Florida Senate - 2016 SB 732
By Senator Smith
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
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.
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
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
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.