Florida Senate - 2015 SB 226
By Senator Latvala
20-00257B-15 2015226__
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 certain medications or substances on racing animals;
5 authorizing the Division of Pari-mutuel Wagering
6 within the Department of Business and Professional
7 Regulation to solicit input from the Department of
8 Agriculture and Consumer Services; revising the
9 penalties for violating laws relating to the racing of
10 animals; decreasing the timeframe in which
11 prosecutions for violations regarding racing animals
12 must commence; revising the procedures for testing
13 racing animals; requiring the division to notify the
14 owners or trainers, stewards, and the appropriate
15 horsemen’s association of all drug test results;
16 prohibiting the division from taking action against
17 owners or trainers under certain circumstances;
18 requiring the division to require its laboratory and
19 specified independent laboratories to annually
20 participate in a quality assurance program; requiring
21 the administrator of the program to submit a report;
22 authorizing the division to coordinate inspections
23 with the Department of Agriculture and Consumer
24 Services; revising the conditions of use for certain
25 medications; expanding violations to include
26 prohibited substances that break down during a race
27 found in specimens collected after a race; revising
28 the rulemaking authority of the division; providing an
29 effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Paragraphs (a) and (b) of subsection (1),
34 paragraphs (a) and (b) of subsection (3), subsections (4) and
35 (5), paragraph (e) of subsection (6), and subsections (7)
36 through (16) of section 550.2415, Florida Statutes, are amended
37 to read:
38 550.2415 Racing of animals under certain conditions
39 prohibited; penalties; exceptions.—
40 (1)(a) The racing of an animal that has been impermissibly
41 medicated or determined to have a prohibited substance present
42 with any drug, medication, stimulant, depressant, hypnotic,
43 narcotic, local anesthetic, or drug-masking agent is prohibited.
44 It is a violation of this section for a person to impermissibly
45 medicate an animal or for an animal to have a prohibited
46 substance present resulting administer or cause to be
47 administered any drug, medication, stimulant, depressant,
48 hypnotic, narcotic, local anesthetic, or drug-masking agent to
49 an animal which will result in a positive test for such
50 medications or substances such substance based on samples taken
51 from the animal immediately prior to or immediately after the
52 racing of that animal. Test results and the identities of the
53 animals being tested and of their trainers and owners of record
54 are confidential and exempt from s. 119.07(1) and from s. 24(a),
55 Art. I of the State Constitution for 10 days after testing of
56 all samples collected on a particular day has been completed and
57 any positive test results derived from such samples have been
58 reported to the director of the division or administrative
59 action has been commenced.
60 (b) It is a violation of this section for a race-day
61 specimen to contain a level of a naturally occurring substance
62 which exceeds normal physiological concentrations. The division
63 may solicit input from the Department of Agriculture and
64 Consumer Services and adopt rules that specify normal
65 physiological concentrations of naturally occurring substances
66 in the natural untreated animal and rules that specify
67 acceptable levels of environmental contaminants and trace levels
68 of substances in test samples.
69 (3)(a) Upon the finding of a violation of this section, the
70 division may revoke or suspend the license or permit of the
71 violator or deny a license or permit to the violator; impose a
72 fine against the violator in an amount not exceeding the purse
73 or sweepstakes earned by the animal in the race at issue or
74 $10,000, whichever is greater $5,000; require the full or
75 partial return of the purse, sweepstakes, and trophy of the race
76 at issue; or impose against the violator any combination of such
77 penalties. The finding of a violation of this section does not
78 prohibit in no way prohibits a prosecution for criminal acts
79 committed.
80 (b) The division, notwithstanding the provisions of chapter
81 120, may summarily suspend the license of an occupational
82 licensee responsible under this section or division rule for the
83 condition of a race animal if the division laboratory reports
84 the presence of a prohibited an impermissible substance in the
85 animal or its blood, urine, saliva, or any other bodily fluid,
86 either before a race in which the animal is entered or after a
87 race the animal has run.
88 (4) A prosecution pursuant to this section for a violation
89 of this section must be commenced within 60 days 2 years after
90 the violation was committed. Service of an administrative
91 complaint marks the commencement of administrative action.
92 (5) The division shall implement a split-sample procedure
93 for testing animals under this section. The division shall split
94 each urine and blood sample using the split-sample procedure
95 into a primary sample and a secondary (split) sample upon
96 collection. The division shall transfer custody of the primary
97 sample to the division laboratory, with custody of the split
98 sample remaining with the division except as provided in this
99 subsection.
100 (a) Upon finding a positive drug test result, The division
101 department shall notify the owner or trainer, the stewards, and
102 the appropriate horsemen’s association of all drug test the
103 results. The owner may request that each urine and blood sample
104 be split into a primary sample and a secondary (split) sample.
