Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 742
       
       
       
       
       
       
                                Ì876268SÎ876268                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/09/2014           .                                
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    1         Senate Substitute for Amendment (646294) (with directory
    2  and title amendments)
    3  
    4         Between lines 50 and 51
    5  insert:
    6         (7)(a) In order to protect the safety and welfare of racing
    7  animals and the integrity of the races in which they
    8  participate, the division shall adopt rules establishing the
    9  conditions of use and maximum concentrations of drugs,
   10  medications, and naturally occurring substances identified in
   11  the most recent Controlled Therapeutic Medication Schedule
   12  adopted by the Association of Racing Commissioners
   13  International, Inc., (ARCI) on or before April 30, 2014.
   14  Controlled therapeutic medications may include only the specific
   15  medications and concentrations allowed in biological samples
   16  that have been approved by ARCI as controlled therapeutic
   17  medications. The division shall adopt laboratory-screening
   18  limits approved by ARCI for drugs and medications that are not
   19  included as controlled therapeutic medications.
   20         (b) The division rules must designate the appropriate
   21  biological specimens by which the administration of medications,
   22  drugs, and naturally occurring substances are monitored and the
   23  testing methodologies for screening and confirmation.
   24         (c) The division rules must include a classification system
   25  for medications and drugs and a corresponding penalty schedule
   26  for violations, which must incorporate the Uniform
   27  Classification Guidelines for Foreign Substances, revised
   28  December 2013, as promulgated by ARCI. The rules must specify
   29  those drugs that are considered prohibited substances, whose
   30  presence in a sample in prescribed concentrations may result in
   31  summary suspension pursuant to paragraph (3)(b).
   32         (d) The rules must include conditions for the use of
   33  furosemide to treat exercise-induced pulmonary hemorrhage.
   34         (e) The division shall adopt the rules described in this
   35  subsection before January 1, 2015. The division shall initiate
   36  rulemaking to consider the adoption of any subsequent amendments
   37  to the Controlled Therapeutic Medication Schedule adopted by
   38  ARCI within 180 days after any such amendments Under no
   39  circumstances may any medication be administered closer than 24
   40  hours prior to the officially scheduled post time of a race
   41  except as provided for in this section.
   42         (a) The division shall adopt rules setting conditions for
   43  the use of furosemide to treat exercise-induced pulmonary
   44  hemorrhage.
   45         (b) The division shall adopt rules setting conditions for
   46  the use of prednisolone sodium succinate, but under no
   47  circumstances may furosemide or prednisolone sodium succinate be
   48  administered closer than 4 hours prior to the officially
   49  scheduled post time for the race.
   50         (c) The division shall adopt rules setting conditions for
   51  the use of phenylbutazone and synthetic corticosteroids; in no
   52  case, except as provided in paragraph (b), shall these
   53  substances be given closer than 24 hours prior to the officially
   54  scheduled post time of a race. Oral corticosteroids are
   55  prohibited except when prescribed by a licensed veterinarian and
   56  reported to the division on forms prescribed by the division.
   57         (f)(d) Nothing in this section shall be interpreted to
   58  prohibit the use of vitamins, minerals, or naturally occurring
   59  substances so long as none exceeds the normal physiological
   60  concentration in a race-day specimen.
   61         (e) The division may, by rule, establish acceptable levels
   62  of permitted medications and shall select the appropriate
   63  biological specimens by which the administration of permitted
   64  medication is monitored.
   65         (8)(a) The only medication authorized to be administered
   66  within 24 hours before the officially scheduled post time of a
   67  race is furosemide, but under no circumstances may furosemide be
   68  administered within 4 hours before the officially scheduled post
   69  time of a race.
   70         (b) The testing medium for phenylbutazone in horses shall
   71  be serum, and the division may collect up to six full 15
   72  milliliter blood tubes for each horse being sampled.
   73         (8)(a) Under no circumstances may any medication be
   74  administered within 24 hours before the officially scheduled
   75  post time of the race except as provided in this section.
   76         (b) As an exception to this section, if the division first
   77  determines that the use of furosemide, phenylbutazone, or
   78  prednisolone sodium succinate in horses is in the best interest
   79  of racing, the division may adopt rules allowing such use. Any
   80  rules allowing the use of furosemide, phenylbutazone, or
   81  prednisolone sodium succinate in racing must set the conditions
   82  for such use. Under no circumstances may a rule be adopted which
   83  allows the administration of furosemide or prednisolone sodium
