Penalty Guidelines for Class I-V Drug Violations in Horses

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Pari-Mutuel Wagering

RULE NO.:RULE TITLE:

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

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 44 No. 22, February 1, 2018 issue of the Florida Administrative Register.

 

61D-6.011 Drug Classification System and Penalty Schedule for Horse Trainers and Owners Penalty Guidelines for Class I-V Drug Violations in Horses.

(1) The purpose of this rule is to designate and classify prohibited substances and the corresponding penalties that the Division shall impose upon a finding that a horse participated in a race while impermissibly medicated or with a prohibited substance present in their body. Nothing hereunder modifies the provisions of Rule 61D-6.008, Rule 61D-3.002, F.A.C., or rules promulgated under Section 550.2415, F.S. The State of Florida has not established a Racing Commission. Any reference to a Commission within the incorporated document in subsection (2) of this rule is not applicable. The list of Drugs/Substances and associated Trade Names, Drug Class, and Penalty Class contained in the “Alphabetical Substance List” in the Uniform Classification Guidelines for Foreign Substances, Version 8.0, revised December 2014, by the Association of Racing Commissioners International, Inc., is hereby incorporated by reference.  An electronic copy is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.
(2) In accordance with Section 550.2415, F.S., the Uniform Classification Guidelines for Foreign Substances, version 8.0, revised December 2014, by the Association of Racing Commissioners International, Inc., is hereby incorporated by reference. An electronic copy is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06400. The penalty for a violation of Section 550.2415, Florida Statutes, for impermissibly medicating a racing horse, or the finding of a prohibited substance in a racing horse, shall be based on the following penalty schedule and consideration of, if any, mitigating or aggravating factors:
(a) Penalty Class A substances:
1. First violation	Suspension – Minimum of one-year absent mitigating factors, maximum of three-years based on aggravating factors; and Fine – Minimum of $10,000 or 10% of the total purse, whichever is greater, absent mitigating factors.  The presence of aggravating factors may be used to impose a maximum fine of 25% of the total purse.
2. Second violation	Suspension – Minimum of three-years absent mitigating factors, maximum of license revocation and ineligibility to reapply for a three-year period based on aggravating factors; and Fine – Minimum of $10,000 or 25% of the total purse, whichever is greater, absent mitigating factors.  The presence of aggravating factors may be used to impose a maximum fine of 50% of the total purse.
3. Third or subsequent violation	Suspension – Minimum of five-years absent mitigating factors, maximum of license revocation and ineligibility to reapply for a five-year period based on aggravating factors; and Fine – Minimum of $10,000 or 50% of total purse, whichever is greater, absent mitigating factors.  The presence of aggravating factors may be used to impose a maximum fine of 100% of the total purse.
(b) Penalty Class B substances, and for the presence of more than one NSAID if prohibited as provided in Rule 61D-6.008(3), Florida Administrative Code:
1. First violation	Suspension – Minimum of fifteen days absent mitigating factors, maximum of sixty days based on aggravating factors; and Fine – Minimum of $500 absent mitigating factors.  The presence of aggravating factors may be used to impose a maximum fine of $1,000.
2. Second violation	Suspension – Minimum of thirty days absent mitigating factors, maximum of one hundred eighty days based on aggravating factors; and Fine – Minimum of $1,000 absent mitigating factors.  The presence of aggravating factors may be used to impose a maximum fine of $2,500.
3. Third or subsequent violation	Suspension – Minimum of sixty days absent mitigating factors, maximum of one-year based on aggravating factors; and Fine – Minimum of $2,500 absent mitigating factors.  The presence of aggravating factors may be used to impose a maximum fine of $5,000 or 5% of the total purse, whichever is greater.
(c) Penalty Class C substances:
1. First violation	Minimum fine of $1,000 absent mitigating circumstances;
2. Second violation	Minimum fine of $1,500 and fifteen day suspension absent mitigating circumstances;
3. Third or subsequent violation	Minimum fine of $2,500 and thirty day suspension absent mitigating circumstances.
(d) Penalty Class D substances, impermissible amounts of NSAIDs as provided in Rule 61D-6.008(3), Florida Administrative Code, and penalties for Furosemide found at a concentration greater than 100 ng/ml of serum or plasama or no furosemide when identified as having been administrered:
1. First violation	Minimum of a written warning to a maximum fine of $500;
2. Second violation	Minimum of a written warning to a maximum fine of $750;
3. Third or subsequent violation	Minimum fine of $500 to a maximum fine of $1,000.

 

(3) The penalties corresponding to the classification of a substance, provided by the incorporated document in subsection (2) of this rule, shall be imposed when the presence or a specific amount of a substance is identified in a urine or blood specimen in violation of Division rule or Florida Statutes. Penalties shall be imposed against racing horse trainers, pursuant to Rule 61D-6.002(1), F.A.C., and against the purse, sweepstakes, and trophy received by racing horse owners or trainers, pursuant to Section 550.2415(3)(a), F.S. Substances or drugs not included in the “Alphabetical Substance List” incorporated by reference in subsection (1) are treated as Penalty Class A substances.  This subsection does not apply to the list of “Non-Classified Substances” contained in the Uniform Classification Guidelines for Foreign Substances, Version 8.0, revised December 2014, by the Association of Racing Commissioners International, Inc., is hereby incorporated by reference.  An electronic copy is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.

(4) The Division shall may consider relevant mitigation or aggravation to deviate from the penalties provided by the incorporated document in subsection (2) of this rule these penalty guidelines. Circumstances to which may be considered for the purposes of mitigation or aggravation of any penalty shall include the following:

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

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

(c) The number and date of prior violations of any penalty class in Florida and any other jurisdiction.

(d) The number of similar prior repetitions of offenses.

(e) The time periods between offenses.

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

(g) The length of time the licensee or permitholder has been licensed in Florida or any other jurisdiction practiced.

(h) The deterrent effect of the penalty imposed.

(i) Any efforts at rehabilitation.

(i)(j) Any other relevant mitigating or aggravating circumstances identified by the Division.

(5) A violation of Section 550.2415, Florida Statutes, shall may require the full or partial return of the purse, sweepstakes, and trophy prize, or award earned by the horse in the race at issue. The amount of the purse, prize, or sweepstakes award required to be returned will be based on the penalty class of the found substance found and any the mitigating and aggravating factors in subsection (4) of this rule. An owner or trainer, who fails to return the purse, sweepstakes, and trophy prize, or award to the original distributor for redistribution within 60 days of the order, is in violation of this rule and shall may be subject to further administrative action.

(6) If a penalty within subsection (2) of this rule provides for a sanction in excess of the limitation contained in Section 550.2415(3)(a), F.S., the sanction imposed shall be reduced to an amount that does not exceed the statutory maximum limit. 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, 550.105(7), 550.2415 FS. History–New 1-5-98, Amended 2-8-01, 3-4-07, 6-26-11, 1-10-16,                        .