Florida Senate - 2015                              CS for SB 226
       
       
        
       By the Committee on Regulated Industries; and Senator Latvala
       
       
       
       
       
       580-01698-15                                           2015226c1
    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; requiring the division to notify the
   13         owners or trainers, stewards, and the appropriate
   14         horsemen’s association of all drug test results;
   15         prohibiting the division from taking action against
   16         owners or trainers under certain circumstances;
   17         requiring the division to require its laboratory and
   18         specified independent laboratories to annually
   19         participate in a quality assurance program; requiring
   20         the administrator of the program to submit a report;
   21         revising the conditions of use for certain
   22         medications; expanding violations to include
   23         prohibited substances that break down during a race
   24         found in specimens collected after a race; revising
   25         the rulemaking authority of the division; providing an
   26         effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraphs (a) and (b) of subsection (1),
   31  paragraphs (a) and (b) of subsection (3), subsections (4) and
   32  (5), and subsections (7) through (16) of section 550.2415,
   33  Florida Statutes, are amended to read:
   34         550.2415 Racing of animals under certain conditions
   35  prohibited; penalties; exceptions.—
   36         (1)(a) The racing of an animal that has been impermissibly
   37  medicated or determined to have a prohibited substance present
   38  with any drug, medication, stimulant, depressant, hypnotic,
   39  narcotic, local anesthetic, or drug-masking agent is prohibited.
   40  It is a violation of this section for a person to impermissibly
   41  medicate an animal or for an animal to have a prohibited
   42  substance present resulting administer or cause to be
   43  administered any drug, medication, stimulant, depressant,
   44  hypnotic, narcotic, local anesthetic, or drug-masking agent to
   45  an animal which will result in a positive test for such
   46  medications or substances such substance based on samples taken
   47  from the animal immediately prior to or immediately after the
   48  racing of that animal. Test results and the identities of the
   49  animals being tested and of their trainers and owners of record
   50  are confidential and exempt from s. 119.07(1) and from s. 24(a),
   51  Art. I of the State Constitution for 10 days after testing of
   52  all samples collected on a particular day has been completed and
   53  any positive test results derived from such samples have been
   54  reported to the director of the division or administrative
   55  action has been commenced.
   56         (b) It is a violation of this section for a race-day
   57  specimen to contain a level of a naturally occurring substance
   58  which exceeds normal physiological concentrations. The division
   59  may solicit input from the Department of Agriculture and
   60  Consumer Services and adopt rules that specify normal
   61  physiological concentrations of naturally occurring substances
   62  in the natural untreated animal and rules that specify
   63  acceptable levels of environmental contaminants and trace levels
   64  of substances in test samples.
   65         (3)(a) Upon the finding of a violation of this section, the
   66  division may revoke or suspend the license or permit of the
   67  violator or deny a license or permit to the violator; impose a
   68  fine against the violator in an amount not exceeding the purse
   69  or sweepstakes earned by the animal in the race at issue or
   70  $10,000, whichever is greater $5,000; require the full or
   71  partial return of the purse, sweepstakes, and trophy of the race
   72  at issue; or impose against the violator any combination of such
   73  penalties. The finding of a violation of this section does not
   74  prohibit in no way prohibits a prosecution for criminal acts
   75  committed.
   76         (b) The division, notwithstanding the provisions of chapter
   77  120, may summarily suspend the license of an occupational
   78  licensee responsible under this section or division rule for the
   79  condition of a race animal if the division laboratory reports
   80  the presence of a prohibited an impermissible substance in the
   81  animal or its blood, urine, saliva, or any other bodily fluid,
   82  either before a race in which the animal is entered or after a
   83  race the animal has run.
   84         (4) A prosecution pursuant to this section for a violation
   85  of this section must be commenced within 90 days 2 years after
   86  the violation was committed. Service of an administrative
   87  complaint marks the commencement of administrative action.
   88         (5) The division shall implement a split-sample procedure
   89  for testing animals under this section.
   90         (a) Upon finding a positive drug test result, The division
   91  department shall notify the owner or trainer, the stewards, and
   92  the appropriate horsemen’s association of all drug test the
   93  results. The owner may request that each urine and blood sample
   94  be split into a primary sample and a secondary (split) sample.
   95  Such splitting must be accomplished in the laboratory under
   96  rules approved by the division. Custody of both samples must
   97  remain with the division. If a drug test result is positive
   98  However, and upon request by the affected trainer or owner of
   99  the animal from which the sample was obtained, the division
  100  shall send the split sample to an approved independent
  101  laboratory for analysis. The division shall establish standards
