Florida Senate - 2015                                     SB 262
       By Senator Smith
       31-00129A-15                                           2015262__
    1                        A bill to be entitled                      
    2         An act relating to racing animals; providing a short
    3         title; amending s. 550.2415, F.S.; revising the
    4         prohibition on the use of medication or drugs on
    5         animals; revising the penalties for such use;
    6         prohibiting the Division of Pari-mutuel Wagering
    7         within the Department of Business and Professional
    8         Regulation from granting a license or permit to
    9         applicants with a prior conviction of animal cruelty;
   10         requiring the division to immediately revoke a license
   11         or permit of a person found guilty of animal cruelty
   12         subsequent to obtaining the license or permit;
   13         prohibiting the division from granting a license or
   14         permit to applicants with a prior conviction of
   15         aggravated assault or battery or child abuse; revising
   16         procedures for testing animals for medication or
   17         drugs; requiring certain laboratories to participate
   18         in a quality assurance program; requiring the
   19         administrator of such program to report results and
   20         findings; requiring the division to maintain records
   21         of greyhounds injured while racing; providing for the
   22         content of such records; establishing a fine for
   23         making false statements on injury records; requiring
   24         the division to adopt rules; providing an effective
   25         date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. This act may be cited as the “Greyhound Safety
   30  Act.”
   31         Section 2. Paragraph (a) of subsection (1) and subsections
   32  (3) through (5) of section 550.2415, Florida Statutes, are
   33  amended, and paragraphs (f), (g), and (h) are added to
   34  subsection (6) of that section, to read:
   35         550.2415 Racing of animals under certain conditions
   36  prohibited; penalties; exceptions.—
   37         (1)(a) The racing of an animal that has been impermissibly
   38  medicated or drugged with any drug, medication, stimulant,
   39  depressant, hypnotic, narcotic, local anesthetic, or drug
   40  masking agent is prohibited. It is a violation of this section
   41  for a person to impermissibly medicate or drug an animal
   42  resulting administer or cause to be administered any drug,
   43  medication, stimulant, depressant, hypnotic, narcotic, local
   44  anesthetic, or drug-masking agent to an animal which will result
   45  in a positive test for a prohibited such substance based on
   46  samples taken from the animal immediately prior to or
   47  immediately after the racing of that animal. Test results and
   48  the identities of the animals being tested and of their trainers
   49  and owners of record are confidential and exempt from s.
   50  119.07(1) and from s. 24(a), Art. I of the State Constitution
   51  for 10 days after testing of all samples collected on a
   52  particular day has been completed and any positive test results
   53  derived from such samples have been reported to the director of
   54  the division or administrative action has been commenced.
   55         (3)(a) Upon the finding of a violation of this section, the
   56  division may revoke or suspend the license or permit of the
   57  violator or deny a license or permit to the violator; impose a
   58  fine against the violator in an amount not exceeding the purse
   59  or sweepstakes earned by the animal in the race at issue or
   60  $10,000, whichever is greater $5,000; require the full or
   61  partial return of the purse, sweepstakes, and trophy of the race
   62  at issue; or impose against the violator any combination of such
   63  penalties. The finding of a violation of this section does not
   64  prohibit in no way prohibits a prosecution for criminal acts
   65  committed.
   66         (b) The division, notwithstanding the provisions of chapter
   67  120, may summarily suspend the license of an occupational
   68  licensee responsible under this section or division rule for the
   69  condition of a race animal if the division laboratory reports
   70  the presence of a prohibited an impermissible substance in the
   71  animal or its blood, urine, saliva, or any other bodily fluid,
   72  either before a race in which the animal is entered or after a
   73  race the animal has run.
   74         (c) The division may not grant a license or permit to an
   75  applicant who has been convicted of animal cruelty pursuant to
   76  s. 828.12 and shall immediately revoke a license or permit of a
   77  person found guilty of violating s. 828.12 subsequent to
   78  obtaining a license or permit under this chapter.
   79         (d) The division may not grant a license or permit to an
   80  applicant who has been convicted of a felony for aggravated
   81  assault or battery pursuant to chapter 784 or a felony for the
   82  abuse of a child pursuant to chapter 827.
   83         (e)(c) If an occupational licensee is summarily suspended
   84  under this section, the division shall offer the licensee a
   85  prompt postsuspension hearing within 72 hours, at which the
   86  division shall produce the laboratory report and documentation
   87  which, on its face, establishes the responsibility of the
   88  occupational licensee. Upon production of the documentation, the
   89  occupational licensee has the burden of proving his or her lack
   90  of responsibility.
   91         (f)(d) Any proceeding for administrative action against a
   92  licensee or permittee, other than a proceeding under paragraph
   93  (e)(c), shall be conducted in compliance with chapter 120.
   94         (4) A prosecution pursuant to this section for a violation
   95  of this section must be commenced within 180 days 2 years after
   96  the violation was committed. Service of an administrative
   97  complaint marks the commencement of administrative action.
