61D-6.012. Racing Greyhound Drug and Substance Classification System and Penalty Schedule

(1) The purpose of this rule is to designate and classify prohibited substances and the corresponding penalties that the Division shall impose upon a finding that a greyhound participated in a race while impermissibly medicated or with a prohibited substance present in its body. Nothing hereunder modifies the provisions promulgated under section 550.2415, F.S. Any reference to a Commission within the incorporated document in subsection (2) of this rule is not applicable because the State of Florida has not established a Racing Commission.

(2) The Division hereby incorporates by reference the classification system for drugs and substances and corresponding penalty schedule in the Uniform Classification Guidelines for Foreign Substances, version 8.0, revised December 2014, by the Association of Racing Commissioners International, Inc. (the “Classification and Penalty Guidelines”). An electronic copy is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-10818.

(3) The penalties corresponding to the drug or medication classification, as provided in the incorporated Classification and Penalty Guidelines, shall be imposed when an animal has been impermissibly medicated or determined to have a prohibited substance present in its body. Penalties shall be imposed against racing greyhound trainers, pursuant to subsection 61D-6.002(1), F.A.C., and section 550.2415(2), F.S.

(4) The Division shall consider the following mitigating or aggravating factors to deviate from the penalties provided by the Classification and Penalty Guidelines:

(a) The impact of the offense to the integrity of the pari-mutuel industry.

(b) The danger to the public and/or racing animals.

(c) The number of repetitions and date of prior violations of any penalty class in Florida and any other jurisdiction.

(d) The number of similar prior offenses.

(e) The time periods between offenses.

(f) The number of complaints filed against the licensee, which have resulted in prior discipline.

(g) The length of time the licensee has been licensed in Florida or any other jurisdiction.

(5) If a penalty within the Classification and Penalty Guidelines provides for a sanction in excess of the limitation contained in section 550.2415(3)(a), F.S., the sanction imposed shall be reduced to an amount that does not exceed the statutory maximum limit.

Rulemaking Authority 550.0251(3), (11), 550.2415(7), (12) FS. Law Implemented 550.0251, 550.1155, 550.2415 FS. History–New 6-26-11, Amended 1-10-16, 8-1-19.