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Florida Administrative Code (Last Updated: March 13, 2024) |
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61. Department of Business and Professional Regulation |
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61D. Division of Pari-Mutuel Wagering |
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61D-6. Drugs And Veterinarian Procedures |
1The following procedures shall be followed when requesting a split sample analysis at 14an independent 16laboratory:
17(1) 18A trainer of record or owner 24of a racehorse or racing greyhound who has received a report of positive result may request that split sample analysis be conducted on the corresponding portion of the specimen, or secondary (“B” portion), if applicable. The trainer of record or owner may request that the split sample be sent to an independent laboratory approved by the Division for split sample analysis. The request must be made in writing or on Form DBPR PMW-3290, Split Sample Request, 100effective December 2015, and adopted herein by reference, which can be obtained at 113https://www.flrules.org/Gateway/reference.asp?No=Ref-06325, 115www.myfloridalicense.com/dbpr/pmw, 116or by contacting the 120Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, 133and submitted by certified mail or hand delivery to the State Steward, Division Hearing Officer, or the Division’s Office of the General Counsel no later than ten (10) calendar days after receipt of the report of positive result.
171(2) The party requesting the split sample shall select 180an independent laboratory 183from a list of laboratories approved by the Division to perform the 195split sample 197analysis. The party requesting a split sample analysis shall bear all costs of the analysis 212and provide the Division with proof of payment220.
221(3) Failure to request a split sample with an approved 231independent 232laboratory within ten (10) calendar days after receiving written notification of the 244report of positive 247result from the 250primary racing 252laboratory shall constitute a waiver of the right to a split sample. 264Failure to pay the independent laboratory in full for split sample analysis and provide proof of payment to the Division within ten (10) days of the request for split sample analysis shall constitute a waiver of the right to a split sample.
306(4) 307Upon receipt of the split sample request, the Division 316shall notify the 319primary 320laboratory of the request, identifying the sample 327number on 329which the split sample analysis is to be performed, the 339independent 340laboratory which has been selected, 345and the primary laboratory’s internal tracking number352. The 354primary racing 356laboratory shall send the unopended split sample to the 365independent 366laboratory selected within ten (10) calendar days of receiving the request.
377(5) The request of a split sample shall operate as a stay of any hearing until the analysis of the split sample has been completed. 402Failure by the requestor to pay the independent laboratory for a split sample test shall not operate as a stay.
422Rulemaking Authority 424120.80(4)(a), 425550.0251(3), 426(11), 427550.2415(5), 428(12) FS. Law Implemented 432120.80(4)(a), 433550.0251, 434550.2415 FS. 436History–New 10-20-96, Amended 12-15-97, 4-12-06, 6-26-11, 1-10-16, 12-4-17.
