Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1630
       
       
       
       
       
       
                                Ì3187628Î318762                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/08/2014           .                                
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       following:
       
    1         Senate Substitute for Amendment (197666) (with title
    2  amendment)
    3  
    4         Between lines 944 and 945
    5  insert:
    6         Section 23. Paragraphs (a) and (b) of subsection (1),
    7  paragraphs (a) and (b) of subsection (3), subsections (4) and
    8  (5), paragraph (e) of subsection (6), and subsections (7)
    9  through (16) of section 550.2415, Florida Statutes, are amended
   10  to read:
   11         550.2415 Racing of animals under certain conditions
   12  prohibited; penalties; exceptions.—
   13         (1)(a) The racing of an animal that has been impermissibly
   14  medicated or drugged with any drug, medication, stimulant,
   15  depressant, hypnotic, narcotic, local anesthetic, or drug
   16  masking agent is prohibited. It is a violation of this section
   17  for a person to impermissibly medicate or drug an animal
   18  resulting administer or cause to be administered any drug,
   19  medication, stimulant, depressant, hypnotic, narcotic, local
   20  anesthetic, or drug-masking agent to an animal which will result
   21  in a positive test for such substance based on samples taken
   22  from the animal immediately prior to or immediately after the
   23  racing of that animal. Test results and the identities of the
   24  animals being tested and of their trainers and owners of record
   25  are confidential and exempt from s. 119.07(1) and from s. 24(a),
   26  Art. I of the State Constitution for 10 days after testing of
   27  all samples collected on a particular day has been completed and
   28  any positive test results derived from such samples have been
   29  reported to the director of the division or administrative
   30  action has been commenced.
   31         (b) It is a violation of this section for a race-day
   32  specimen to contain a level of a naturally occurring substance
   33  which exceeds normal physiological concentrations. The division
   34  may solicit input from the Department of Agriculture and
   35  Consumer Services and adopt rules that specify normal
   36  physiological concentrations of naturally occurring substances
   37  in the natural untreated animal and rules that specify
   38  acceptable levels of environmental contaminants and trace levels
   39  of substances in test samples.
   40         (3)(a) Upon the finding of a violation of this section, the
   41  division may revoke or suspend the license or permit of the
   42  violator or deny a license or permit to the violator; impose a
   43  fine against the violator in an amount not exceeding the purse
   44  or sweepstakes earned by the animal in the race at issue or
   45  $10,000, whichever is greater $5,000; require the full or
   46  partial return of the purse, sweepstakes, and trophy of the race
   47  at issue; or impose against the violator any combination of such
   48  penalties. The finding of a violation of this section in no way
   49  prohibits a prosecution for criminal acts committed.
   50         (b) The division, notwithstanding the provisions of chapter
   51  120, may summarily suspend the license of an occupational
   52  licensee responsible under this section or division rule for the
   53  condition of a race animal if the division laboratory reports
   54  the presence of a prohibited an impermissible substance in the
   55  animal or its blood, urine, saliva, or any other bodily fluid,
   56  either before a race in which the animal is entered or after a
   57  race the animal has run.
   58         (4) A prosecution pursuant to this section for a violation
   59  of this section must be commenced within 180 days 2 years after
   60  the violation was committed. Service of an administrative
   61  complaint marks the commencement of administrative action.
   62         (5) The division shall implement a split-sample procedure
   63  for testing animals under this section. Each urine and blood
   64  sample shall be split into a primary sample and a secondary
   65  (split) sample upon collection, under rules adopted by the
   66  division. The division shall transfer custody of the primary
   67  sample to the division laboratory, with custody of the split
   68  sample to remain with the division except as provided in this
   69  subsection.
   70         (a) Upon finding a positive drug test result, The division
   71  department shall notify the owner or trainer, the stewards, and
   72  the horsemen’s association of all drug test the results. The
   73  owner may request that each urine and blood sample be split into
   74  a primary sample and a secondary (split) sample. Such splitting
   75  must be accomplished in the laboratory under rules approved by
   76  the division. Custody of both samples must remain with the
   77  division. In the event of a positive test result However, upon
   78  request by the affected trainer or owner of the animal from
   79  which the sample was obtained, the division shall send the split
   80  sample to an approved independent laboratory for analysis. The
   81  division shall establish standards and rules for uniform
   82  enforcement and shall maintain a list of at least five approved
   83  independent laboratories for an owner or trainer to select from
   84  in the event of a positive test result sample.
   85         (b) If the division state laboratory’s findings are not
   86  confirmed by the independent laboratory, no further
   87  administrative or disciplinary action under this section may be
   88  pursued. The division may adopt rules identifying substances
   89  that diminish in a blood or urine sample due to passage of time
   90  and that must be taken into account in applying this section.
