Purpose
An Emergency rule is necessary because there exists an immediate danger to the public health, safety and welfare due to a final order concluding that the Division of Pari-Mutuel Wagering’s (“Division”) blood serum sample collection process contains some procedures that qualify as unadopted rules.
On February 7, 2017, the Division of Administrative Hearings issued a recommended order in DOAH case number 16-6423PL, holding that the Division could not rely on evidence obtained through serum sample collection methods provided in Florida Administrative Code, Rule 61D-6.005. On March 24, 2017, the Division issued a Final Order accepting the Findings of Facts and Conclusions of Law contained in the this Recommended Final Order.
An emergency rule is necessary because, without a valid serum sample collection process, the Division would be unable to test for many prohibited substances in racing animals and to take subsequent administrative action in cases where a prohibited substance is found in such an animal. Such substances would include performance enhancing substances, pain numbing substances, and others that could lead to potential injuries or death to both the racing animals or the jockeys riding them. Further, the Division must be able to test for such substances in order to ensure legitimate and fair races and to protect the betting public.
There are over two hundred pari-mutuel horse racing performances scheduled between March 27, and June 30, 2017. Each performance consists of up to eight races. An emergency rule is necessary to ensure the safety and legitimacy of these performances and the welfare of Florida’s pari-mutuel industry in general.