Florida Senate - 2014 CS for SB 742
By the Committee on Gaming; and Senators Sobel, Soto, Clemens,
and Abruzzo
584-04017-14 2014742c1
1 A bill to be entitled
2 An act relating to racing animals; amending s.
3 550.2415, F.S.; revising the prohibition on the use of
4 medication or drugs on animals; revising penalties for
5 such use; revising procedures for testing animals for
6 medication or drugs; requiring the Division of Pari
7 mutuel Wagering within the Department of Business and
8 Professional Regulation to maintain records of
9 greyhounds injured while racing; providing for the
10 content of such records; providing fines for making
11 false statements on an injury form; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (a) of subsection (1), paragraphs (a)
17 and (b) of subsection (3), and subsections (4) and (5) of
18 section 550.2415, Florida Statutes, are amended, and paragraph
19 (f) is added to subsection (6) of that section, to read:
20 550.2415 Racing of animals under certain conditions
21 prohibited; penalties; exceptions.—
22 (1)(a) The racing of an animal that has been impermissibly
23 medicated or drugged with any drug, medication, stimulant,
24 depressant, hypnotic, narcotic, local anesthetic, or drug
25 masking agent is prohibited. It is a violation of this section
26 for a person to impermissibly medicate or drug an animal
27 resulting administer or cause to be administered any drug,
28 medication, stimulant, depressant, hypnotic, narcotic, local
29 anesthetic, or drug-masking agent to an animal which will result
30 in a positive test for such substance based on samples taken
31 from the animal immediately prior to or immediately after the
32 racing of that animal. Test results and the identities of the
33 animals being tested and of their trainers and owners of record
34 are confidential and exempt from s. 119.07(1) and from s. 24(a),
35 Art. I of the State Constitution for 10 days after testing of
36 all samples collected on a particular day has been completed and
37 any positive test results derived from such samples have been
38 reported to the director of the division or administrative
39 action has been commenced.
40 (3)(a) Upon the finding of a violation of this section, the
41 division may revoke or suspend the license or permit of the
42 violator or deny a license or permit to the violator; impose a
43 fine against the violator in an amount not exceeding the purse
44 or sweepstakes earned by the animal in the race at issue or
45 $10,000, whichever is greater $5,000; require the full or
46 partial return of the purse, sweepstakes, and trophy of the race
47 at issue; or impose against the violator any combination of such
48 penalties. The finding of a violation of this section in no way
49 prohibits a prosecution for criminal acts committed.
50 (b) The division, notwithstanding the provisions of chapter
51 120, may summarily suspend the license of an occupational
52 licensee responsible under this section or division rule for the
53 condition of a race animal if the division laboratory reports
54 the presence of a prohibited an impermissible substance in the
55 animal or its blood, urine, saliva, or any other bodily fluid,
56 either before a race in which the animal is entered or after a
57 race the animal has run.
58 (4) A prosecution pursuant to this section for a violation
59 of this section must be commenced within 180 days 2 years after
60 the violation was committed. Service of an administrative
61 complaint marks the commencement of administrative action.
62 (5) The division shall implement a split-sample procedure
63 for testing animals under this section. Each urine and blood
64 sample shall be split into a primary sample and a secondary
65 (split) sample upon collection, under rules adopted by the
66 division. The division shall transfer custody of the primary
67 sample to the division laboratory, with custody of the split
68 sample to remain with the division except as provided in this
69 subsection.
70 (a) Upon finding a positive drug test result, The division
71 department shall notify the owner or trainer, the stewards, and
72 the horsemen’s association of all drug test the results. The
73 owner may request that each urine and blood sample be split into
74 a primary sample and a secondary (split) sample. Such splitting
75 must be accomplished in the laboratory under rules approved by
76 the division. Custody of both samples must remain with the
77 division. In the event of a positive test result However, upon
78 request by the affected trainer or owner of the animal from
79 which the sample was obtained, the division shall send the split
80 sample to an approved independent laboratory for analysis. The
81 division shall establish standards and rules for uniform
82 enforcement and shall maintain a list of at least five approved
83 independent laboratories for an owner or trainer to select from
84 in the event of a positive test result sample.
85 (b) If the division state laboratory’s findings are not
86 confirmed by the independent laboratory, no further
87 administrative or disciplinary action under this section may be
88 pursued. The division may adopt rules identifying substances
89 that diminish in a blood or urine sample due to passage of time
90 and that must be taken into account in applying this section.
91 (c) If the independent laboratory confirms the division
92 state laboratory’s positive result, or if there is an
93 insufficient quantity of the secondary (split) sample for
94 confirmation of the state laboratory’s positive result, the
95 division may commence administrative proceedings as prescribed
96 in this chapter and consistent with chapter 120. For purposes of
97 this subsection, the department shall in good faith attempt to
98 obtain a sufficient quantity of the test fluid to allow both a
99 primary test and a secondary test to be made. If there is an
100 insufficient quantity of the split sample for confirmation of
101 the division laboratory’s positive result, the division may not
102 take further action on the matter against the owner or trainer,
103 and any resulting license suspension must be immediately lifted.
104 (d) The division shall require its laboratory and the
105 independent laboratories to annually participate in an
106 externally administered quality assurance program designed to
107 assess testing proficiency in the detection and appropriate
108 quantification of medications, drugs, and naturally occurring
109 substances that may be administered to racing animals. The
110 administrator of the quality assurance program shall report its
111 results and findings to the division.
112 (6)
113 (f)1. The division shall maintain records regarding
114 injuries incurred by racing greyhounds while they are racing in
115 this state, including injuries incurred in schooling races. The
116 records must include:
117 a. The greyhound’s registered name, right and left ear
118 tattoo numbers, and, if any, the microchip manufacturer and
119 number.
120 b. The name, business address, and telephone number of the
121 greyhound owner and trainer and the kennel operator.
122 c. The color, weight, and sex of the greyhound.
123 d. The location where the injury took place, whether on a
124 racetrack or in another area.
125 e. If the injury occurred while the greyhound was racing,
126 the racetrack where the injury occurred and the distance, grade,
127 race, and post position of the greyhound when the injury
128 occurred.
129 f. The weather conditions, time, and track condition when
130 the injury occurred.
131 g. The specific type and bodily location of injury, the
132 cause of the injury, and the estimated recovery time from the
133 injury.
134 2. All injury forms shall be completed and signed under
135 oath or affirmation under penalty of perjury by the racetrack
136 veterinarian, whose signature must be witnessed by a designated
137 representative of the division.
138 3. Injury records created and maintained under this
139 paragraph shall be maintained by the division for a period of 7
140 years and shall be made readily available to the public upon
141 oral or written request to the division.
142 4. Knowingly making a false statement on an injury form
143 shall result in a fine not to exceed $1,500. A second or
144 subsequent violation of this paragraph shall result in a fine of
145 at least $3,000.
146 Section 2. This act shall take effect July 1, 2014.