61D-6.012. Penalty Guidelines for Class I-V Drug Violations in Greyhounds  


Effective on Sunday, January 10, 2016
  • 1(1) The penalties in this rule shall be imposed when the Division finds that the following substances have been identified by the state laboratory in a urine sample or blood sample collected from a greyhound participating in a pari-mutuel event: 

    41(a) Any drug or medication that:

    471. Is not approved for veterinary use in the 56United States 58by the Food and Drug Administration;

    642. Cannot be detected by the state laboratory in a urine or blood sample unless the medication was administered within 24 hours of the race; or

    903. Is detected in urine or blood concentrations that indicate a level of dosage that would constitute a threat to the health and safety of the greyhound.

    117a. First violation 120of this chapter

    123$1,000 to $2,500 fine and suspension of license zero to one year, or revocation of license;

    141b. Any subsequent violation 145of this chapter

    148$2,500 to $5,000 fine and revocation of license.

    158(2) The penalty for any medication or drug which is not described in subsection (1) above shall be based upon the classification of the medication or drug found in  the Uniform Classification Guidelines for Foreign Substances, revised December 2014, as promulgated by the Association of Racing Commissioners International, Inc., which is hereby 210incorporated and adopted by reference, 215https://www.flrules.org/Gateway/reference.asp?No=Ref-06400217. A copy of this document may be obtained at 227www.myfloridalicense.com/dbpr/pmw 228or by 230contacting the 232Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399245. The penalty schedule shall be as follows:

    253(a) Class I substances:

     

    2571. First violation 260of this chapter

    263$500 to $1,000 fine and suspension of license zero to one year, or revocation of license;

    2802. Any subsequent violation 284of this chapter

    287$1,000 to $5,000 fine and suspension of license no less than one year, or revocation of license.

    306(b) Class II substances:

     

    3101. First violation 313of this chapter

    316$100 to $1,000 fine and suspension of license zero to 30 days;

    3292. Second violation 332of this chapter

    335$250 to $1,000 fine and suspension of license no less than 30 days, or revocation of license;

    3533. Third violation or any subsequent violation 360of this chapter

    363$500 to $1,000 fine and suspension of license no less than 60 days, or revocation of license.

    381(c) Class III substances:

     

    3851. First violation 388of this chapter

    391$50 to $500 fine;

    3952. Second violation 398of this chapter

    401$150 to $750 fine and suspension of license zero to 30 days;

    4133. Third violation or any subsequent violation 420of this chapter

    423$250 to $1,000 fine and suspension of license zero to 60 days.

    436(d) Class IV or V substances:

     

    4421. First violation 445of this chapter

    448$50 to $250 fine;

    4522. Second violation 455of this chapter

    458$100 to $500 fine;

    4623. Third or subsequent violation 467of this chapter

    470$200 to $1,000 fine and suspension of license zero to 30 days.

    483(3) The Division may consider mitigation or aggravation to deviate from these penalty guidelines.

    497(4) Circumstances which may be considered for the purposes of mitigation or aggravation of any penalty shall include the following:

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

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

    539(c) The number of repetitions of offenses.

    546(d) The time periods between offenses.

    552(e) The number of complaints filed against the licensee or permitholder, which have resulted in prior discipline.

    569(f) The length of time the licensee or permitholder has practiced.

    580(g) The deterrent effect of the penalty imposed.

    588(h) Any efforts at rehabilitation.

    593(i) Any other mitigating or aggravating circumstances.

    600(5) Absent mitigating circumstances, the division judge or the division shall order the return of any purse, prize, or award from any pari-mutuel event for redistribution when a postive test for a drug or medication described in paragraphs (1)(a), (1)(b), (1)(c), (2)(a), or (2)(b) is reported by the state laboratory and confirmed through the hearing process. 

    656(6) The judges or the division shall specify in writing the reasons for requiring the return of any purse, prize, or award for redistribution when the positive test of a drug or medication reported by the state laboratory is not described in paragraphs (1)(a), (1)(b), (1)(c), (2)(a), or (2)(b) of this rule.

    708(7) Nothing in this rule modifies the provisions of Rule 71861D-6.008 719or 72061D-3.002, 721F.A.C., or rules promulgated under Section 727550.2415, F.S.

    729Rulemaking Authority 731550.0251(3), 732550.2415(12) FS. 734Law Implemented 736550.0251, 737550.1155, 738550.2415 FS. 740History–New 6-26-11, Amended 1-10-16.

     

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