Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for CS for CS for SB 1630
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/30/2014           .                                

       The Committee on Appropriations (Latvala and Galvano)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 2421 and 2422
    4  insert:
    5         Section 106. Section 828.35, Florida Statutes, is created
    6  to read:
    7         828.35 Humane treatment of racehorses.—
    8         (1)(a) In order to ensure the humane treatment and welfare
    9  of horses racing in this state and notwithstanding any other law
   10  to the contrary, the Division of Pari-mutuel Wagering, in
   11  consultation with the Department of Agriculture and Consumer
   12  Services and the designated state laboratory, shall adopt rules
   13  establishing the conditions of use and maximum concentrations of
   14  drugs, medications, and naturally occurring substances
   15  identified in the most recent Controlled Therapeutic Medication
   16  Schedule adopted by the Association of Racing Commissioners
   17  International, Inc. (ARCI) on or before April 30, 2014.
   18  Controlled therapeutic medications include only the specific
   19  medications and concentrations authorized in biological samples
   20  that have been approved by ARCI as controlled therapeutic
   21  medications. The division shall initiate rulemaking to consider
   22  the adoption of any subsequent amendments to the Controlled
   23  Therapeutic Medication Schedule, penalties, or laboratory
   24  screening limits adopted by ARCI within 180 days after the
   25  adoption of any such amendments. The division shall adopt
   26  laboratory-screening limits approved by ARCI for drugs and
   27  medications that are not included as controlled therapeutic
   28  medications. The division rules must include a classification
   29  system for medications and drugs and a corresponding penalty
   30  schedule for violations, which must incorporate the Uniform
   31  Classification Guidelines for Foreign Substances, revised
   32  December 2013, as adopted by ARCI. The rules must specify those
   33  drugs considered prohibited substances, whose presence in a
   34  sample in prescribed concentrations may result in administrative
   35  sanction by the division.
   36         (b) After consultation with the department and the state
   37  laboratory, the division shall, notwithstanding s. 550.2415,
   38  designate the appropriate biological specimens by which the
   39  administration of medications, drugs, and naturally occurring
   40  substances are monitored and the testing methodologies for
   41  screening and confirmation.
   42         (c) The rules must include conditions for the humane use of
   43  furosemide to treat exercise-induced pulmonary hemorrhage.
   44  Notwithstanding any other law, furosemide is the only medication
   45  that may be administered within 24 hours of the officially
   46  scheduled post time of a race, but it may not be administered
   47  within 4 hours before the officially scheduled post time.
   48         (2) The division shall implement a split-sample procedure
   49  for testing racehorses to ensure their humane treatment. Upon
   50  collection, each urine and blood sample shall be split into a
   51  primary sample and a secondary (split) sample in accordance with
   52  rules adopted by the division. The division shall transfer
   53  custody of the primary sample to the state laboratory, with
   54  custody of the split sample remaining with the division except
   55  as provided in this subsection. Unless otherwise recommended by
   56  the department, serum is the testing medium for phenylbutazone
   57  in horses.
   58         (a) The division shall notify the owner or trainer, the
   59  stewards, the department, and the horsemen’s association of all
   60  drug test results. In the event of a positive test result, and
   61  upon request by the affected trainer or owner of the horse from
   62  which the sample was obtained, the division shall send the split
   63  sample to an approved independent laboratory for analysis. The
   64  division shall establish standards and rules for uniform
   65  enforcement and maintain a list of at least five approved
   66  independent laboratories for an owner or trainer to select from
   67  in the event of a positive test result.
   68         1. If the laboratory’s findings are not confirmed by the
   69  independent laboratory, further administrative or disciplinary
   70  action under this section may not be pursued. The division may
   71  adopt rules identifying substances that diminish in a blood or
   72  urine sample due to passage of time and that must be taken into
   73  account in applying this section.
   74         2. If the independent laboratory confirms the positive
   75  result, the division shall inform the department and may seek
   76  administrative sanctions pursuant to chapter 120 against the
   77  violator within 180 days after laboratory confirmation which, in
   78  addition to license suspension or revocation, may include the
   79  imposition of a fine against the violator in an amount not to
   80  exceed the purse or sweepstakes earned by the horse in the race
   81  at issue or $10,000, whichever is greater. Upon receiving the
   82  report, the department may forward the report to the appropriate
   83  law enforcement agency for investigation of potential violations
   84  of s. 828.12. For the purpose of this subsection, the division
   85  shall in good faith attempt to obtain a sufficient quantity of
   86  the test fluid to allow both a primary test and a secondary
   87  test. If there is an insufficient quantity of the split sample
   88  for confirmation of the division laboratory’s positive result,
   89  the division may not take further action on the matter against
   90  the owner or trainer and any resulting license suspension must
   91  be immediately lifted.
   92         (b) The division shall require its laboratory and the
   93  independent laboratories to annually participate in an
   94  externally administered quality assurance program designed to
   95  assess testing proficiency in the detection and appropriate
   96  quantification of medications, drugs, and naturally occurring
   97  substances that may be administered to racing horses. The
   98  administrator of the quality assurance program shall report its
   99  results and findings to the division and the department.
  101  ================= T I T L E  A M E N D M E N T ================
  102  And the title is amended as follows:
  103         Delete line 281
  104  and insert:
  105         products; creating s. 828.35, F.S.; requiring the
  106         Division of Pari-mutuel Wagering within the Department
  107         of Business and Professional Regulation to adopt
  108         rules; providing procedures for testing certain
  109         animals for medications or drugs; requiring the
  110         division’s laboratory and certain independent
  111         laboratories to participate annually in a quality
  112         assurance program; requiring the administrator of the
  113         quality assurance program to report its results and
  114         findings to the division and the Department of
  115         Agriculture and Consumer Services; repealing s.
  116         487.172, F.S., relating to an