The purpose and effect of this proposed rulemaking is to update the rules to remove references to live greyhound racing in the State of Florida, update the agency’s physical and website address, and change all references ....

 

FLORIDA GAMING CONTROL COMMISSION

RULE NO.:RULE TITLE:

75-6.001Purpose for Rules; Definitions Related to Drugs and Medications

75-6.002General Duties and Responsibilities

75-6.004Prohibited Devices, Medications, and Procedures; Exceptions

75-6.0052Procedures for Collecting Samples from Greyhounds

75-6.006Procedures Relating to Split Samples

75-6.009Veterinarians

75-6.012Racing Greyhound Drug and Substance Classification System and Penalty Schedule

PURPOSE AND EFFECT: The purpose and effect of this proposed rulemaking is to update the rules to remove references to live greyhound racing in the State of Florida, update the agency’s physical and website address, and change all references from division to commission to reflect the type two transfer that created the Florida Gaming Control Commission.

SUMMARY: The proposed rulemaking amends commission rules in order to remove references to live greyhound racing in the State of Florida and updates the agency’s physical and website address, and changes all references from division to commission to reflect the type two transfer that created the Florida Gaming Control Commission.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. 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.

RULEMAKING AUTHORITY: 120.80(19), 550.0251(3), (11), 550.2415(5), (7), (12) FS.

LAW IMPLEMENTED: 120.80(19), 550.0251, 550.1155, 550.235, 550.2415 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Melba Apellaniz, Clerk of the Commission, at [e-mail] or [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

75-6.001 Purpose for Rules; Definitions Related to Drugs and Medications.

(1) The purpose of these rules related to Medication, Drugs and Sampling is to protect the integrity of horse racing and, jai alai games and greyhound racing, to protect the welfare of the animal, and to safeguard the interest of the public and racing participants through the control of all medications, drugs, and substances foreign to or in excess of the natural physiology of the animal.

(2) In construing these rules, the following definitions shall apply:

(a) “Bleeders’ List” means a list of horses maintained by the commission division that exhibit exercise induced pulmonary hemorrhage.

(b) “Furosemide (Salix) List” means the commission’s division’s official list of racing horses approved for racing with furosemide in Florida.

(c) and (d) No change.

(e) “Veterinarian’s list” means a list maintained by the track veterinarian which contains the name of any racing horse or racing greyhound which the veterinarian considers unfit, unsound or not ready for racing.

(f) No change.

Rulemaking Authority 550.0251(3), 550.2415(12)(13) FS. Law Implemented 550.0251, 550.2415 FS. History–New 10-20-96, Amended 6-6-00, 4-12-06, Formerly 61D-6.001, Amended             .

 

75-6.002 General Duties and Responsibilities.

(1) The trainer of record shall be responsible for and be the absolute insurer of the condition of the horses or racing greyhounds, he/ she enters to race. Trainers, kennel owners and operators are presumed to know the rules of the commission Division. The trainer of record shall be identified on Form FGCC PMW-3360, Personnel Roster, effective December 2015 and incorporated herein by reference, which can be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-06327, www.flgaming.gov www.fgcc.fl.gov, or by contacting the Florida Gaming Control Commission, 4070 Esplanade Way, Suite 250, Tallahassee, Florida 32399 2601 Blair Stone Road, Tallahassee, Florida. The trainer of record shall provide to the chief inspector and racing secretary at any track where the trainer enters racing animals in pari-mutuel races Form FGCC PMW-3360, Personnel Roster at the beginning of each race meet and whenever any changes are made to the personnel under his/her employment.

(2) Each permitholder of a thoroughbred, harness, or quarter horse, or greyhound racing facility shall provide and maintain a detention enclosure in a location approved by the commission division for the purpose of securing urine, blood or other samples from racing greyhounds or horses. The detention enclosure at horse tracks shall have a perimeter fence which will prevent access of unauthorized persons, contain a wash rack, an office for the commission Division veterinarian, and not less than six detention stalls with an adjacent walking ring. The detention enclosure at greyhound tracks shall be located within a reasonable distance of the veterinary assistant detention office and shall have a chain link perimeter fence which will prevent access of unauthorized persons. The detention enclosure at greyhound tracks shall be large enough to allow three dogs to be walked simultaneously for the purpose of taking urine samples, be partially covered to allow sampling during inclement weather, and have sufficient lighting to allow sampling during hours of darkness.

