Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 226
Senate . House
Comm: RCS .
The Committee on Regulated Industries (Latvala) recommended the
1 Senate Amendment (with title amendment)
3 Delete lines 89 - 135
4 and insert:
5 of this section must be commenced within 90 days
2 years after
6 the violation was committed. Service of an administrative
7 complaint marks the commencement of administrative action.
8 (5) The division shall implement a split-sample procedure
9 for testing animals under this section.
10 (a) Upon finding a positive drug test result, The division
11 department shall notify the owner or trainer, the stewards, and
12 the appropriate horsemen’s association of all drug test the
13 results . The owner may request that each urine and blood sample
14 be split into a primary sample and a secondary (split) sample.
15 Such splitting must be accomplished in the laboratory under
16 rules approved by the division. Custody of both samples must
17 remain with the divi sion. If a drug test result is positive
18 However, and upon request by the affected trainer or owner of
19 the animal from which the sample was obtained, the division
20 shall send the split sample to an approved independent
21 laboratory for analysis. The division shall establish standards
22 and rules for uniform enforcement and shall maintain a list of
23 at least five approved independent laboratories for an owner or
24 trainer to select from if a drug test result is in the event of
25 a positive test s ample.
26 (b) If the division state laboratory’s findings are not
27 confirmed by the independent laboratory, no further
28 administrative or disciplinary action under this section may be
29 pursued. The division may adopt rules identifying substances
30 that diminish in a blood or urine sample due to passage of time
31 and that must be taken into account in applying this section.
32 (c) If the independent laboratory confirms the division
33 state laboratory’s positive result, or if there is an
34 insufficient quantity of the secondary (split) sample for
35 confirmation of the state laboratory’s positive result, the
36 division may commence administrative proceedings as prescribed
37 in this chapter and consistent with chapter 120. For purposes of
38 this subsection, the department shall in good faith attempt to
39 obtain a sufficient quantity of the test fluid to allow both a
40 primary test and a secondary test to be made.
41 (d) For the testing of racing greyhounds, if there is an
42 insufficient quantity of the secondary (split) sample for
43 confirmation of the division laboratory’s positive result, the
44 division may commence administrative proceedings as prescribed
45 in this chapter and consistent with chapter 120.
46 (e) For the testing of racehorses, if there is an
47 insufficient quantity of the secondary (split) sample for
48 confirmation of the division laboratory’s positive result, the
49 division may not take further action on the matter against the
50 owner or trainer, and any resulting license suspension must be
51 immediately lifted.
52 (f) The division shall require its laboratory and the
54 ================= T I T L E A M E N D M E N T ================
55 And the title is amended as follows:
56 Delete lines 12 - 13
57 and insert:
58 must commence; requiring the division to notify the