Bill Amendment: FL S0742 | 2014 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Racing Animals

Status: 2014-05-02 - Died in Messages [S0742 Detail]

Download: Florida-2014-S0742-Senate_Committee_Substitue_Amendment_332448_Amendment_899300_.html
       Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 742
       
       
       
       
       
       
                                Ì3324488Î332448                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/08/2014           .                                
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    1         Senate Substitute for Amendment (899300) (with directory
    2  and title amendments)
    3  
    4         Between lines 16 and 17
    5  insert:
    6         (1)(a) The racing of an animal that has been impermissibly
    7  medicated or drugged with any drug, medication, stimulant,
    8  depressant, hypnotic, narcotic, local anesthetic, or drug
    9  masking agent is prohibited. It is a violation of this section
   10  for a person to impermissibly medicate or drug an animal
   11  resulting administer or cause to be administered any drug,
   12  medication, stimulant, depressant, hypnotic, narcotic, local
   13  anesthetic, or drug-masking agent to an animal which will result
   14  in a positive test for such substance based on samples taken
   15  from the animal immediately prior to or immediately after the
   16  racing of that animal. Test results and the identities of the
   17  animals being tested and of their trainers and owners of record
   18  are confidential and exempt from s. 119.07(1) and from s. 24(a),
   19  Art. I of the State Constitution for 10 days after testing of
   20  all samples collected on a particular day has been completed and
   21  any positive test results derived from such samples have been
   22  reported to the director of the division or administrative
   23  action has been commenced.
   24         (3)(a) Upon the finding of a violation of this section, the
   25  division may revoke or suspend the license or permit of the
   26  violator or deny a license or permit to the violator; impose a
   27  fine against the violator in an amount not exceeding the purse
   28  or sweepstakes earned by the animal in the race at issue or
   29  $10,000, whichever is greater $5,000; require the full or
   30  partial return of the purse, sweepstakes, and trophy of the race
   31  at issue; or impose against the violator any combination of such
   32  penalties. The finding of a violation of this section in no way
   33  prohibits a prosecution for criminal acts committed.
   34         (b) The division, notwithstanding the provisions of chapter
   35  120, may summarily suspend the license of an occupational
   36  licensee responsible under this section or division rule for the
   37  condition of a race animal if the division laboratory reports
   38  the presence of a prohibited an impermissible substance in the
   39  animal or its blood, urine, saliva, or any other bodily fluid,
   40  either before a race in which the animal is entered or after a
   41  race the animal has run.
   42         (4) A prosecution pursuant to this section for a violation
   43  of this section must be commenced within 180 days 2 years after
   44  the violation was committed. Service of an administrative
   45  complaint marks the commencement of administrative action.
   46         (5) The division shall implement a split-sample procedure
   47  for testing animals under this section. Each urine and blood
   48  sample shall be split into a primary sample and a secondary
   49  (split) sample upon collection, under rules adopted by the
   50  division. The division shall transfer custody of the primary
   51  sample to the division laboratory, with custody of the split
   52  sample to remain with the division except as provided in this
   53  subsection.
   54         (a) Upon finding a positive drug test result, The division
   55  department shall notify the owner or trainer, the stewards, and
   56  the horsemen’s association of all drug test the results. The
   57  owner may request that each urine and blood sample be split into
   58  a primary sample and a secondary (split) sample. Such splitting
   59  must be accomplished in the laboratory under rules approved by
   60  the division. Custody of both samples must remain with the
   61  division. In the event of a positive test result However, upon
   62  request by the affected trainer or owner of the animal from
   63  which the sample was obtained, the division shall send the split
   64  sample to an approved independent laboratory for analysis. The
   65  division shall establish standards and rules for uniform
   66  enforcement and shall maintain a list of at least five approved
   67  independent laboratories for an owner or trainer to select from
   68  in the event of a positive test result sample.
   69         (b) If the division state laboratory’s findings are not
   70  confirmed by the independent laboratory, no further
   71  administrative or disciplinary action under this section may be
   72  pursued. The division may adopt rules identifying substances
   73  that diminish in a blood or urine sample due to passage of time
   74  and that must be taken into account in applying this section.
   75         (c) If the independent laboratory confirms the division
   76  state laboratory’s positive result, or if there is an
   77  insufficient quantity of the secondary (split) sample for
   78  confirmation of the state laboratory’s positive result, the
   79  division may commence administrative proceedings as prescribed
   80  in this chapter and consistent with chapter 120. For purposes of
   81  this subsection, the department shall in good faith attempt to
   82  obtain a sufficient quantity of the test fluid to allow both a
   83  primary test and a secondary test to be made. If there is an
   84  insufficient quantity of the split sample for confirmation of
   85  the division laboratory’s positive result, the division may not
   86  take further action on the matter against the owner or trainer,
   87  and any resulting license suspension must be immediately lifted.
   88         (d) The division shall require its laboratory and the
   89  independent laboratories to annually participate in an
   90  externally administered quality assurance program designed to
   91  assess testing proficiency in the detection and appropriate
   92  quantification of medications, drugs, and naturally occurring
   93  substances that may be administered to racing animals. The
   94  administrator of the quality assurance program shall report its
   95  results and findings to the division.
   96  
   97  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   98  And the directory clause is amended as follows:
   99         Delete lines 13 - 14
  100  and insert:
  101         Section 1. Paragraph (a) of subsection (1), paragraphs (a)
  102  and (b) of subsection (3), and subsections (4) and (5) of
  103  section 550.2415, Florida Statutes, are amended, and paragraph
  104  (f) is added to subsection (6) of that section, to read:
  105  
  106  ================= T I T L E  A M E N D M E N T ================
  107  And the title is amended as follows:
  108         Delete lines 2 - 3
  109  and insert:
  110         An act relating to racing animals; amending s.
  111         550.2415, F.S.; revising the prohibition on the use of
  112         medication or drugs on animals; revising penalties for
  113         such use; revising procedures for testing animals for
  114         medication or drugs; requiring the Division of Pari-

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