   98         (5) The division shall implement a split-sample procedure
   99  for testing animals under this section. Using the split-sample
  100  procedure, the division shall split each urine and blood sample
  101  into a primary sample and a secondary (split) sample upon
  102  collection. The division shall transfer custody of the primary
  103  sample to the division laboratory and shall retain custody of
  104  the split sample, except as provided in this subsection.
  105         (a) Upon finding a positive drug test result, The division
  106  department shall notify the owner or trainer, the stewards, and
  107  the appropriate horsemen’s association of all drug test the
  108  results. If a drug test result is positive The owner may request
  109  that each urine and blood sample be split into a primary sample
  110  and a secondary (split) sample. Such splitting must be
  111  accomplished in the laboratory under rules approved by the
  112  division. Custody of both samples must remain with the division.
  113  However, and upon request by the affected trainer or owner of
  114  the animal from which the sample was obtained, the division
  115  shall send the split sample to an approved independent
  116  laboratory for analysis. The division shall establish standards
  117  and rules for uniform enforcement and shall maintain a list of
  118  at least five approved independent laboratories for an owner or
  119  trainer to select from in the event of a positive test result
  120  sample.
  121         (b) If the division state laboratory’s findings are not
  122  confirmed by the independent laboratory, no further
  123  administrative or disciplinary action under this section may be
  124  pursued. The division may adopt rules identifying substances
  125  that diminish in a blood or urine sample due to passage of time
  126  and that must be taken into account in applying this section.
  127         (c) If the independent laboratory confirms the division
  128  state laboratory’s positive result, or if there is an
  129  insufficient quantity of the secondary (split) sample for
  130  confirmation of the state laboratory’s positive result, the
  131  division may commence administrative proceedings as prescribed
  132  in this chapter and consistent with chapter 120. For purposes of
  133  this subsection, the department shall in good faith attempt to
  134  obtain a sufficient quantity of the test fluid to allow both a
  135  primary test and a secondary test to be made. If there is an
  136  insufficient quantity of the split sample for confirmation of
  137  the division laboratory’s positive result, the division may not
  138  take further administrative or disciplinary action against the
  139  owner or trainer, and any license suspension as a consequence of
  140  the positive result must be immediately lifted.
  141         (d) The division shall require its laboratory and the
  142  independent laboratories to annually participate in an
  143  externally administered quality assurance program designed to
  144  assess testing proficiency and accuracy in the detection and
  145  appropriate quantification of medications, drugs, and naturally
  146  occurring substances that may be administered to racing animals.
  147  The administrator of the quality assurance program shall report
  148  its results and findings to the division.
  149         (6)
  150         (f)1. The division shall maintain records of injuries that
  151  a greyhound sustains while racing at a greyhound track in this
  152  state, including injuries incurred during a schooling race. The
  153  record must include all of the following:
  154         a. The greyhound’s registered name, right-ear and left-ear
  155  tattoo numbers, and, if any, the microchip manufacturer and
  156  number.
  157         b. The name, business address, and telephone number of the
  158  greyhound owner, the trainer, and the kennel operator.
  159         c. The color, weight, and sex of the greyhound.
  160         d. The location where the injury occurred.
  161         e. If the injury occurred during a race, the racetrack
  162  where the injury occurred, the condition of the racetrack, and
  163  the distance, the grade, the race, and the post position of the
  164  greyhound when the injury occurred.
  165         f. The time and weather conditions at the facility when the
  166  injury occurred.
  167         g. The specific type and bodily location of the injury, the
  168  cause of the injury, and the estimated recovery time from the
  169  injury.
  170         2. An injury record shall be completed and signed under
  171  oath or affirmation under penalty of perjury by the racetrack
  172  veterinarian, whose signature must be witnessed by a designated
  173  representative of the division.
  174         3. The division shall maintain an injury record for 7 years
  175  after the injury occurred, and such records shall be made
  176  readily available during this time to the public upon oral or
  177  written request to the division.
  178         4. A person who knowingly makes a false statement on an
  179  injury record is subject to a fine of up to $1,500. A subsequent
  180  violation of this subparagraph results in a fine of at least
  181  $3,000.
  182         (g) A dogracing permitholder operating in this state must:
  183         1. Maintain its facility in a manner that provides for the
  184  safety of racing greyhounds;
  185         2. Maintain a safe racetrack surface at all times pursuant
  186  to the safety standards adopted by the division;
  187         3. Install a safety device to remove the lure from the
  188  racetrack surface; and
  189         4. Insulate all exposed electrical wires on the racetrack
  190  surface or anywhere at the facility where a racing greyhound may
  191  come into contact with electrical wires.
  192         (h) The division shall adopt by rule safety standards
  193  relating to racetrack surfaces.
  194         Section 3. This act shall take effect July 1, 2015.