105 Such splitting must be accomplished in the laboratory under
106 rules approved by the division. Custody of both samples must
107 remain with the division. If a drug test result is positive
108 However, and upon request by the affected trainer or owner of
109 the animal from which the sample was obtained, the division
110 shall send the split sample to an approved independent
111 laboratory for analysis. The division shall establish standards
112 and rules for uniform enforcement and shall maintain a list of
113 at least five approved independent laboratories for an owner or
114 trainer to select from if a drug test result is in the event of
115 a positive test sample.
116 (b) If the division state laboratory’s findings are not
117 confirmed by the independent laboratory, no further
118 administrative or disciplinary action under this section may be
119 pursued. The division may adopt rules identifying substances
120 that diminish in a blood or urine sample due to passage of time
121 and that must be taken into account in applying this section.
122 (c) If the independent laboratory confirms the division
123 state laboratory’s positive result, or if there is an
124 insufficient quantity of the secondary (split) sample for
125 confirmation of the state laboratory’s positive result, the
126 division may commence administrative proceedings as prescribed
127 in this chapter and consistent with chapter 120. For purposes of
128 this subsection, the department shall in good faith attempt to
129 obtain a sufficient quantity of the test fluid to allow both a
130 primary test and a secondary test to be made. If there is an
131 insufficient quantity of the split sample for confirmation of
132 the division laboratory’s positive result, the division may not
133 take further action on the matter against the owner or trainer,
134 and any resulting license suspension must be immediately lifted.
135 (d) The division shall require its laboratory and the
136 independent laboratories to annually participate in an
137 externally administered quality assurance program designed to
138 assess testing proficiency in the detection and appropriate
139 quantification of medications, drugs, and naturally occurring
140 substances that may be administered to racing animals. The
141 administrator of the quality assurance program shall report its
142 results and findings to the division and the Department of
143 Agriculture and Consumer Services.
144 (6)
145 (e) The division may inspect or coordinate inspections with
146 the Department of Agriculture and Consumer Services of any area
147 at a pari-mutuel facility where racing animals are raced,
148 trained, housed, or maintained, including any areas where food,
149 medications, or other supplies are kept, to ensure the humane
150 treatment of racing animals and compliance with this chapter and
151 the rules of the division.
152 (7)(a) In order to protect the safety and welfare of racing
153 animals and the integrity of the races in which the animals
154 participate, the division shall adopt rules establishing the
155 conditions of use and maximum concentrations of medications,
156 drugs, and naturally occurring substances identified in the
157 Controlled Therapeutic Medication Schedule adopted on or before
158 March 1, 2015, by the Association of Racing Commissioners
159 International, Inc. (ARCI). Controlled therapeutic medications
160 include only the specific medications and concentrations allowed
161 in biological samples which have been approved by ARCI as
162 controlled therapeutic medications.
163 (b) The division rules must designate the appropriate
164 biological specimens by which the administration of medications,
165 drugs, and naturally occurring substances is monitored and must
166 determine the testing methodologies, including measurement
167 uncertainties, for screening such specimens to confirm the
168 presence of medications, drugs, and naturally occurring
169 substances.
170 (c) The division rules must include a classification system
171 for drugs and substances and a corresponding penalty schedule
172 for violations which incorporates the Uniform Classification
173 Guidelines for Foreign Substances, as adopted on or before March
174 1, 2015, by ARCI. The rules must specify that a drug that is not
175 listed in the Controlled Therapeutic Medication Schedule which
176 is present in a sample taken from the animal immediately after
177 the race is a prohibited substance. The presence of a prohibited
178 substance in a sample may result in summary license suspension
179 pursuant to paragraph (3)(b).
180 (d) The division rules must include conditions for the use
181 of furosemide to treat exercise-induced pulmonary hemorrhage.
182 (e) The division shall solicit input from the Department of
183 Agriculture and Consumer Services in adopting the rules required
184 under this subsection. Such rules must be adopted before January
185 1, 2016 Under no circumstances may any medication be
186 administered closer than 24 hours prior to the officially
187 scheduled post time of a race except as provided for in this
188 section.
189 (a) The division shall adopt rules setting conditions for
190 the use of furosemide to treat exercise-induced pulmonary
191 hemorrhage.
192 (b) The division shall adopt rules setting conditions for
193 the use of prednisolone sodium succinate, but under no
194 circumstances may furosemide or prednisolone sodium succinate be
195 administered closer than 4 hours prior to the officially
196 scheduled post time for the race.
197 (c) The division shall adopt rules setting conditions for
198 the use of phenylbutazone and synthetic corticosteroids; in no
199 case, except as provided in paragraph (b), shall these
200 substances be given closer than 24 hours prior to the officially
201 scheduled post time of a race. Oral corticosteroids are
202 prohibited except when prescribed by a licensed veterinarian and
203 reported to the division on forms prescribed by the division.
