24570699, 61DER21-3 - Florida Administrative Rules, Law, Code, Register

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Notice: 24570699

Notice of Emergency Rule

Department:

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division:

Division of Pari-Mutuel Wagering

Overview

RULE:

61DER21-3

Testing Methodologies; Measurement Uncertainties; Screening Limits

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The Division of Pari-Mutuel Wagering (“Division”) is statutorily mandated to test for and prosecute the use of prohibited levels of permitted substances and of prohibited medications and substances which can cause injury or death to racing horses as well as compromise the integrity of the races conducted. On February 25, 2021, the Division received a 30-day notice letter alleging that an unadopted rule challenge would be filed for the Division’s alleged failure to promulgate testing methodologies and measurement uncertainties for the testing of biological specimens collected from racing horses. Although the Division rejects the allegation that it has failed to comply with statute by promulgating testing methodologies and measurement uncertainties, the Division believes that the immediate promulgation of an emergency rule that provides clarification as to the University of Florida Racing Laboratory’s testing methodologies and measurement uncertainties is necessary to ensure the continued safety of racing horses and the integrity of the racing industry. 
Emergency Rule 61DER21-2 was adopted and took effect on March 4, 2021. On March 29, 2021, the Division published the Notice of Proposed Rule 61D-6.007 in an effort to provide clarification as to the University of Florida’s Racing Laboratory’s testing methodologies and measurement uncertainties. On April 13, 2021, a rule challenge to Proposed Rule 61D-6.007 was filed. 
On May 10, 2021, a challenge to Emergency Rule 61DER21-2 was filed. In direct response to this challenge, the Division is filing this new emergency rule text to address specific concerns and provide further clarification sought by members of the industry. Emergency Rule 61DER21-3 supersedes and replaces Emergency Rule 61DER21-2.
An immediate danger exists which requires emergency action by the Division in order to protect the health, safety, and welfare of the numerous racing animals scheduled to perform in the immediate future. At this time, there are multiple performances scheduled through the end of June. Additionally, without this emergency rule there would be an immediate danger to the wagering public and the integrity of pari-mutuel horse racing which the Division is mandated by Chapter 550, F.S., to regulate.
Based on the fact that there are performances scheduled, the Division fears an immediate danger to the health, safety, and welfare of racing animals, the wagering public and the integrity of racing as a whole will exist without this emergency rule.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The procedure used to adopt this emergency rule is fair under the circumstances. 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.
	In addition, this emergency rule addresses the specific concerns identified by members of the horseracing industry. As such, the Division is only taking action necessary to protect the public under the procedure used to adopt this emergency rule.

SUMMARY:

Emergency Rule 61DER21-3, F.A.C., prescribes the testing methodologies and measurement uncertainties applicable to the testing of biological specimens sent to the University of Florida Racing Laboratory for analysis as well as clarifying when these testing methodologies and measurement uncertainties apply. These changes address specific concerns identified by the pari-mutuel industry and are a valid exercise of delegated legislative authority.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Bryan Barber, Division of Pari-Mutuel Wagering, bryan.barber@myfloridalicense.com, 2601 Blair Stone Rd., Tallahassee, FL 32399, (850)717-1761.

PRINT PUBLISH DATE:

5/21/2021 Vol. 47/99

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=61DER21-3&PDate=5/21/2021&Section=4

REFERENCE MATERIALS:

No reference(s).

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