The purpose and effect will be to implement changes in the rule listed above to provide the necessary clarity to statutory requirements for sampling of animals raced under certain prohibited conditions and to provide the public confidence in the ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Pari-Mutuel Wagering

RULE NO.:RULE TITLE:

61D-6.005Procedures for Sampling of Racing Animals

PURPOSE AND EFFECT: The purpose and effect will be to implement changes in the rule listed above to provide the necessary clarity to statutory requirements for sampling of animals raced under certain prohibited conditions and to provide the public confidence in the integrity of pari-mutuel operations.

SUMMARY: Address confusion as to the division’s statutory procedural sampling process for racing animal.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 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(4)(a), 550.0251(3), 550.2415(1)(a), (12), (13) FS.

LAW IMPLEMENTED: 120.80(4)(a), 550.0251, 550.1155, 550.2415 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: March 27, 2015, 9:00 a.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: Patti Kight 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: Patti Kight, Division of Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, Florida 32399-1035

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61D-6.005 Procedures for Collecting Samples from Sampling of Racing Animals.

(1) Any The winner of every race and other such racing horse animal participants the stewards, judges, division, or track veterinarian of the meet designate, shall be sent immediately after the race to the detention enclosure for examination by the authorized representative of the division and for the taking of urine, blood or other such samples as shall be directed for the monitoring and detection of both permissible and impermissible substances. Blood specimens shall be taken only by a Florida licensed veterinarian (division or track) and witnessed by the horse’s racing animal’s trainer of record, owner, or designee. Said veterinarian should attempt to attain up to six full 15-milliliter blood tubes from each horse sampled.

(2) Any racing greyhound the judges, division, or track veterinarian of the meet designate, shall be sent immediately prior to the race to the detention enclosure for examination by the authorized representative of the division for the taking of urine or other such samples as shall be directed for the monitoring and detection of both permissible and impermissible substances. The division veterinarian or any other Florida licensed veterinarian hired or retained by the division shall collect urine, blood, or other bodily fluids or samples of tissue from any animal which died in a permitted race or while training at a pari-mutuel facility or from any animal found dead at a permitted track.

(3) The owner, trainer of record, groom, or other authorized person may shall be (present in the testing enclosure) able to witness when urine, blood or other specimens are taken from their horse that person’s racing animal. The specimen shall be sealed in its container, assigned an official sample number which is affixed to the specimen container, and the correspondingly numbered information portion of the sample tag shall be detached and may be signed by the owner, trainer, groom, or the authorized person as a witness to the taking and sealing of the specimen. Failure of an owner, trainer of record or other authorized person to witness and/or sign the sample tag shall not preclude the division from proceeding with sample analysis. No horse shall be left unattended in the detention enclosure by the owner, trainer of record, groom, or authorized person. The racing animal and authorized person shall remain in the detention enclosure until the sample tag is signed. Said specimens shall be maintained in such a manner as to preserve the integrity of the specimen. Specimen containers shall be of the disposable type and shall not be reused.

(4) The owner, trainer of record, or other authorized person may witness when urine or other specimens are taken from their greyhound. The specimen shall be sealed in its container, assigned an official sample number which is affixed to the specimen container, and the correspondingly numbered information portion of the sample tag shall be detached and may be signed by the owner, trainer of record, or the authorized person as a witness to the taking and sealing of the specimen. Failure of an owner, trainer of record or other authorized person to witness and/or sign the sample tag shall not preclude the division from proceeding with sample analysis. Said specimens shall be maintained in such a manner as to preserve the integrity of the specimen. Specimen containers shall be of the disposable type and shall not be reused.

(5)(4) Only those persons stated in subsection (3) and (4) (3) of this rule who are currently licensed by the division may shall be admitted at any time to the detention enclosure, except the division staff immediately in charge of such work, the stewards or judges, or such other persons as shall be authorized by the director, division official, or the division veterinarian.

(6)(5) If representatives of the division are unable to collect a urine specimen from a horse which has remained in the detention enclosure for up to ninety minutes, they may shall accompany the horse to its own barn for additional attempts at collecting a specimen. The owner, trainer of record, groom, or other authorized person may shall accompany the horse and division personnel to its barn and shall remain with the horse until a specimen is collected, and may shall accompany the division personnel veterinary assistant and specimen back to the detention enclosure for sealing of the specimen container(s).

(6) All specimens taken by or under direction of the division veterinarian or other authorized representative of the division shall be delivered to the laboratory under contract with the division for official analysis. Each specimen shall be marked by number and date and also bear any information essential for its proper analysis; however, the identity of the racing animal from which the specimen was taken or the identity of its owner, trainer, jockey, stable, or kennel shall not be revealed to the laboratory staff until official analysis of the specimen is complete.

(7) The division veterinarian or division investigator is authorized to confiscate take samples of any legend or proprietary drugs, medications, improperly labeled medication, medicinal compounds (natural or synthetic) or other materials which are found in the stable area, kennel compound or elsewhere on race tracks, or in the possession of any person participating in or connected with racing, including veterinarians and trainers, and which are suspected of containing improper legend or proprietary drugs, medications, improperly labeled medication, medicinal compounds (natural or synthetic) or other materials which are illegal or impermissible under these rules and which could affect the racing condition of a horse or racing greyhound in a race. Such legend or proprietary drugs, medications, improperly labeled medication, medicinal compounds (natural or synthetic) or other materials may shall be delivered to the laboratory under contract with the division for analysis under the same conditions as are prescribed in this rule for the analysis of other biological samples.

(8) The division may confiscate any proceed when other evidence exists that an illegal or impermissible legend or proprietary drug, medication, or medicinal compound (natural or synthetic) may have been administered to a racing animal. Otherwise, no action shall be taken unless and until the laboratory under contract with the division has properly identified the legend or proprietary drug, medication, or medicinal compound (natural or synthetic) in a sample or specimen collected pursuant to this chapter.

(9) Any licensee who threatens to or interferes with, or fails to allow the taking of urine, blood or other specimens authorized by Chapter 550, F.S., is subject to suspension any disciplinary action authorized by Chapter 550, F.S., or the rules promulgated thereunder by the stewards or judges of the meet and to action by the division. The stewards or judges shall refer any such incident to the division for review.

Rulemaking Authority 120.80(4)(a), 550.0251(3), 550.2415(1)(a), (12), (8)(e), (9)(c), (13) FS. Law Implemented 120.80(4)(a), 550.0251, 550.1155, 550.2415 FS. History–New 10-20-96, Amended 12-15-97, 11-19-01, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jonathan R. Zachem, Director, Division of Pari-Mutuel Wagering

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 4, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 25, 2014