  102  and rules for uniform enforcement and shall maintain a list of
  103  at least five approved independent laboratories for an owner or
  104  trainer to select from if a drug test result is in the event of
  105  a positive test sample.
  106         (b) If the division state laboratory’s findings are not
  107  confirmed by the independent laboratory, no further
  108  administrative or disciplinary action under this section may be
  109  pursued. The division may adopt rules identifying substances
  110  that diminish in a blood or urine sample due to passage of time
  111  and that must be taken into account in applying this section.
  112         (c) If the independent laboratory confirms the division
  113  state laboratory’s positive result, or if there is an
  114  insufficient quantity of the secondary (split) sample for
  115  confirmation of the state laboratory’s positive result, the
  116  division may commence administrative proceedings as prescribed
  117  in this chapter and consistent with chapter 120. For purposes of
  118  this subsection, the department shall in good faith attempt to
  119  obtain a sufficient quantity of the test fluid to allow both a
  120  primary test and a secondary test to be made.
  121         (d) For the testing of racing greyhounds, if there is an
  122  insufficient quantity of the secondary (split) sample for
  123  confirmation of the division laboratory’s positive result, the
  124  division may commence administrative proceedings as prescribed
  125  in this chapter and consistent with chapter 120.
  126         (e) For the testing of racehorses, if there is an
  127  insufficient quantity of the secondary (split) sample for
  128  confirmation of the division laboratory’s positive result, the
  129  division may not take further action on the matter against the
  130  owner or trainer, and any resulting license suspension must be
  131  immediately lifted.
  132         (f) The division shall require its laboratory and the
  133  independent laboratories to annually participate in an
  134  externally administered quality assurance program designed to
  135  assess testing proficiency in the detection and appropriate
  136  quantification of medications, drugs, and naturally occurring
  137  substances that may be administered to racing animals. The
  138  administrator of the quality assurance program shall report its
  139  results and findings to the division and the Department of
  140  Agriculture and Consumer Services.
  141         (7)(a) In order to protect the safety and welfare of racing
  142  animals and the integrity of the races in which the animals
  143  participate, the division shall adopt rules establishing the
  144  conditions of use and maximum concentrations of medications,
  145  drugs, and naturally occurring substances identified in the
  146  Controlled Therapeutic Medication Schedule, Version 2.1, revised
  147  April 17, 2014, adopted by the Association of Racing
  148  Commissioners International, Inc. (ARCI). Controlled therapeutic
  149  medications include only the specific medications and
  150  concentrations allowed in biological samples which have been
  151  approved by ARCI as controlled therapeutic medications.
  152         (b) The division rules must designate the appropriate
  153  biological specimens by which the administration of medications,
  154  drugs, and naturally occurring substances is monitored and must
  155  determine the testing methodologies, including measurement
  156  uncertainties, for screening such specimens to confirm the
  157  presence of medications, drugs, and naturally occurring
  158  substances.
  159         (c) The division rules must include a classification system
  160  for drugs and substances and a corresponding penalty schedule
  161  for violations which incorporates the Uniform Classification
  162  Guidelines for Foreign Substances, Version 8.0, revised December
  163  2014, by ARCI. The division shall adopt laboratory screening
  164  limits approved by ARCI for drugs and medications that are not
  165  included as controlled therapeutic medications, the presence of
  166  which in a sample may result in a violation of this section.
  167         (d) The division rules must include conditions for the use
  168  of furosemide to treat exercise-induced pulmonary hemorrhage.
  169         (e) The division may solicit input from the Department of
  170  Agriculture and Consumer Services in adopting the rules required
  171  under this subsection. Such rules must be adopted before January
  172  1, 2016 Under no circumstances may any medication be
  173  administered closer than 24 hours prior to the officially
  174  scheduled post time of a race except as provided for in this
  175  section.
  176         (a) The division shall adopt rules setting conditions for
  177  the use of furosemide to treat exercise-induced pulmonary
  178  hemorrhage.
  179         (b) The division shall adopt rules setting conditions for
  180  the use of prednisolone sodium succinate, but under no
  181  circumstances may furosemide or prednisolone sodium succinate be
  182  administered closer than 4 hours prior to the officially
  183  scheduled post time for the race.
  184         (c) The division shall adopt rules setting conditions for
  185  the use of phenylbutazone and synthetic corticosteroids; in no
  186  case, except as provided in paragraph (b), shall these
  187  substances be given closer than 24 hours prior to the officially
  188  scheduled post time of a race. Oral corticosteroids are
  189  prohibited except when prescribed by a licensed veterinarian and
  190  reported to the division on forms prescribed by the division.
  191         (f)(d)This section does not Nothing in this section shall
  192  be interpreted to prohibit the use of vitamins, minerals, or