(3) No change.

Rulemaking Authority 120.80(4)(a), 550.0251(3), 550.2415(12)(2), (7) FS. Law Implemented 120.80(4)(a), 550.0251, 550.2415 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 1-10-16, Formerly 61D-6.002, Amended             .

 

75-6.004 Prohibited Devices, Medications, and Procedures; Exceptions.

(1) The administration, by whatever means, of any medication, except furosemide and prednisolone sodium succinate, to a racing animal within 24 hours prior to the officially scheduled time of a race in which that animal is scheduled to compete is strictly prohibited. The administration of furosemide or prednisolone sodium succinate, by whatever means, to a racing animal within 4 hours prior to the officially scheduled time of a race in which that animal is scheduled to compete is strictly prohibited. Any racing animal found by the stewards or judges, through evidence a reasonable person would consider reliable, to have been administered, by whatever means, any medication other than furosemide and prednisolone sodium succinate within 24 hours prior to the officially scheduled time of a race in which that animal is scheduled to compete shall be scratched. Any racing animal found by the stewards or judges, through evidence a reasonable person would consider reliable, to have been administered furosemide or prednisolone sodium succinate, by whatever means, within 4 hours prior to the officially scheduled time of a race in which that animal is scheduled to compete shall be scratched. Nothing in this rule shall be interpreted to prohibit the use of vitamins, minerals or naturally occurring substances so long as none exceeds the normal physiological concentration in a race day specimen.

(2)(a) No licensee within the grounds of a racing permitholder where racing animals are lodged or kept shall have in or upon the premises which that person occupies or has the right to occupy, or in that licensee’s personal property or effects, the following:

1. through 3. No change.

4. Except as provided in paragraph (2)(b), any other device which could be used for the injection, infusion or other administration of a legend drug, proprietary drug or medicinal compound (natural or synthetic) into a horse or racing greyhound.

(b) Exempted from the provisions of paragraph (2)(a), are:

1. The possession of a syringe, hypodermic needle, injectable vial for the administration of a medication for personal use if the stewards or judges of the permitted premises the person occupies are provided prior written notification of possession of such devices and medication and are provided a copy of a physician order documenting the need for such devices and medication; and,

2. No change.

3. The possession of any of the following devices which the commission division expressly designates as exempt from the prohibitions contained in paragraph (2)(a), above:

a. through d. No change.

(3) The rectal, oral, naso-gastric or gastric intubation (commonly known as “tubing”) of any racing animal which is scheduled to race is prohibited on race day. Any animal found by the stewards or judges to have been intubated on race day shall be scratched.

Rulemaking Authority 120.80(19)(4)(a), 550.0251(3), (11), 550.2415(7), (12)(13) FS. Law Implemented 120.80(19)(4)(a), 550.0251, 550.235, 550.2415 FS. History– New 10-20-96, Amended 1-5-98, Formerly 61D-6.004, Amended             .

 

75-6.0052 Procedures for Collecting Samples from Greyhounds.

Rulemaking Authority 550.0251(3), (11), 550.2415(12) FS. Law Implemented 550.0251, 550.2415 FS. History–New 3-10-19, Formerly 61D-6.0052, Repealed             .

 

75-6.006 Procedures Relating to Split Samples.

The following procedures shall be followed when requesting a split sample analysis at an independent laboratory:

(1) A trainer of record or owner of 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 commission Division for split sample analysis. The request must be made in writing or on Form FGCC PMW-3290, Split Sample Request, effective December 2015, and adopted herein by reference, which can be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-06325, www.flgaming.gov www.fgcc.fl.gov, or by contacting the Florida Gaming Control Commission, 4070 Esplanade Way, Suite 250, Tallahassee, Florida 32399 2601 Blair Stone Road, Tallahassee, Florida 32399, and submitted by certified mail or hand delivery to the State Steward, commission Division Hearing Officer, or the commission’s Division’s Office of the General Counsel no later than ten (10) calendar days after receipt of the report of positive result.

(2) The party requesting the split sample shall select an independent laboratory from a list of laboratories approved by the commission Division to perform the split sample analysis. The party requesting a split sample analysis shall bear all costs of the analysis and provide the commission Division with proof of payment.

