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.