  193  naturally occurring substances so long as none exceeds the
  194  normal physiological concentration in a race-day specimen.
  195         (e) The division may, by rule, establish acceptable levels
  196  of permitted medications and shall select the appropriate
  197  biological specimens by which the administration of permitted
  198  medication is monitored.
  199         (8)(a)Furosemide is the only medication that may be
  200  administered within 24 hours before the officially scheduled
  201  post time of a race, but it may not be administered within 4
  202  hours before the officially scheduled post time of a race Under
  203  no circumstances may any medication be administered within 24
  204  hours before the officially scheduled post time of the race
  205  except as provided in this section.
  206         (b) As an exception to this section, if the division first
  207  determines that the use of furosemide, phenylbutazone, or
  208  prednisolone sodium succinate in horses is in the best interest
  209  of racing, the division may adopt rules allowing such use. Any
  210  rules allowing the use of furosemide, phenylbutazone, or
  211  prednisolone sodium succinate in racing must set the conditions
  212  for such use. Under no circumstances may a rule be adopted which
  213  allows the administration of furosemide or prednisolone sodium
  214  succinate within 4 hours before the officially scheduled post
  215  time for the race. Under no circumstances may a rule be adopted
  216  which allows the administration of phenylbutazone or any other
  217  synthetic corticosteroid within 24 hours before the officially
  218  scheduled post time for the race. Any administration of
  219  synthetic corticosteroids is limited to parenteral routes. Oral
  220  administration of synthetic corticosteroids is expressly
  221  prohibited. If this paragraph is unconstitutional, it is
  222  severable from the remainder of this section.
  223         (c) The division shall, by rule, establish acceptable
  224  levels of permitted medications and shall select the appropriate
  225  biological specimen by which the administration of permitted
  226  medications is monitored.
  227         (9)(a) The division may conduct a postmortem examination of
  228  any animal that is injured at a permitted racetrack while in
  229  training or in competition and that subsequently expires or is
  230  destroyed. The division may conduct a postmortem examination of
  231  any animal that expires while housed at a permitted racetrack,
  232  association compound, or licensed kennel or farm. Trainers and
  233  owners shall be requested to comply with this paragraph as a
  234  condition of licensure.
  235         (b) The division may take possession of the animal upon
  236  death for postmortem examination. The division may submit blood,
  237  urine, other bodily fluid specimens, or other tissue specimens
  238  collected during a postmortem examination for testing by the
  239  division laboratory or its designee. Upon completion of the
  240  postmortem examination, the carcass must be returned to the
  241  owner or disposed of at the owner’s option.
  242         (10) The presence of a prohibited substance in an animal,
  243  found by the division laboratory in a bodily fluid specimen
  244  collected after the race or during the postmortem examination of
  245  the animal, which breaks down during a race constitutes a
  246  violation of this section.
  247         (11) The cost of postmortem examinations, testing, and
  248  disposal must be borne by the division.
  249         (12) The division shall adopt rules to implement this
  250  section. The rules may include a classification system for
  251  prohibited substances and a corresponding penalty schedule for
  252  violations.
  253         (13) Except as specifically modified by statute or by rules
  254  of the division, the Uniform Classification Guidelines for
  255  Foreign Substances, revised February 14, 1995, as promulgated by
  256  the Association of Racing Commissioners International, Inc., is
  257  hereby adopted by reference as the uniform classification system
  258  for class IV and V medications.
  259         (14) The division shall utilize only the thin layer
  260  chromatography (TLC) screening process to test for the presence
  261  of class IV and V medications in samples taken from racehorses
  262  except when thresholds of a class IV or class V medication have
  263  been established and are enforced by rule. Once a sample has
  264  been identified as suspicious for a class IV or class V
  265  medication by the TLC screening process, the sample will be sent
  266  for confirmation by and through additional testing methods. All
  267  other medications not classified by rule as a class IV or class
  268  V agent shall be subject to all forms of testing available to
  269  the division.
  270         (13)(15) The division may implement by rule medication
  271  levels for racing greyhounds recommended by the University of
  272  Florida College of Veterinary Medicine developed pursuant to an
  273  agreement between the Division of Pari-mutuel Wagering and the
  274  University of Florida College of Veterinary Medicine. The
  275  University of Florida College of Veterinary Medicine may provide
  276  written notification to the division that it has completed
  277  research or review on a particular drug pursuant to the
  278  agreement and when the College of Veterinary Medicine has
  279  completed a final report of its findings, conclusions, and
  280  recommendations to the division.
  281         (16) The testing medium for phenylbutazone in horses shall
  282  be serum, and the division may collect up to six full 15
  283  milliliter blood tubes for each horse being sampled.
  284         Section 2. This act shall take effect July 1, 2015.