The purpose and effect of the proposed rules will be to implement Florida Statutes which grant the Division authority to adopt rules establishing penalty guidelines for Class I, II, III, IV, and V drug violations in horses and greyhounds.

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

Rule No.: RULE TITLE
61D-6.011: Penalty Guidelines for Class I-V Drug Violations
61D-6.012: Penalty Guidelines for Class I-V Drug Violations in Greyhounds
PURPOSE AND EFFECT: The purpose and effect of the proposed rules will be to implement Florida Statutes which grant the Division authority to adopt rules establishing penalty guidelines for Class I, II, III, IV, and V drug violations in horses and greyhounds.
SUMMARY: These proposed rules implement Florida Statutes necessary to establish penalty guidelines for Class I, II, III, IV, and V drug violations in horses and 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 this rule 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: 455.2273, 550.0251(3), 550.2415(12) FS.
LAW IMPLEMENTED: 550.0251, 550.1155, 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, 2:00 p.m. – 5:00 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:

(Substantial rewording of Rule 61D-6.011 follows. See Florida Administrative Code for present text.)

61D-6.011 Penalty Guidelines for Class I-V Drug Violations in Horses.

(1) The penalties in this rule shall be imposed when the stewards or the division finds that the following substances have been identified by the state laboratory in a urine sample or blood sample collected from a horse participating in a pari-mutuel event:

 

(a) Any medication listed in subsection 61D-6.008(8), F.A.C.
1. First violation	$500 to $1,000 fine and suspension of license up to 15 days;
2. Second violation within 12 months of a previous violation	$1,000 to $2,500 fine and suspension of license up to 60 days, or revocation of license;
3. Third violation within 24 months of a second violation, or a fourth or any subsequent violation without regard to the time past since the third violation	$2,500 to $5,000 fine and suspension of license up to 180 days, or revocation of license.
(b) Any medication that: 1. Is not approved for veterinary use in the United States by the Food and Drug Administration; 2. 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 3. 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 horse.
a. First violation	$1,000 to $2,500 fine and suspension of license up to one year, or revocation of license;
b. Any subsequent violation	$2,500 to $5,000 fine and revocation of license.

 

(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 January 2010, as promulgated by the Association of Racing Commissioners International, Inc., which is hereby incorporated and adopted by reference. A copy of this document may be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1035. The penalty schedule shall be as follows:

 

(a) Class I impermissible substances:
1. First violation	$1,000 to $3,000 fine and suspension of license up to one year, or revocation of license;
2. Second violation	$3,000 to $5,000 fine and suspension of license of no less than one year, or revocation of license.
3. Third or subsequent violation	$3,000 to $5,000 fine and revocation of license.
(b) Class II impermissible substances:
1. First violation	$250 to $1,000 fine and suspension of license up to 180 days;
2. Second violation within 36 months of a previous violation	$500 to $1,000 fine and suspension of license of no less than 180 days, or revocation of license;
3. Third violation within 36 months of a second violation, or a fourth or any subsequent violation without regard to the time past since the third violation	$1,000 to $5,000 fine and suspension of license of no less than one year, or revocation of license.
(c) Class III impermissible substances:
1. First violation	$300 to $500 fine;
2. Second violation within 12 months of a previous violation	$500 to $750 fine and suspension of license up to 30 days, or revocation of license;
3. Third violation within 24 months of a second violation, or a fourth or any subsequent violation without regard to the time past since the third violation	$750 to $1,000 fine and suspension of license up to 180 days, or revocation of license.
(d) Class IV or V impermissible substances:
1. First violation	$100 to $250 fine;
2. Second violation in a 12-month period	$250 to $500 fine and suspension of license up to 10 days;
3. Third or subsequent violation in a 12-month period	$500 to $1,000 fine and suspension of license up to 60 days.

 

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

(4) The stewards 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 paragraph (1)(a), (1)(b), (2)(a), or (2)(b) of this rule.

(5) Nothing in this rule modifies the provisions of Rule 61D-6.008 or 61D-3.002, F.A.C., or rules promulgated under Section 550.2415, F.S.

Rulemaking Specific Authority 550.0251(3), 550.2415(12) FS. Law Implemented 550.0251, 550.1155, 550.2415 FS. History–New 1-5-98, Amended 2-8-01, 3-4-07,_________.

 

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

(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:

(a) Any drug or medication that:

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

2. 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

3. 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.

 

a. First violation	$1,000 to $2,500 fine and suspension of license up to one year, or revocation of license;
b. Any subsequent violation	$2,500 to $5,000 fine and revocation of license.

 

(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 January 2010, as promulgated by the Association of Racing Commissioners International, Inc., which is hereby incorporated and adopted by reference. A copy of this document may be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1035. The penalty schedule shall be as follows:

 

(a) Class I impermissible substances:
1. First violation	$500 to $1,000 fine and suspension of license up to one year, or revocation of license;
2. Any subsequent violation	$1,000 to $5,000 fine and suspension of license no less than one year, or revocation of license.
(b) Class II impermissible substances:
1. First violation	$100 to $1,000 fine and suspension of license up to 30 days;
2. Second violation within 36 months of a previous violation	$250 to $1,000 fine and suspension of license no less than 30 days, or revocation of license;
3. Third violation within 36 months of a second violation, or a fourth or any subsequent violation without regard to the time past since the third violation	$500 to $1,000 fine and suspension of license no less than 60 days, or revocation of license.
(c) Class III impermissible substances:
1. First violation	$50 to $500 fine;
2. Second violation within 12 months of a previous violation	$150 to $750 fine and suspension of license up to 30 days;
3. Third violation within 24 months of a second violation, or a fourth or any subsequent violation without regard to the time past since the third violation	$250 to $1,000 fine and suspension of license up to 60 days.
(d) Class IV or V impermissible substances:
1. First violation	$50 to $250 fine;
2. Second violation in a 12-month period	$100 to $500 fine;
3. Third or subsequent violation in a 12-month period	$200 to $1,000 fine and suspension of license up to 30 days.

 

(3) 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 paragraph (1)(a), (1)(b), (1)(c), (2)(a), or (2)(b) is reported by the state laboratory and confirmed through the hearing process.

(4) 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 paragraph (1)(a), (1)(b), (1)(c), (2)(a), or (2)(b) of this rule.

(5) Nothing in this rule modifies the provisions of Rule 61D-6.008 or 61D-3.002, F.A.C., or rules promulgated under Section 550.2415, F.S.

Rulemaking Authority 550.0251(3), 550.2415(12) FS. Law Implemented 550.0251, 550.1155, 550.2415 FS. History–New _________.

 

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 16, 2010

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 30, 2009