Where is The Protection
This topic is a little old but relevant in the scope of what is being voted on in November. The two “factions” in this fight had “protection” legislature where both failed. I will post both below and leave the reader to decide which one had “protection” for the greyhounds in it.
Florida Senate - 2015 CS for SB 2 By the Committee on Fiscal Policy; and Senators Sobel, Gaetz, Clemens, Richter, Sachs, and Simmons 594-01707A-15 20152c1 1 A bill to be entitled 2 An act relating to greyhound racing injuries; 3 providing a short title; creating s. 550.2416, F.S.; 4 requiring injuries to racing greyhounds to be reported 5 on a form adopted by the Division of Pari-mutuel 6 Wagering in the Department of Business and 7 Professional Regulation within a certain timeframe; 8 specifying the information that must be included in 9 the form; requiring the division to maintain the forms 10 as public records for a specified time; specifying 11 disciplinary action that may be taken against a 12 licensee of the department who fails to report an 13 injury or who makes false statements on an injury 14 form; exempting injuries to certain animals from 15 reporting requirements; requiring the division to 16 adopt rules; providing an appropriation; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. This act may be cited as the “Victoria Q. Gaetz 22 Racing Greyhound Protection Act.” 23 Section 2. Section 550.2416, Florida Statutes, is created 24 to read: 25 550.2416 Reporting of racing greyhound injuries.— 26 (1) An injury to a racing greyhound which occurs while the 27 greyhound is located in this state must be reported on a form 28 adopted by the division within 7 days after the date on which 29 the injury occurred or is believed to have occurred. 30 (2) The form shall be completed and signed under oath or 31 affirmation under penalty of perjury by the: 32 (a) Racetrack veterinarian, if the injury occurred at the 33 racetrack facility; or 34 (b) Owner, trainer, or kennel operator who had knowledge of 35 the injury, if the injury occurred at a location other than the 36 racetrack facility, including during transportation. 37 (3) The form must include all of the following: 38 (a) The greyhound’s registered name, right-ear and left- 39 ear tattoo numbers, and, if any, the microchip manufacturer and 40 number. 41 (b) The name, business address, and telephone number of the 42 greyhound owner, the trainer, and the kennel operator. 43 (c) The color, weight, and sex of the greyhound. 44 (d) The specific type and bodily location of the injury, 45 the cause of the injury, and the estimated recovery time from 46 the injury. 47 (e) If the injury occurred when the greyhound was racing: 48 1. The racetrack where the injury occurred; 49 2. The distance, grade, race, and post position of the 50 greyhound when the injury occurred; and 51 3. The weather conditions, time, and track conditions when 52 the injury occurred. 53 (f) If the injury occurred when the greyhound was not 54 racing: 55 1. The location where the injury occurred; and 56 2. The circumstances surrounding the injury. 57 (g) Other information that the division determines is 58 necessary to identify injuries to racing greyhounds in this 59 state. 60 (4) An injury form created pursuant to this section shall 61 be maintained as a public record by the division for at least 7 62 years after the date it was received. 63 (5) A licensee of the department who knowingly makes a 64 false statement concerning an injury or fails to report an 65 injury is subject to disciplinary action under this chapter or 66 chapters 455 and 474. 67 (6) This section does not apply to injuries to a service 68 animal, personal pet, or greyhound that has been adopted as a 69 pet. 70 (7) The division shall adopt rules to implement this 71 section. 72 Section 3. For the 2015-2016 fiscal year, the sums of 73 $57,132 in recurring funds and $5,385 in nonrecurring funds from 74 the Pari-mutuel Wagering Trust Fund are appropriated to the 75 Division of Pari-mutuel Wagering within the Department of 76 Business and Professional Regulation, and one full-time 77 equivalent position with associated salary rate of 34,220 is 78 authorized for the purpose of implementing this act. 79 Section 4. This act shall take effect July 1, 2015.
