The purpose and effect of the proposed rules will be to implement Florida Statutes pertaining to split sample procedures and permitted medications for greyhounds by establishing threshold levels for certain Class III and IV medications.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Pari-Mutuel Wagering

Rule No.: RULE TITLE
61D-6.006: Procedures Relating to Split Samples
61D-6.007: Permitted Medications for Racing Greyhounds
PURPOSE AND EFFECT: The purpose and effect of the proposed rules will be to implement Florida Statutes pertaining to split sample procedures and permitted medications for greyhounds by establishing threshold levels for certain Class III and IV medications.
SUMMARY: Rule 61D-6.006, F.A.C., addresses an internal procedure change that requires the Office of Operations to handle split sample requests rather than the Office of Investigations. Rule 61D-6.007, F.A.C., addresses the establishment of threshold levels for certain Class III and IV medications commonly found in greyhounds.
OTHER RULES INCORPORATING THIS RULE: None.
EFFECT ON THOSE OTHER RULES: None.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that these rules will not have an adverse impact on small business and will not increase regulatory costs by $200,000 in the aggregate within one year. A SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 120.80(4)(a), 550.0251(3), (11), 550.2415(5), (13), (16) FS.
LAW IMPLEMENTED: 120.80(4)(a), 550.0251, 550.2415 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: February 1, 2011, 1:00 p.m. – 2:00 p.m.
PLACE: Florida Department of Business and Professional Regulation, Northwood Centre, Board Room, 1940 N. Monroe Street, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mary Polombo at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Polombo, Clerk, Division of Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, Florida 32399-1035

THE FULL TEXT OF THE PROPOSED RULE IS:

61D-6.006 Procedures Relating to Split Samples.

The following procedures shall be followed when requesting a portion of an official sample for analysis at another laboratory:

(1) through (2) No change.

(3) Failure to request a split sample or failure to select and make arrangements, including payment for services, with an approved laboratory within 10 calendar days after receiving written notification from the Office of Operations Investigations, stewards or judges, of the results from the laboratory under contract with the division shall constitute a waiver of the right to a split sample.

(4) Whenever a split sample is requested, the stewards or judges shall promptly notify the Office of Operations Investigations, which in turn shall notify the laboratory under contract with the division of the request, identifying only the number on the sample container from which the split sample is to be taken, and the laboratory which has been selected. The laboratory under contract with the division shall send the split sample to the laboratory selected within 10 calendar days of receiving the request.

(5) through (6) No change.

Rulemaking Specific Authority 120.80(4)(a), 550.0251(3), (11), 550.2415(5), (13) FS. Law Implemented 120.80(4)(a), 550.0251, 550.2415 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, _______.

 

61D-6.007 Permitted Medications for Racing Greyhounds.

The following medications are permitted to be administered to racing greyhounds in the dosages and under the conditions listed below:

(1) through (2) No change.

(3) The following permitted medications shall not be reported by the racing laboratory to the division as a violation of Section 550.2415, F.S.: The detection of caffeine at a urinary concentration less than 200 nanograms per milliliter and/or its metabolites, theophylline and theobromine at a urinary concentration less than 400 nanograms per milliliter shall not be reported by the racing laboratory to the division as a violation of Section 550.2415, Florida Statutes.

(a) The detection of caffeine at a urinary concentration less than or equal to 200 nanograms per milliliter;

(b) The detection of theophylline and theobromine at a urinary concentration less than or equal to 400 nanograms per milliliter;

(c) The detection of procaine at a urinary concentration less than or equal to 2 micrograms per milliliter; and

(d) The detection of flunixin at a urinary concentration less than or equal to 250 nanograms per milliliter.

(4) No change.

Rulemaking Specific Authority 120.80(4)(a), 550.0251(3), (11), 550.2415(13), (16) FS. Law Implemented 120.80(4)(a), 550.0251, 550.2415 FS. History–New 10-20-96, Amended 6-6-00, 6-6-04, 4-12-06,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Milton Champion, Director, Division of Pari-Mutuel Wagering
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charlie Liem, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 15, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 8, 2010