Florida Horse Racing Medication Statute To Change on “Racing of Animals Under Certain Conditions Prohibited: Penalties; Exceptions”

It is likely that, by the deadline of June 2, 2015, Florida Governor Rick Scott will sign House Bill 239 Florida Race Day Medication which will change Chapter 550.2415, Florida Statutes rather dramatically.  Chapter 550.2415 is the “medication statute” under whose direction Florida Thoroughbred horsemen have raced for the last 25 or more years.

Despite the fact it was always up to the Florida Legislature to make any changes to this law,  various industry leaders and organizations have freely shared their opinions about Florida being the major “obstructionist” state to the adoption of national uniform medication rules.  Sadly, I have heard this constantly at Racing Medication and Testing Consortium (RMTC) meetings, rehashed to the point that the Jockey Club sent their Executive Vice President to Florida (twice) to meet with the FHBPA and the track veterinarian.  We worked through a lot of issues, but still had one issue that was never resolved to my satisfaction, which we will touch on later.

Meanwhile, for the past two years, Gulfstream Park, the Florida Thoroughbred Breeders and Owners Association and the Florida Quarter Horse Racing Association (the Florida Chapter of the American Quarter Horse Association) were on board to get legislation passed that would lead to Florida joining the national movement to achieve uniformity in medication rules.  Ultimately, the 2015 Florida Legislature agreed unanimously with HB 239 which passed the House 112-0 and the Senate by a 40-0 vote.

So exactly what changes can we expect if this bill becomes law and goes into effect on July 1, 2015?   Below, I will review the major revisions to Chapter 550.2415 as they occur in HB 239.

First, language has been changed for drug testing from “immediately prior” to “before” the race to permit testing for gene and blood doping, which can only be detected days before a race and then only has about a two-day “window” for detection after administration.

Second, the fine that the Florida Division of Pari-Mutuel Wagering (DPMW) can impose for a drug violation has been increased from $5,000 to “an amount not exceeding the purse or sweepstakes earned by the animal . . . or $10,000 whichever is greater.”

Third, the prosecution for a violation of this statute must begin within “90 days” of the drug test positive.  The old language gave the DPMW two years to commence prosecution for a violation.

Fourth, the DPMW must now notify the “appropriate horsemen’s association” of all positive drug test results.  In these cases, the FHBPA can often explain the horsemen’s rights and assist in choosing a split sample laboratory if necessary.

Fifth, if there is an insufficient quantity for a split sample after the lab has called a positive on the sample, the DPMW can take no further action against the trainer, and the positive is dismissed.  In the past, if there was an insufficient quantity for the split sample, the DPMW could take administrative action against the trainer based solely on the Florida Laboratory’s finding.

Sixth, The DPMW “shall require its laboratory . . . to annually participate in an externally administered quality assurance program (QAP) designed to assess testing proficiency in the detection and appropriate quantification of medications, drugs . . . ”  Results and findings of this QAP shall be sent to the DPMW and the Florida Department of Agriculture.

Seventh, the DPMW shall adopt the Association of Racing Commissioners International (ARCI) Controlled Therapeutic Medication Schedule which, at the time, established thresholds and withdrawal times for 26 medications (which has now grown to 30 medications).  Just about every major racing jurisdiction has adopted these 26 or 30 medications.  The science behind some of thresholds and withdrawal times for these medications is suspect, but for the most part it’s a good start towards national uniformity.

Eighth, the Florida laboratory will now be required to include its measurement uncertainty, or laboratory error, in all quantifications of medications which will greatly reduce the low-level findings of our lab that have led to over 150 bute overages and over 250 clenbuterol positives in the past two years.

Ninth, the DPMW shall adopt any laboratory screening levels approved by the ARCI beyond the 26/30 Controlled Therapeutic  Medications.  If there are none forthcoming from ARCI, Florida could treat these therapeutic medications with zero tolerance testing.

