Florida Senate - 2016                                     SB 732
       By Senator Smith
       31-00681A-16                                           2016732__
    1                        A bill to be entitled                      
    2         An act relating to greyhound racing; amending s.
    3         550.2415, F.S.; providing a short title; prohibiting
    4         the Division of Pari-mutuel Wagering of the Department
    5         of Business and Professional Regulation from granting
    6         a license or permit to an applicant convicted of
    7         animal cruelty, felony aggravated assault or battery,
    8         or felony child abuse; requiring the division to
    9         immediately revoke a license or permit of a person
   10         convicted of animal cruelty; requiring that
   11         prosecution for a violation must begin within 180 days
   12         after the violation is committed; providing the
   13         procedure for collection and retention of urine and
   14         blood samples; providing that the division may not
   15         commence administrative proceedings and must reinstate
   16         a suspended license if the division cannot confirm a
   17         positive test result; requiring the division to
   18         maintain records of greyhound injuries in certain
   19         circumstances; specifying requirements for greyhound
   20         injury records; specifying record retention
   21         requirements; providing a fine for making a false
   22         statement on an injury record; providing certain
   23         requirements for maintaining safe racing facilities
   24         and racetrack surfaces; providing rulemaking
   25         authority; providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Present subsections (1) through (13) of section
   30  550.2415, Florida Statutes, are redesignated as subsections (2)
   31  through (14), respectively, a new subsection (1) is added to
   32  that section, present paragraphs (c) and (d) of present
   33  subsection (3) of that section are redesignated as paragraphs
   34  (e) and (f), respectively, new paragraphs (c) and (d) are added
   35  to that subsection, and present paragraph (d) of that subsection
   36  is amended, present subsections (4) and (5) of that section are
   37  amended, and paragraphs (f), (g), and (h) are added to present
   38  subsection (6) of that section, to read:
   39         550.2415 Racing of animals under certain conditions
   40  prohibited; penalties; exceptions.—
   41         (1) This section may be cited as the “Greyhound Safety
   42  Act.”
   43         (4)(3)
   44         (c) The division may not grant a license or permit under
   45  this chapter to an applicant who has been convicted of animal
   46  cruelty pursuant to s. 828.12 and shall immediately revoke the
   47  license or permit of a person found guilty of violating s.
   48  828.12.
   49         (d) The division may not grant a license or permit under
   50  this chapter to an applicant who has been convicted of a felony
   51  for aggravated assault or battery pursuant to chapter 784 or a
   52  felony for the abuse of a child pursuant to chapter 827.
   53         (f)(d) Any proceeding for administrative action against a
   54  licensee or permittee, other than a proceeding under paragraph
   55  (e) (c), shall be conducted in compliance with chapter 120.
   56         (5)(4) A prosecution pursuant to this section for a
   57  violation of this section must begin within 180 90 days after
   58  the violation was committed. Service of an administrative
   59  complaint marks the commencement of administrative action.
   60         (6)(5) The division shall implement a split-sample
   61  procedure for testing animals under this section. Using the
   62  split-sample procedure, the division shall split each urine and
   63  blood sample into a primary sample and a secondary (split)
   64  sample upon collection. The division shall transfer custody of
   65  the primary sample to the division laboratory and shall retain
   66  custody of the split sample, except as provided in this
   67  subsection.
   68         (a) The division shall notify the owner or trainer, the
   69  stewards, and the appropriate horsemen’s association of all drug
   70  test results. If a drug test result is positive, and upon
   71  request by the affected trainer or owner of the animal from
   72  which the sample was obtained, the division shall send the split
   73  sample to an approved independent laboratory for analysis. The
   74  division shall establish standards and rules for uniform
   75  enforcement and shall maintain a list of at least five approved
   76  independent laboratories for an owner or trainer to select from
   77  if a drug test result is positive.
   78         (b) If the division laboratory’s findings are not confirmed
   79  by the independent laboratory, no further administrative or
   80  disciplinary action under this section may be pursued.
   81         (c) If the independent laboratory confirms the division
   82  laboratory’s positive result, the division may commence
   83  administrative proceedings as prescribed in this chapter and
   84  consistent with chapter 120. For purposes of this subsection,
   85  the department shall in good faith attempt to obtain a
   86  sufficient quantity of the test fluid to allow both a primary
   87  test and a secondary test to be made.
   88         (d) For the testing of a racing greyhound, if there is an
   89  insufficient quantity of the secondary (split) sample for
   90  confirmation of the division laboratory’s positive result, the
   91  division may not commence administrative proceedings as
   92  prescribed in this chapter and consistent with chapter 120, and
   93  a license suspended as a consequence of a positive result that
   94  cannot be confirmed must be immediately reinstated.
   95         (e) For the testing of a racehorse, if there is an
   96  insufficient quantity of the secondary (split) sample for
   97  confirmation of the division laboratory’s positive result, the
   98  division may not take further action on the matter against the
   99  owner or trainer, and any resulting license suspension must be
  100  immediately lifted.
  101         (f) The division shall require its laboratory and the
  102  independent laboratories to annually participate in an
  103  externally administered quality assurance program designed to
  104  assess testing proficiency in the detection and appropriate
  105  quantification of medications, drugs, and naturally occurring
  106  substances that may be administered to racing animals. The
  107  administrator of the quality assurance program shall report its
  108  results and findings to the division and the Department of
  109  Agriculture and Consumer Services.
  110         (7)(6)
  111         (f) The division shall maintain records of injuries that a
  112  greyhound sustains while racing at a greyhound racetrack in this
  113  state, including injuries that occurred during a schooling race.
  114         1. The injury record must include all of the following:
  115         a. The greyhound’s registered name, right-ear and left-ear
  116  tattoo numbers, and, if applicable, the microchip manufacturer
  117  and number.
  118         b. The names, business addresses, and telephone numbers of
  119  the greyhound owner, the trainer, and the kennel operator.
  120         c. The color, weight, and sex of the greyhound.
  121         d. The location where the injury occurred.
  122         e. If the injury occurred during a race, the racetrack
  123  where the injury occurred, the condition of the racetrack, and
  124  the distance, the grade, the race, and the post position of the
  125  greyhound when the injury occurred.
  126         f. The time and weather conditions at the facility when the
  127  injury occurred.
  128         g. The specific type and bodily location of the injury, the
  129  cause of the injury, and the estimated recovery time for the
  130  injury.
  131         2. An injury record must be completed and signed under oath
  132  or affirmation under penalty of perjury by the racetrack
  133  veterinarian, whose signature must be witnessed by a designated
  134  representative of the division.
  135         3. The division shall maintain an injury record for 7 years
  136  after the injury occurred, and such records shall be made
  137  readily available to the public upon oral or written request to
  138  the division.
  139         4. A person who knowingly makes a false statement on an
  140  injury record is subject to a fine of up to $1,500. Each
  141  subsequent violation of this subparagraph will result in a fine
  142  of at least $3,000.
  143         (g) A dogracing permitholder operating in this state must:
  144         1. Maintain its facility in a manner that provides for the
  145  safety of racing greyhounds.
  146         2. Maintain a safe racetrack surface at all times pursuant
  147  to the safety standards adopted by the division.
  148         3. Install a safety device that removes the lure from the
  149  racetrack surface.
  150         4. Insulate all exposed electrical wires on the racetrack
  151  surface or anywhere at the facility where a racing greyhound may
  152  come into contact with electrical wires.
  153         (h) The division shall adopt by rule safety standards
  154  relating to racetrack surfaces.
  155         Section 2. This act shall take effect July 1, 2016.