Subject


The procedure used to adopt this emergency rule is fair under the circumstances because following the Final Order the Division is left without a rule in place to penalize trainers for the administration of prohibited substances and/or concentrations of drugs in racing greyhounds. The Division is statutorily mandated to protect racing animals. It is essential to ensure as soon as possible that protections are in place to prevent trainers from administering prohibited substances and/or concentrations of drugs that would seriously compromise the health, safety, and/or welfare of racing greyhounds. The Division has determined that this emergency rule will not have an adverse impact on small business and is not likely to directly or indirectly increase regulatory costs. Furthermore, the procedure used to adopt this emergency rule provides at least the procedural protection given by other statutes, the State Constitution, or the United States Constitution. The Division intends to engage in formal rulemaking and has contemporaneously filed Notices of Rule Development for Rules 61D-6.007 and 61D-6.012, Florida Administrative Code. This emergency rule shall only be effective while the Division follows the requirements of Chapter 120, Florida Statutes, to adopt a formal rule. As such, this emergency rule takes only the action necessary to protect the public interest under the emergency procedure.