204 (f)(d) This section does not Nothing in this section shall
205 be interpreted to prohibit the use of vitamins, minerals, or
206 naturally occurring substances so long as none exceeds the
207 normal physiological concentration in a race-day specimen.
208 (e) The division may, by rule, establish acceptable levels
209 of permitted medications and shall select the appropriate
210 biological specimens by which the administration of permitted
211 medication is monitored.
212 (8)(a) Furosemide is the only medication that may be
213 administered within 24 hours before the officially scheduled
214 post time of a race, but it may not be administered within 4
215 hours before the officially scheduled post time of a race Under
216 no circumstances may any medication be administered within 24
217 hours before the officially scheduled post time of the race
218 except as provided in this section.
219 (b) As an exception to this section, if the division first
220 determines that the use of furosemide, phenylbutazone, or
221 prednisolone sodium succinate in horses is in the best interest
222 of racing, the division may adopt rules allowing such use. Any
223 rules allowing the use of furosemide, phenylbutazone, or
224 prednisolone sodium succinate in racing must set the conditions
225 for such use. Under no circumstances may a rule be adopted which
226 allows the administration of furosemide or prednisolone sodium
227 succinate within 4 hours before the officially scheduled post
228 time for the race. Under no circumstances may a rule be adopted
229 which allows the administration of phenylbutazone or any other
230 synthetic corticosteroid within 24 hours before the officially
231 scheduled post time for the race. Any administration of
232 synthetic corticosteroids is limited to parenteral routes. Oral
233 administration of synthetic corticosteroids is expressly
234 prohibited. If this paragraph is unconstitutional, it is
235 severable from the remainder of this section.
236 (c) The division shall, by rule, establish acceptable
237 levels of permitted medications and shall select the appropriate
238 biological specimen by which the administration of permitted
239 medications is monitored.
240 (9)(a) The division may conduct a postmortem examination of
241 any animal that is injured at a permitted racetrack while in
242 training or in competition and that subsequently expires or is
243 destroyed. The division may conduct a postmortem examination of
244 any animal that expires while housed at a permitted racetrack,
245 association compound, or licensed kennel or farm. Trainers and
246 owners shall be requested to comply with this paragraph as a
247 condition of licensure.
248 (b) The division may take possession of the animal upon
249 death for postmortem examination. The division may submit blood,
250 urine, other bodily fluid specimens, or other tissue specimens
251 collected during a postmortem examination for testing by the
252 division laboratory or its designee. Upon completion of the
253 postmortem examination, the carcass must be returned to the
254 owner or disposed of at the owner’s option.
255 (10) The presence of a prohibited substance in an animal,
256 found by the division laboratory in a bodily fluid specimen
257 collected after the race or during the postmortem examination of
258 the animal, which breaks down during a race constitutes a
259 violation of this section.
260 (11) The cost of postmortem examinations, testing, and
261 disposal must be borne by the division.
262 (12) The division shall adopt rules to implement this
263 section. The rules may include a classification system for
264 prohibited substances and a corresponding penalty schedule for
265 violations.
266 (13) Except as specifically modified by statute or by rules
267 of the division, the Uniform Classification Guidelines for
268 Foreign Substances, revised February 14, 1995, as promulgated by
269 the Association of Racing Commissioners International, Inc., is
270 hereby adopted by reference as the uniform classification system
271 for class IV and V medications.
272 (14) The division shall utilize only the thin layer
273 chromatography (TLC) screening process to test for the presence
274 of class IV and V medications in samples taken from racehorses
275 except when thresholds of a class IV or class V medication have
276 been established and are enforced by rule. Once a sample has
277 been identified as suspicious for a class IV or class V
278 medication by the TLC screening process, the sample will be sent
279 for confirmation by and through additional testing methods. All
280 other medications not classified by rule as a class IV or class
281 V agent shall be subject to all forms of testing available to
282 the division.
283 (15) The division may implement by rule medication levels
284 recommended by the University of Florida College of Veterinary
285 Medicine developed pursuant to an agreement between the Division
286 of Pari-mutuel Wagering and the University of Florida College of
287 Veterinary Medicine. The University of Florida College of
288 Veterinary Medicine may provide written notification to the
289 division that it has completed research or review on a
290 particular drug pursuant to the agreement and when the College
291 of Veterinary Medicine has completed a final report of its
292 findings, conclusions, and recommendations to the division.
293 (16) The testing medium for phenylbutazone in horses shall
294 be serum, and the division may collect up to six full 15
295 milliliter blood tubes for each horse being sampled.
296 Section 2. This act shall take effect July 1, 2015.