Florida Senate - 2015 SB 262 By Senator Smith 31-00129A-15 2015262__ 1 A bill to be entitled 2 An act relating to racing animals; providing a short 3 title; amending s. 550.2415, F.S.; revising the 4 prohibition on the use of medication or drugs on 5 animals; revising the penalties for such use; 6 prohibiting the Division of Pari-mutuel Wagering 7 within the Department of Business and Professional 8 Regulation from granting a license or permit to 9 applicants with a prior conviction of animal cruelty; 10 requiring the division to immediately revoke a license 11 or permit of a person found guilty of animal cruelty 12 subsequent to obtaining the license or permit; 13 prohibiting the division from granting a license or 14 permit to applicants with a prior conviction of 15 aggravated assault or battery or child abuse; revising 16 procedures for testing animals for medication or 17 drugs; requiring certain laboratories to participate 18 in a quality assurance program; requiring the 19 administrator of such program to report results and 20 findings; requiring the division to maintain records 21 of greyhounds injured while racing; providing for the 22 content of such records; establishing a fine for 23 making false statements on injury records; requiring 24 the division to adopt rules; providing an effective 25 date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. This act may be cited as the “Greyhound Safety 30 Act.” 31 Section 2. Paragraph (a) of subsection (1) and subsections 32 (3) through (5) of section 550.2415, Florida Statutes, are 33 amended, and paragraphs (f), (g), and (h) are added to 34 subsection (6) of that section, to read: 35 550.2415 Racing of animals under certain conditions 36 prohibited; penalties; exceptions.— 37 (1)(a) The racing of an animal that has been impermissibly 38 medicated or drugged
with any drug, medication, stimulant,39 depressant, hypnotic, narcotic, local anesthetic, or drug40 masking agentis prohibited. It is a violation of this section 41 for a person to impermissibly medicate or drug an animal 42 resulting administer or cause to be administered any drug,43 medication, stimulant, depressant, hypnotic, narcotic, local44 anesthetic, or drug-masking agent to an animal which will result45 in a positive test for a prohibited suchsubstance based on 46 samples taken from the animal immediatelyprior to or 47 immediately after the racing of that animal. Test results and 48 the identities of the animals being tested and of their trainers 49 and owners of record are confidential and exempt from s. 50 119.07(1) and from s. 24(a), Art. I of the State Constitution 51 for 10 days after testing of all samples collected on a 52 particular day has been completed and any positive test results 53 derived from such samples have been reported to the director of 54 the division or administrative action has been commenced. 55 (3)(a) Upon the finding of a violation of this section, the 56 division may revoke or suspend the license or permit of the 57 violator or deny a license or permit to the violator; impose a 58 fine against the violator in an amount not exceeding the purse 59 or sweepstakes earned by the animal in the race at issue or 60 $10,000, whichever is greater $5,000; require the full or 61 partial return of the purse, sweepstakes, and trophy of the race 62 at issue; or impose against the violator any combination of such 63 penalties. The finding of a violation of this section does not 64 prohibit in no way prohibitsa prosecution for criminal acts 65 committed. 66 (b) The division, notwithstanding the provisions of chapter 67 120, may summarily suspend the license of an occupational 68 licensee responsible under this section or division rule for the 69 condition of a race animal if the division laboratory reports 70 the presence of a prohibited an impermissiblesubstance in the 71 animal or its blood, urine, saliva, or any other bodily fluid, 72 either before a race in which the animal is entered or after a 73 race the animal has run. 74 (c) The division may not grant a license or permit to an 75 applicant who has been convicted of animal cruelty pursuant to 76 s. 828.12 and shall immediately revoke a license or permit of a 77 person found guilty of violating s. 828.12 subsequent to 78 obtaining a license or permit under this chapter. 79 (d) The division may not grant a license or permit to an 80 applicant who has been convicted of a felony for aggravated 81 assault or battery pursuant to chapter 784 or a felony for the 82 abuse of a child pursuant to chapter 827. 83 (e) (c)If an occupational licensee is summarily suspended 84 under this section, the division shall offer the licensee a 85 prompt postsuspension hearing within 72 hours, at which the 86 division shall produce the laboratory report and documentation 87 which, on its face, establishes the responsibility of the 88 occupational licensee. Upon production of the documentation, the 89 occupational licensee has the burden of proving his or her lack 90 of responsibility. 91 (f) (d)Any proceeding for administrative action against a 92 licensee or permittee, other than a proceeding under paragraph 93 (e) (c), shall be conducted in compliance with chapter 120. 94 (4) A prosecution pursuant to this section for a violation 95 of this section must be commenced within 180 days 2 yearsafter 96 the violation was committed. Service of an administrative 97 complaint marks the commencement of administrative action. 