   91         (c) If the independent laboratory confirms the division
   92  state laboratory’s positive result, or if there is an
   93  insufficient quantity of the secondary (split) sample for
   94  confirmation of the state laboratory’s positive result, the
   95  division may commence administrative proceedings as prescribed
   96  in this chapter and consistent with chapter 120. For purposes of
   97  this subsection, the department shall in good faith attempt to
   98  obtain a sufficient quantity of the test fluid to allow both a
   99  primary test and a secondary test to be made. If there is an
  100  insufficient quantity of the split sample for confirmation of
  101  the division laboratory’s positive result, the division may not
  102  take further action on the matter against the owner or trainer,
  103  and any resulting license suspension must be immediately lifted.
  104         (d) The division shall require its laboratory and the
  105  independent laboratories to annually participate in an
  106  externally administered quality assurance program designed to
  107  assess testing proficiency in the detection and appropriate
  108  quantification of medications, drugs, and naturally occurring
  109  substances that may be administered to racing animals. The
  110  administrator of the quality assurance program shall report its
  111  results and findings to the division and the Department of
  112  Agriculture and Consumer Services.
  113         (6)
  114         (e) The division may inspect or coordinate inspections with
  115  the Department of Agriculture and Consumer Services of any area
  116  at a pari-mutuel facility where racing animals are raced,
  117  trained, housed, or maintained, including any areas where food,
  118  medications, or other supplies are kept, to ensure the humane
  119  treatment of racing animals and compliance with this chapter and
  120  the rules of the division.
  121         (7)(a) In order to protect the safety and welfare of racing
  122  animals and the integrity of the races in which they
  123  participate, the division shall adopt rules establishing the
  124  conditions of use and maximum concentrations of drugs,
  125  medications, and naturally occurring substances identified in
  126  the most recent Controlled Therapeutic Medication Schedule
  127  adopted by the Association of Racing Commissioners International
  128  Inc. (ARCI) on or before April 30, 2014. Controlled therapeutic
  129  medications include only the specific medications and
  130  concentrations allowed in biological samples which have been
  131  approved by the ARCI as a controlled therapeutic medication. The
  132  division shall adopt laboratory screening limits approved by the
  133  ARCI for drugs and medications that are not included as
  134  controlled therapeutic medications.
  135         (b) The division rules must designate the appropriate
  136  biological specimens by which the administration of medications,
  137  drugs, and naturally occurring substances are monitored and the
  138  testing methodologies for screening and confirmation.
  139         (c) The division rules must include a classification system
  140  for medications and drugs and a corresponding penalty schedule
  141  for violations, which must incorporate the Uniform
  142  Classification Guidelines for Foreign Substances, revised
  143  December 2013, as adopted by the ARCI. The rules must specify
  144  those drugs that are considered prohibited substances, whose
  145  presence in a sample in prescribed concentrations may result in
  146  summary suspension pursuant to paragraph (3)(b).
  147         (d) The rules must include conditions for the use of
  148  furosemide to treat exercise-induced pulmonary hemorrhage.
  149         (e) The division shall adopt the rules described in this
  150  subsection before January 1, 2015. The division shall initiate
  151  rulemaking to consider the adoption of any subsequent amendments
  152  to the Controlled Therapeutic Medication Schedule adopted by the
  153  ARCI within 180 days after any such amendments Under no
  154  circumstances may any medication be administered closer than 24
  155  hours prior to the officially scheduled post time of a race
  156  except as provided for in this section.
  157         (a) The division shall adopt rules setting conditions for
  158  the use of furosemide to treat exercise-induced pulmonary
  159  hemorrhage.
  160         (b) The division shall adopt rules setting conditions for
  161  the use of prednisolone sodium succinate, but under no
  162  circumstances may furosemide or prednisolone sodium succinate be
  163  administered closer than 4 hours prior to the officially
  164  scheduled post time for the race.
  165         (c) The division shall adopt rules setting conditions for
  166  the use of phenylbutazone and synthetic corticosteroids; in no
  167  case, except as provided in paragraph (b), shall these
  168  substances be given closer than 24 hours prior to the officially
  169  scheduled post time of a race. Oral corticosteroids are
  170  prohibited except when prescribed by a licensed veterinarian and
  171  reported to the division on forms prescribed by the division.
  172         (f)(d) Nothing in this section shall be interpreted to
  173  prohibit the use of vitamins, minerals, or naturally occurring
  174  substances so long as none exceeds the normal physiological
  175  concentration in a race-day specimen.
  176         (g)(e) The division may, by rule, establish acceptable
  177  levels of permitted medications and shall select the appropriate
  178  biological specimens by which the administration of permitted
  179  medication is monitored.
  180         (8)(a) The only medication authorized to be administered
  181  within 24 hours before the officially scheduled post time of a
  182  race is furosemide, but under no circumstances may furosemide be
  183  administered within 4 hours before the officially scheduled post
  184  time of a race Under no circumstances may any medication be
  185  administered within 24 hours before the officially scheduled
  186  post time of the race except as provided in this section.