   84  succinate within 4 hours before the officially scheduled post
   85  time for the race. Under no circumstances may a rule be adopted
   86  which allows the administration of phenylbutazone or any other
   87  synthetic corticosteroid within 24 hours before the officially
   88  scheduled post time for the race. Any administration of
   89  synthetic corticosteroids is limited to parenteral routes. Oral
   90  administration of synthetic corticosteroids is expressly
   91  prohibited. If this paragraph is unconstitutional, it is
   92  severable from the remainder of this section.
   93         (c) The division shall, by rule, establish acceptable
   94  levels of permitted medications and shall select the appropriate
   95  biological specimen by which the administration of permitted
   96  medications is monitored.
   97         (9)(a) The division may conduct a postmortem examination of
   98  any animal that is injured at a permitted racetrack while in
   99  training or in competition and that subsequently expires or is
  100  destroyed. The division may conduct a postmortem examination of
  101  any animal that expires while housed at a permitted racetrack,
  102  association compound, or licensed kennel or farm. Trainers and
  103  owners shall be requested to comply with this paragraph as a
  104  condition of licensure.
  105         (b) The division may take possession of the animal upon
  106  death for postmortem examination. The division may submit blood,
  107  urine, other bodily fluid specimens, or other tissue specimens
  108  collected during a postmortem examination for testing by the
  109  division laboratory or its designee. Upon completion of the
  110  postmortem examination, the carcass must be returned to the
  111  owner or disposed of at the owner’s option.
  112         (10) The presence of a prohibited substance in an animal,
  113  found by the division laboratory in a bodily fluid specimen
  114  collected after the race or during the postmortem examination of
  115  the animal, which breaks down during a race constitutes a
  116  violation of this section.
  117         (11) The cost of postmortem examinations, testing, and
  118  disposal must be borne by the division.
  119         (12) The division shall adopt rules to implement this
  120  section. The rules may include a classification system for
  121  prohibited substances and a corresponding penalty schedule for
  122  violations.
  123         (13)Except as specifically modified by statute or by rules
  124  of the division, the Uniform Classification Guidelines for
  125  Foreign Substances, revised February 14, 1995, as promulgated by
  126  the Association of Racing Commissioners International, Inc., is
  127  hereby adopted by reference as the uniform classification system
  128  for class IV and V medications.
  129         (14) The division shall utilize only the thin layer
  130  chromatography (TLC) screening process to test for the presence
  131  of class IV and V medications in samples taken from racehorses
  132  except when thresholds of a class IV or class V medication have
  133  been established and are enforced by rule. Once a sample has
  134  been identified as suspicious for a class IV or class V
  135  medication by the TLC screening process, the sample will be sent
  136  for confirmation by and through additional testing methods. All
  137  other medications not classified by rule as a class IV or class
  138  V agent shall be subject to all forms of testing available to
  139  the division.
  140         (15) The division may implement by rule medication levels
  141  recommended by the University of Florida College of Veterinary
  142  Medicine developed pursuant to an agreement between the Division
  143  of Pari-mutuel Wagering and the University of Florida College of
  144  Veterinary Medicine. The University of Florida College of
  145  Veterinary Medicine may provide written notification to the
  146  division that it has completed research or review on a
  147  particular drug pursuant to the agreement and when the College
  148  of Veterinary Medicine has completed a final report of its
  149  findings, conclusions, and recommendations to the division.
  150         (16) The testing medium for phenylbutazone in horses shall
  151  be serum, and the division may collect up to six full 15
  152  milliliter blood tubes for each horse being sampled.
  153  
  154  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  155  And the directory clause is amended as follows:
  156         Delete lines 13 - 14
  157  and insert:
  158         Section 1. Paragraph (f) is added to subsection (6) of
  159  section 550.2415, Florida Statutes, and subsections (7) through
  160  (16) of that section are amended, to read:
  161  
  162  ================= T I T L E  A M E N D M E N T ================
  163  And the title is amended as follows:
  164         Delete lines 2 - 8
  165  and insert:
  166         An act relating to racing animals; amending s.
  167         550.2415, F.S.; requiring the Division of Pari-mutuel
  168         Wagering within the Department of Business and
  169         Professional Regulation to maintain records of
  170         greyhounds injured while racing; providing for the
  171         content of such records; providing fines for making
  172         false statements on an injury form; revising the
  173         rulemaking authority of the division; revising the
  174         authorized use of certain medications and testing
  175         methods; providing an