(3) Failure to request a split sample with an approved independent laboratory within ten (10) calendar days after receiving written notification of the report of positive result from the primary racing laboratory shall constitute a waiver of the right to a split sample. Failure to pay the independent laboratory in full for split sample analysis and provide proof of payment to the commission Division within ten (10) days of the request for split sample analysis shall constitute a waiver of the right to a split sample.

(4) Upon receipt of the split sample request, the commission Division shall notify the primary laboratory of the request, identifying the sample number on which the split sample analysis is to be performed, the independent laboratory which has been selected, and the primary laboratory’s internal tracking number. The primary racing laboratory shall send the unopended split sample to the independent laboratory selected within ten (10) calendar days of receiving the request.

(5) No change.

Rulemaking Authority 120.80(19)(4)(a), 550.0251(3), (11), 550.2415(5), (12) FS. Law Implemented 120.80(19)(4)(a), 550.0251, 550.2415 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 6-26-11, 1-10-16, 12-4-17, Formerly 61D-6.006, Amended    .

 

75-6.009 Veterinarians.

(1) The commission Division shall employ a veterinarian (the commission Division or state veterinarian) who is licensed and in good standing with the Florida State Board of Veterinary Medicine pursuant to Chapter 474, F.S. The commission Division veterinarian is authorized to:

(a) and (b) No change.

(c) Monitor the conduct and practice of veterinarians licensed by the commission Division in accordance with this chapter;

(d) No change.

(e) Inquire into any violation concerning a practicing veterinarian, and counsel the stewards, judges, or commission Division investigators concerning such violations of rules;

(f) No change.

(g) Inspect stables and greyhound compound areas for general health and safety requirements;

(h) Recommend to the stewards or judges that a special urine or blood sample be collected from any racing animal that he/she suspects is not performing according to form; and

(i) Perform such other duties as the commission Division may from time to time require.

(2) Each racing animal permitholder shall employ a veterinarian (the track or permitholder veterinarian) who is licensed by and in good standing with the Florida State Board of Veterinary Medicine pursuant to Chapter 474, F.S. It is the duty of the general manager to ensure that the requirements of rules pertaining to the track veterinarian are strictly complied with.

(a) Every racing animal entered to race shall be given a pre-race examination on the day of the race to determine the entry’s fitness to race. The pre-race examination shall be made by the track veterinarian. Horses shall be examined prior to racing. All bandages shall be removed by the groom and the entry exercised outside the stall so the track veterinarian can determine the physical condition of the entry.

1. Horses shall be examined prior to racing. All bandages shall be removed by the groom and the entry exercised outside the stall so the track veterinarian can determine the physical condition of the entry.

2. Racing greyhounds shall be examined by the track veterinarian at the first weighing-in time, before entry into the lock-out kennel (Jenny pit).

(b) The track veterinarian shall observe the condition of all racing animals immediately prior to, during, and after the race. Any racing animal which has been entered to race that the track veterinarian or commission division veterinarian considers to be unsound for racing shall be promptly reported to the stewards or judges and said animal shall be scratched.

(c) The track veterinarian shall maintain a list to be known as the “Veterinarian’s List” upon which the veterinarian shall enter the name of any racing animal which the veterinarian considers unfit, unsound or not ready for racing. Any racing animal placed on the Veterinarian’s List shall be refused entry until the track veterinarian removes its name from the list. A trainer or kennel owner may appeal any decision to place a racing animal on the Veterinarian’s List to the stewards or judges.

(d) The track veterinarian shall perform such other reasonable duties pertaining to the health and welfare of the racing animals as shall be directed by the stewards, judges, or the commission Division.

(3) Any veterinarian duly licensed in accordance with the laws of the State of Florida and desiring to practice on the grounds of a permitholder (practicing veterinarian) must be licensed by the commission Division.

(a) No change.

(b) Practicing veterinarians who prescribe or use any drug, medication, compound (natural or synthetic) or treatment which contains a legend or proprietary drug, medication, or medicinal compound (natural or synthetic) which may restrict the racing ability of a racing animal for a period of time, shall at the time of prescribing or use deliver to the racing animal’s trainer of record or their designee when witnessed to, a written statement setting forth the date, the name of the animal, and the name of said drug, medication or compound (natural or synthetic), the effect and reason so prescribed and used. A copy of this statement shall be available upon the request of the commission Division veterinarian, track veterinarian or stewards/judges. Any illness with unusual symptoms shall immediately be reported by the trainer, kennel owner/operator or attending veterinarian to the commission Division veterinarian, track veterinarian or steward/judge.

