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
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 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 druggedwith any drug, medication, stimulant,8depressant, hypnotic, narcotic, local anesthetic, or drug9masking agentis prohibited. It is a violation of this section 10 for a person to impermissibly medicate or drug an animal 11 resultingadminister or cause to be administered any drug,12medication, stimulant, depressant, hypnotic, narcotic, local13anesthetic, or drug-masking agent to an animal which will result14 in a positive test for such substance based on samples taken 15 from the animalimmediatelyprior 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 prohibitedan impermissiblesubstance 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 days2 yearsafter 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 55departmentshall notify the owner or trainer, the stewards, and 56 the horsemen’s association of all drug testtheresults. The57owner may request that each urine and blood sample be split into58a primary sample and a secondary (split) sample. Such splitting59must be accomplished in the laboratory under rules approved by60the division. Custody of both samples must remain with the61division. In the event of a positive test resultHowever, 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 resultsample. 69 (b) If the divisionstatelaboratory’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 76statelaboratory’s positive result,or if there is an77insufficient quantity of the secondary (split) sample for78confirmation 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-