Tenth, prednisolone sodium succinate, better known as Solu-Delta Cortef will no longer be permitted on race day.  Florida was the last state with a legal race day medication beyond Lasix.  We tried to save it, but to no avail.

Eleventh, the statute that permitted testing of ARCI Class IV and V medications only by Thin Layer Chromatography (TLC) that I wrote in 1996 was also deleted from the law by HB 239.   We knew this would be inevitable, but it stood up for 19 years.

Florida Horsemen Thwart Horse Racing Decoupling Amendment; FHBPA President Bill White Calls Out Big Casino Maneuvering

Florida Horsemen Thwart Horse Racing Decoupling Amendment; FHBPA President Bill White Calls Out Big Casino Maneuvering

“The State of Florida’s interest in gambling is to generate tax revenue, not to create the most profitable environment for gaming operations.”–FTBOA General Counsel Warren Husband

It was enough to give even the most experienced horseman a bad case of heartburn.

Reckoning day was April 21, 2015 in Tallahassee as the Florida House of Representatives’ powerful Finance and Tax Committee called roll to prepare for a debate on “decoupling,” with a specific amendment on decoupling horse racing taking dead aim on HB 1233, a massive overhaul of the state policy that could substantially expand Florida’s gambling landscape if enacted.

Florida Horsemen’s Benevolent and Protective Association (FHBPA) President and Calder Hall of Fame veteran Thoroughbred trainer Bill White straightened his tie, squared his shoulders and walked in.

A pantheon of casino industry lobbyists packed the committee room as White took his place at the front, shoulder to shoulder with his somber colleagues from the Florida Quarter Horse Racing Association (FQHRA), Florida Thoroughbred Breeders’ and Owners Association (FTBOA) and Standardbred interests.  Together, they faced a gallery of legislators preparing to decide on the amendment to “decouple” horse racing from other forms of gambling in Florida.  The fate of horsemen–the trainers, owners and breeders who drive the lucrative horse racing business in the Sunshine State–hung in the balance.

“The State of Florida’s interest in gambling is to generate tax revenue, not to create the most profitable environment for gaming operations,” FTBOA General Counsel Warren Husband explained to legislators.   With 25,000 horses annually engaged in the business of Florida racing or breeding, the biggest economic impact is gained through ensuring adequate racing days, he added.

But in an age of “less government,” the concept of “decoupling” has become the rallying cry of casino operators seeking to rid themselves of horse racing altogether.  As White  listened to their impassioned arguments calling for “fairness” and “leveling the playing field” by leaving it up to pari-mutuel permitholders as to whether to conduct live racing or not, he wondered if legislators were aware of the many livelihoods and small businesses at stake.

He thought of the many faces of FHBPA members who were even now working on the backstretch as he jotted notes to himself far away in Tallahassee, readying himself for the trial by fire at hand.  Just one month into his new role as FHBPA President, the frustration of hearing horse racing trivialized over and over again as unremarkable collateral damage by those who may have never even seen a racetrack welled up in him as he strode to the podium when he was finally called to speak.

Right off the bat, White set the record straight on who the 6,000 FHBPA members are.  “We are the real deal as far as the horse owners who put up the money and the trainers’ small businesses who do the work,” he established.

The actual leveling of the playing field, was done by voters, who approved slots in 2004 to ensure that Florida horse racing could continue to compete with northern tracks already flush with casino money that was luring the best horsemen away from the state, he explained.  Stand-alone casinos were never the intent.

“Slots are here in Florida because of horse racing,” FQHRA Executive Director Steve Fisch said during his testimony.  “(Slots were) not a plan to race a few years, drop racing and then just have slots . . . a fair deal is a two-way street.”

Delivering a powerful punch to casino-only interests in his closing, White called out their presumptuousness in assuming the Florida Legislature would simply cave to special interests and ignore horsemen’s needs.