  187         (b) The testing medium for phenylbutazone in horses shall
  188  be serum, and the division may collect up to six full 15
  189  milliliter blood tubes for each horse being sampled As an
  190  exception to this section, if the division first determines that
  191  the use of furosemide, phenylbutazone, or prednisolone sodium
  192  succinate in horses is in the best interest of racing, the
  193  division may adopt rules allowing such use. Any rules allowing
  194  the use of furosemide, phenylbutazone, or prednisolone sodium
  195  succinate in racing must set the conditions for such use. Under
  196  no circumstances may a rule be adopted which allows the
  197  administration of furosemide or prednisolone sodium succinate
  198  within 4 hours before the officially scheduled post time for the
  199  race. Under no circumstances may a rule be adopted which allows
  200  the administration of phenylbutazone or any other synthetic
  201  corticosteroid within 24 hours before the officially scheduled
  202  post time for the race. Any administration of synthetic
  203  corticosteroids is limited to parenteral routes. Oral
  204  administration of synthetic corticosteroids is expressly
  205  prohibited. If this paragraph is unconstitutional, it is
  206  severable from the remainder of this section.
  207         (c) The division shall, by rule, establish acceptable
  208  levels of permitted medications and shall select the appropriate
  209  biological specimen by which the administration of permitted
  210  medications is monitored.
  211         (9)(a) The division may conduct a postmortem examination of
  212  any animal that is injured at a permitted racetrack while in
  213  training or in competition and that subsequently expires or is
  214  destroyed. The division may conduct a postmortem examination of
  215  any animal that expires while housed at a permitted racetrack,
  216  association compound, or licensed kennel or farm. Trainers and
  217  owners shall be requested to comply with this paragraph as a
  218  condition of licensure.
  219         (b) The division may take possession of the animal upon
  220  death for postmortem examination. The division may submit blood,
  221  urine, other bodily fluid specimens, or other tissue specimens
  222  collected during a postmortem examination for testing by the
  223  division laboratory or its designee. Upon completion of the
  224  postmortem examination, the carcass must be returned to the
  225  owner or disposed of at the owner’s option.
  226         (10) The presence of a prohibited substance in an animal,
  227  found by the division laboratory in a bodily fluid specimen
  228  collected after the race or during the postmortem examination of
  229  the animal, which breaks down during a race constitutes a
  230  violation of this section.
  231         (11) The cost of postmortem examinations, testing, and
  232  disposal must be borne by the division.
  233         (12) The division shall adopt rules to implement this
  234  section. The rules may include a classification system for
  235  prohibited substances and a corresponding penalty schedule for
  236  violations.
  237         (13) Except as specifically modified by statute or by rules
  238  of the division, the Uniform Classification Guidelines for
  239  Foreign Substances, revised February 14, 1995, as promulgated by
  240  the Association of Racing Commissioners International, Inc., is
  241  hereby adopted by reference as the uniform classification system
  242  for class IV and V medications.
  243         (14) The division shall utilize only the thin layer
  244  chromatography (TLC) screening process to test for the presence
  245  of class IV and V medications in samples taken from racehorses
  246  except when thresholds of a class IV or class V medication have
  247  been established and are enforced by rule. Once a sample has
  248  been identified as suspicious for a class IV or class V
  249  medication by the TLC screening process, the sample will be sent
  250  for confirmation by and through additional testing methods. All
  251  other medications not classified by rule as a class IV or class
  252  V agent shall be subject to all forms of testing available to
  253  the division.
  254         (15) The division may implement by rule medication levels
  255  recommended by the University of Florida College of Veterinary
  256  Medicine developed pursuant to an agreement between the Division
  257  of Pari-mutuel Wagering and the University of Florida College of
  258  Veterinary Medicine. The University of Florida College of
  259  Veterinary Medicine may provide written notification to the
  260  division that it has completed research or review on a
  261  particular drug pursuant to the agreement and when the College
  262  of Veterinary Medicine has completed a final report of its
  263  findings, conclusions, and recommendations to the division.
  264         (16) The testing medium for phenylbutazone in horses shall
  265  be serum, and the division may collect up to six full 15
  266  milliliter blood tubes for each horse being sampled.
  267  
  268  ================= T I T L E  A M E N D M E N T ================
  269  And the title is amended as follows:
  270         Delete line 70
  271  and insert:
  272         Council; conforming a cross-reference; amending s.
  273         550.2415, F.S.; revising the prohibition on the use of
  274         medication or drugs on racing animals; revising
  275         penalties for such use; revising procedures for
  276         testing animals for medication or drugs; authorizing
  277         the Division of Pari-mutuel Wagering within the
  278         Department of Business and Professional Regulation to
  279         solicit input from and coordinate inspections with the
  280         Department of Agriculture and Consumer Services;
  281         revising the penalties for violating laws relating to
  282         the racing of animals; revising the rulemaking
  283         authority of the division; creating part I