Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 226
       
       
       
       
       
       
                                Ì660444#Î660444                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/20/2015           .                                
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       The Committee on Regulated Industries (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    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 division. 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 sample.
   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
   53  
   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