1. (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 its body. Any reference to a Commission within the incorporated document in subsection (2) of this rule is not applicable as the State of Florida has not established a racing commission.
2. (2) The Division hereby incorporates by reference the classification system for drugs and substances and corresponding penalty schedule in the Uniform Classification Guidelines for Foreign Substances, version 8.0, revised December 2014, by the Association of Racing Commissioners International, Inc. (the “Classification and Penalty Guidelines”). An electronic copy is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-10818" https://www.flrules.org/Gateway/reference.asp?No=Ref-10818.
3. (3) The penalties corresponding to the drug or medication classification, as provided in the incorporated Classification and Penalty Guidelines, shall be imposed when a horse has been impermissibly medicated or determined to have a prohibited substance present in its body in violation of Section 550.2415, F.S.

4. (4) The presence of more than one Non Steroidal Anti-Inflammatory Drug (NSAID) constitutes an NSAID stacking violation under the following conditions:

   1. (a) A Class 1 NSAID Stacking Violation (Penalty Class B) occurs when:

      1. Two non-steroidal anti-inflammatory drugs are found at individual levels determined to exceed the following restrictions:

      a. Diclofenac – 5 nanograms per milliliter of plasma or serum;

      b. Firocoxib – 20 nanograms per milliliter of plasma or serum;

      c. Flunixin – 20 nanograms per milliliter of plasma or serum;

      d. Ketoprofen – 2 nanograms per milliliter of plasma or serum;

      e. Phenylbutazone – 2 micrograms per milliliter of plasma or serum; or

      f. All other non-steroidal anti-inflammatory drugs – any and all findings above zero.

      2. Three or more non-steroidal anti-inflammatory drugs are found at individual levels determined to exceed the following restrictions:

      a. Diclofenac – 5 nanograms per milliliter of plasma or serum;

      b. Firocoxib – 20 nanograms per milliliter of plasma or serum;

      c. Flunixin – 3 nanograms per milliliter of plasma or serum;

      d. Ketoprofen – 1 nanograms per milliliter of plasma or serum;

      e. Phenylbutazone – 0.3 micrograms per milliliter of plasma or serum; or

      f. All other non-steroidal anti-inflammatory drugs – any and all findings above zero.

   2. (b) A Class 2 NSAID Stacking Violation (Penalty Class C) occurs when:

      1. Any one substance noted in Subsection (a)1. above is found in excess of the restrictions contained therein in combination with any one of the following substances at levels below the restrictions so noted but in excess of the following levels:

      a. Flunixin – 3.0 nanograms per milliliter of plasma or serum;

      b. Ketoprofen – 1 nanogram per milliliter of plasma or serum; or

      c. Phenylbutazone – 0.3 micrograms per milliliter of plasma or serum;

   3. (c) A Class 3 NSAID Stacking Violation (Penalty Class C, fines only) occurs when:

      1. Any combination of two of the following non-steroidal anti-inflammatory drugs are found at or below the restrictions in subparagraphs (a)1.a.-e. above but in excess of the noted restrictions:

      a. Flunixin – 3 nanograms per milliliter of plasma or serum;

      b. Ketoprofen – 1 nanogram per milliliter of plasma or serum; or

      c. Phenylbutazone – 0.3 micrograms per milliliter of plasma or serum.

5. (5) The Division shall consider the following mitigating or aggravating factors to deviate from the penalties provided by the Classification and Penalty Guidelines:

   1. (a) The impact of the offense to the integrity of the pari-mutuel industry.
   2. (b) The danger to the public and/or racing animals.
   3. (c) The number and date of prior violations of any penalty class in Florida and any other jurisdiction.
   4. (d) The number of similar prior offenses.
   5. (e) The time period between offenses.
   6. (f) The number of complaints filed against the licensee, which have resulted in prior discipline.
   7. (g) The length of time the licensee has been licensed in Florida or any other jurisdiction.
6. (6) An owner or trainer, who fails to return the purse, sweepstakes, and trophy to the original distributor as required by final order, is in violation of this rule and shall be subject to further administrative action.
7. (7) If a penalty within the Classification and Penalty Guidelines 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.

Rulemaking Authority 550.0251(3), 550.2415(7), (12) FS. Law Implemented 550.0251, 550.2415 FS. History–New 1-5-98, Amended 2-8-01, 3-4-07, 6-26-11, 1-10-16, 9-5-18, 8-29-19, Formerly 61D-6.011.