(4)(a) Practicing veterinarians shall maintain records of all racing animals treated and of all medications sold or dispensed. These records shall include the names of the racing animals, their trainer or kennel owner of record, the date, time, amount and type of medication, drug or compound (natural or synthetic), method of administration, and diagnosis. These records shall be retained for at least 24 months and shall be available for inspection by commission Division personnel.

(b) No change.

(5) The track veterinarian, the commission Division veterinarian and any practicing veterinarian who furnishes professional services at a race meeting are prohibited:

(a) through (b) No change.

(6)(a) No veterinarian employed by a permitholder or by the commission Division shall be permitted, during the period of employment (30 days prior to the meet, until the completion of the meet), to treat or prescribe for any racing animal participating in a pari-mutuel meeting for compensation or otherwise, except in cases of emergency, or as otherwise authorized by the commission Division. In all cases where emergency treatment is rendered, a full and complete report of such treatment shall be made to the commission Division. No owner or trainer shall employ or pay compensation to any such veterinarian, either directly or indirectly, during the period for which he/she is so employed by the commission Division or a permitholder unless otherwise authorized by the commission Division.

(b) As an exception to this section, greyhound permitholders may direct their track veterinarians to adopt a schedule for and perform the administration of testosterone for the control of estrus to female racing greyhounds, and required inoculations for all racing greyhounds. The costs of such administrations shall be determined by contractual agreement.

(7) No change.

(8)(a) All racing animals shall be inoculated for infectious, contagious, and epizootic diseases including the following, and given boosters as recommended by veterinarians: Equine: Mandatory (unless the attending veterinarian, based upon the veterinarian’s professional judgement, as indicated in the animal’s veterinary records, determines that inoculation is contraindicated) at least as often as recommended by the vaccine manufacturer unless additional inoculations are required by the attending veterinarian: Influenza, Equine Encephalitis, and Rhinopneumonitis. Any other inoculation shall occur as recommended by the attending veterinarian.

1. Canine: Each of the following, once per year: Distemper, Adenovirus (Hepatitis), Leptospirosis, Para-Influenza, Parvo, Bordetella bronchiseptica and Rabies.

2. Equine: Mandatory (unless the attending veterinarian, based upon the veterinarian’s professional judgement, as indicated in the animal’s veterinary records, determines that inoculation is contraindicated) at least as often as recommended by the vaccine manufacturer unless additional inoculations are required by the attending veterinarian: Influenza, Equine Encephalitis, and Rhinopneumonitis. Any other inoculation shall occur as recommended by the attending veterinarian.

(b) Proof of vaccination for each active or inactive racing greyhound must be kept on file by the kennel owner/operator, trainer of record and be subject to inspection by the Division, provided, however, that failure to possess such proof shall not be the basis for disciplinary action if proof of inoculation can be secured through the treating veterinarian. Proof of vaccination and a Coggin’s Test certificate for racing horses must be kept on file with the trainer of record and be subject to inspection by the commission division, provided, however, that failure to possess such proof shall not be the basis for disciplinary action if proof of inoculation and/or Coggin’s Test can be secured through the treating veterinarian or the Florida race track where the horse is stabled.

(9) Any veterinarians practicing on the grounds of a permitholder shall promptly report to the commission Division veterinarian, track veterinarian or in their absence, the stewards/judges, any inhumane, illegal, or improper treatment of a racing animal that comes to their attention. The failure to do so will be considered a violation of these rules.

(10) Any veterinarian who euthanizes a greyhound shall:

(a) Use only one-time disposable syringes in compliance with paragraph (3)(a) of this rule; and,

(b) Maintain all records required by paragraph (4)(a) of this rule.

Rulemaking Authority 120.80(19)(4)(a), 550.0251(3), (11), 550.2415(6)(b), (12) FS. Law Implemented 550.0251, 550.2415(6)(b) FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 7-20-10, 1-10-16, Formerly 61D-6.009, Amended             .

 

75-6.012 Racing Greyhound Drug and Substance Classification System and Penalty Schedule.

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, Formerly 61D-6.012, Repealed              .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Gaming Control Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: The Commissioners of the Florida Gaming Control Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 3, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 17, 2024