Bill Text: FL S0742 | 2014 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Racing Animals

Spectrum: Moderate Partisan Bill (Democrat 6-1)

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

Download: Florida-2014-S0742-Comm_Sub.html

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       Florida Senate - 2014                              CS for SB 742
       
       
        
       By the Committee on Gaming; and Senators Sobel, Soto, Clemens,
       and Abruzzo
       
       
       
       
       584-04017-14                                           2014742c1
    1                        A bill to be entitled                      
    2         An act relating to racing animals; amending s.
    3         550.2415, F.S.; revising the prohibition on the use of
    4         medication or drugs on animals; revising penalties for
    5         such use; revising procedures for testing animals for
    6         medication or drugs; requiring the Division of Pari
    7         mutuel Wagering within the Department of Business and
    8         Professional Regulation to maintain records of
    9         greyhounds injured while racing; providing for the
   10         content of such records; providing fines for making
   11         false statements on an injury form; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (a) of subsection (1), paragraphs (a)
   17  and (b) of subsection (3), and subsections (4) and (5) of
   18  section 550.2415, Florida Statutes, are amended, and paragraph
   19  (f) is added to subsection (6) of that section, to read:
   20         550.2415 Racing of animals under certain conditions
   21  prohibited; penalties; exceptions.—
   22         (1)(a) The racing of an animal that has been impermissibly
   23  medicated or drugged with any drug, medication, stimulant,
   24  depressant, hypnotic, narcotic, local anesthetic, or drug
   25  masking agent is prohibited. It is a violation of this section
   26  for a person to impermissibly medicate or drug an animal
   27  resulting administer or cause to be administered any drug,
   28  medication, stimulant, depressant, hypnotic, narcotic, local
   29  anesthetic, or drug-masking agent to an animal which will result
   30  in a positive test for such substance based on samples taken
   31  from the animal immediately prior to or immediately after the
   32  racing of that animal. Test results and the identities of the
   33  animals being tested and of their trainers and owners of record
   34  are confidential and exempt from s. 119.07(1) and from s. 24(a),
   35  Art. I of the State Constitution for 10 days after testing of
   36  all samples collected on a particular day has been completed and
   37  any positive test results derived from such samples have been
   38  reported to the director of the division or administrative
   39  action has been commenced.
   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.
  112         (6)
  113         (f)1. The division shall maintain records regarding
  114  injuries incurred by racing greyhounds while they are racing in
  115  this state, including injuries incurred in schooling races. The
  116  records must include:
  117         a. The greyhound’s registered name, right and left ear
  118  tattoo numbers, and, if any, the microchip manufacturer and
  119  number.
  120         b. The name, business address, and telephone number of the
  121  greyhound owner and trainer and the kennel operator.
  122         c. The color, weight, and sex of the greyhound.
  123         d. The location where the injury took place, whether on a
  124  racetrack or in another area.
  125         e. If the injury occurred while the greyhound was racing,
  126  the racetrack where the injury occurred and the distance, grade,
  127  race, and post position of the greyhound when the injury
  128  occurred.
  129         f. The weather conditions, time, and track condition when
  130  the injury occurred.
  131         g. The specific type and bodily location of injury, the
  132  cause of the injury, and the estimated recovery time from the
  133  injury.
  134         2. All injury forms shall be completed and signed under
  135  oath or affirmation under penalty of perjury by the racetrack
  136  veterinarian, whose signature must be witnessed by a designated
  137  representative of the division.
  138         3. Injury records created and maintained under this
  139  paragraph shall be maintained by the division for a period of 7
  140  years and shall be made readily available to the public upon
  141  oral or written request to the division.
  142         4. Knowingly making a false statement on an injury form
  143  shall result in a fine not to exceed $1,500. A second or
  144  subsequent violation of this paragraph shall result in a fine of
  145  at least $3,000.
  146         Section 2. This act shall take effect July 1, 2014.