98 (5) The division shall implement a split-sample procedure 99 for testing animals under this section. Using the split-sample 100 procedure, the division shall split each urine and blood sample 101 into a primary sample and a secondary (split) sample upon 102 collection. The division shall transfer custody of the primary 103 sample to the division laboratory and shall retain custody of 104 the split sample, except as provided in this subsection. 105 (a) Upon finding a positive drug test result,The division 106 departmentshall notify the owner or trainer, the stewards, and 107 the appropriate horsemen’s association of all drug test the108 results. If a drug test result is positive The owner may request109 that each urine and blood sample be split into a primary sample110 and a secondary (split) sample. Such splitting must be111 accomplished in the laboratory under rules approved by the112 division. Custody of both samples must remain with the division.113 However, and upon request by the affected trainer or owner of 114 the animal from which the sample was obtained, the division 115 shall send the split sample to an approved independent 116 laboratory for analysis. The division shall establish standards 117 and rules for uniform enforcement and shall maintain a list of 118 at least five approved independent laboratories for an owner or 119 trainer to select from in the event of a positive test result 120 sample. 121 (b) If the division statelaboratory’s findings are not 122 confirmed by the independent laboratory, no further 123 administrative or disciplinary action under this section may be 124 pursued. The division may adopt rules identifying substances 125 that diminish in a blood or urine sample due to passage of time 126 and that must be taken into account in applying this section. 127 (c) If the independent laboratory confirms the division 128 statelaboratory’s positive result, or if there is an129 insufficient quantity of the secondary (split) sample for130 confirmation of the state laboratory’s positive result,the 131 division may commence administrative proceedings as prescribed 132 in this chapter and consistent with chapter 120. For purposes of 133 this subsection, the department shall in good faith attempt to 134 obtain a sufficient quantity of the test fluid to allow both a 135 primary test and a secondary test to be made. If there is an 136 insufficient quantity of the split sample for confirmation of 137 the division laboratory’s positive result, the division may not 138 take further administrative or disciplinary action against the 139 owner or trainer, and any license suspension as a consequence of 140 the positive result must be immediately lifted. 141 (d) The division shall require its laboratory and the 142 independent laboratories to annually participate in an 143 externally administered quality assurance program designed to 144 assess testing proficiency and accuracy in the detection and 145 appropriate quantification of medications, drugs, and naturally 146 occurring substances that may be administered to racing animals. 147 The administrator of the quality assurance program shall report 148 its results and findings to the division. 149 (6) 150 (f)1. The division shall maintain records of injuries that 151 a greyhound sustains while racing at a greyhound track in this 152 state, including injuries incurred during a schooling race. The 153 record must include all of the following: 154 a. The greyhound’s registered name, right-ear and left-ear 155 tattoo numbers, and, if any, the microchip manufacturer and 156 number. 157 b. The name, business address, and telephone number of the 158 greyhound owner, the trainer, and the kennel operator. 159 c. The color, weight, and sex of the greyhound. 160 d. The location where the injury occurred. 161 e. If the injury occurred during a race, the racetrack 162 where the injury occurred, the condition of the racetrack, and 163 the distance, the grade, the race, and the post position of the 164 greyhound when the injury occurred. 165 f. The time and weather conditions at the facility when the 166 injury occurred. 167 g. The specific type and bodily location of the injury, the 168 cause of the injury, and the estimated recovery time from the 169 injury. 170 2. An injury record shall be completed and signed under 171 oath or affirmation under penalty of perjury by the racetrack 172 veterinarian, whose signature must be witnessed by a designated 173 representative of the division. 174 3. The division shall maintain an injury record for 7 years 175 after the injury occurred, and such records shall be made 176 readily available during this time to the public upon oral or 177 written request to the division. 178 4. A person who knowingly makes a false statement on an 179 injury record is subject to a fine of up to $1,500. A subsequent 180 violation of this subparagraph results in a fine of at least 181 $3,000. 182 (g) A dogracing permitholder operating in this state must: 183 1. Maintain its facility in a manner that provides for the 184 safety of racing greyhounds; 185 2. Maintain a safe racetrack surface at all times pursuant 186 to the safety standards adopted by the division; 187 3. Install a safety device to remove the lure from the 188 racetrack surface; and 189 4. Insulate all exposed electrical wires on the racetrack 190 surface or anywhere at the facility where a racing greyhound may 191 come into contact with electrical wires. 192 (h) The division shall adopt by rule safety standards 193 relating to racetrack surfaces. 194 Section 3. This act shall take effect July 1, 2015.