any
   84  rules allowing the use of furosemide, phenylbutazone, or
   85  prednisolone sodium succinate in racing must set the conditions
   86  for such use. Under no circumstances may a rule be adopted which
   87  allows the administration of furosemide or prednisolone sodium
   88  succinate within 4 hours before the officially scheduled post
   89  time for the race. Under no circumstances may a rule be adopted
   90  which allows the administration of phenylbutazone or any other
   91  synthetic corticosteroid within 24 hours before the officially
   92  scheduled post time for the race. Any administration of
   93  synthetic corticosteroids is limited to parenteral routes. Oral
   94  administration of synthetic corticosteroids is expressly
   95  prohibited. If this paragraph is unconstitutional, it is
   96  severable from the remainder of this section.
   97         (c) The division shall, by rule, establish acceptable
   98  levels of permitted medications and shall select the appropriate
   99  biological specimen by which the administration of permitted
  100  medications is monitored.
  101         (8)(9)(a) The division may conduct a postmortem examination
  102  of any animal that is injured at a permitted racetrack while in
  103  training or in competition and that subsequently expires or is
  104  destroyed. The division may conduct a postmortem examination of
  105  any animal that expires while housed at a permitted racetrack,
  106  association compound, or licensed kennel or farm. Trainers and
  107  owners must shall be requested to comply with this paragraph as
  108  a condition of licensure.
  109         (b) The division may take possession of the animal upon
  110  death for postmortem examination. The division may submit blood,
  111  urine, other bodily fluid specimens, or other tissue specimens
  112  collected during a postmortem examination for testing by the
  113  division laboratory or its designee. Upon completion of the
  114  postmortem examination, the carcass must be returned to the
  115  owner or disposed of at the owner’s option.
  116         (9)(10) The presence of a prohibited substance in an
  117  animal, found by the division laboratory in a bodily fluid
  118  specimen collected after the race or during the postmortem
  119  examination of the animal, which breaks down during a race
  120  constitutes a violation of this section.
  121         (10)(11) The cost of postmortem examinations, testing, and
  122  disposal must be borne by the division.
  123         (11)(12) The division shall adopt rules, laboratory
  124  standards, and penalties to implement this section. The rules
  125  may include a classification system for prohibited substances
  126  and a corresponding penalty schedule for violations.
  127         (12)(13)Except as specifically modified by statute or by
  128  rules of the division, The most recent Uniform Classification
  129  Guidelines for Foreign Substances, revised February 14, 1995, as
  130  promulgated by the Association of Racing Commissioners
  131  International, Inc., is hereby adopted by reference as the
  132  uniform classification system for class IV and V medications.
  133         (14) The division shall utilize only the thin layer
  134  chromatography (TLC) screening process to test for the presence
  135  of class IV and V medications in samples taken from racehorses
  136  except when thresholds of a class IV or class V medication have
  137  been established and are enforced by rule. Once a sample has
  138  been identified as suspicious for a class IV or class V
  139  medication by the TLC screening process, the sample will be sent
  140  for confirmation by and through additional testing methods. All
  141  other medications not classified by rule as a class IV or class
  142  V agent shall be subject to all forms of testing available to
  143  the division.
  144         (15) The division may implement by rule medication levels
  145  recommended by the University of Florida College of Veterinary
  146  Medicine developed pursuant to an agreement between the Division
  147  of Pari-mutuel Wagering and the University of Florida College of
  148  Veterinary Medicine. The University of Florida College of
  149  Veterinary Medicine may provide written notification to the
  150  division that it has completed research or review on a
  151  particular drug pursuant to the agreement and when the College
  152  of Veterinary Medicine has completed a final report of its
  153  findings, conclusions, and recommendations to the division.
  154         (13)(16) The testing medium for phenylbutazone in horses
  155  shall be serum, and the division may collect up to six full 15
  156  milliliter blood tubes for each horse being sampled.
  158  ================= T I T L E  A M E N D M E N T ================
  159  And the title is amended as follows:
  160         Delete line 70
  161  and insert:
  162         Council; conforming a cross-reference; amending s.
  163         550.2415, F.S.; authorizing the Division of Pari
  164         mutuel Wagering to solicit input from and coordinate
  165         inspections with the Department of Agriculture and
  166         Consumer Services; revising the penalties for
  167         violating laws relating to the racing of animals;
  168         revising the rulemaking authority of the division;
  169         creating part I