“Right now, whether you know it or not–even before decoupling might happen, Churchill Downs is tearing down the barns at Calder in anticipation that it will happen.  Horses have been displaced and even put in tents.  It’s been a real hardship.”  White fired his parting salvo:  ” . . . as a horseman who has invested my life in this game, I find this action insulting that an entity would take it upon themselves to do this before the Legislature has even acted.”

The horsemen’s strong unified presence paid off with the defeat of the horse racing decoupling amendment.  And although the greyhound-related decoupling provisions of HB 1233 passed that day, the clock ran out as the 2015 Legislative Session came to a contentious close just over a week later.

“We still have plenty of work to do,” he reminded FHBPA Board members as he gave his report upon coming back home to South Florida.  “I am urging horsemen to take all necessary steps to make your presence known to your Senators and State Representatives.  Your involvement is crucial.”

With the call of a Special Session anticipated this week for legislators to pass a state budget after they were unable to do so during the regularly scheduled Session, the general consensus is that gaming issues will likely not be on the agenda.  However, horsemen are urged to stay vigilant in the event that HB 1233 surfaces during the anticipated June 1 through June 20 Special Session time period.

To view the entire hearing, click HERE.  White’s testimony begins at minute mark 30:20.

“Gretna 5.0” Gambling Creep Could Come To Debary, Florida

Debary City Council to Take Up Proposed “Land Use Change” on May 6 Agenda

May 6, 2015–Carrying with it the suspected possibility of continuing the recent gambling creep in Florida via unsanctioned horse-related events, a “land use change” that professional Florida horsemen fear could actually be “Gretna 5.0” is on the Debary City Council agenda today.

Representing Thoroughbred and accredited Quarter Horse racehorse owners, trainers and breeders statewide, Florida Horsemen’s Benevolent and Protective Association President Bill White and Vice President Tom Cannell will be on hand to appear before the Debary City Council in Volusia County with the hope of conveying the devastating toll taken on Florida’s lucrative horse racing industry by spurious horse events posing as fronts for cardrooms and even slot machines.

“A real horse racing meet requires thousands of horses and nearly three times the employees to care for them,” White explained.  “We are highly concerned that the connections of Debary Real Estate Holdings are not planning to hold real horse racing.   Unfortunately, without ensuring legitimate racing operations from the outset of the proposed project, the Debary and Volusia County economy will not ever be able to realize the far-reaching commensurate benefits that real horse racing and breeding can bring.”

The Florida Quarter Horse Racing Association, the only organization that can sanction legitimate Quarter Horse racing in Florida, confirmed that it has not been contacted by Debary Real Estate Holdings, which has direct connections to Gretna Racing, Inc., the same pari-mutuel permitholder that attempted to legalize “pari-mutuel barrel racing.”

“The proposal behind today’s ‘land use change’ request will not bring more jobs, more green space, more economic impact or more revenue without accredited horse racing,” White explained.  “For each spurious pari-mutuel permit that is allowed to operate, Florida forfeits a large piece of its horse racing industry at a critical time when the need to create jobs is at its most urgent.”

To access the May 6 Debary City Council agenda, click here.

Recent news coverage by Mark Harper of the Daytona Beach News-Journal on the Debary Real Estate Holdings issue:

Media Inquiries Please Contact Kent Stirling at (305) 625-4591 or Bill White at (954) 303-5448

 

Florida Horsemen’s New President Bill White: A Lifetime of Teaching, Coaching, Training Success Prepared Him To Lead FHBPA During Uncertain Times

Florida Horse Racing Thoroughbred Trainer Bill White is President of the Florida Horsemen FHBPA

Florida HBPA President Bill White (left) and Thoroughbred owner Jack Roberts

There must be something to that teacher/high school sports coach connection when it comes to training racehorses.  It’s served superstar horseman D. Wayne Lukas quite well and it’s also been the platform from which South Florida Thoroughbred conditioner Bill White has reached the mythical 2,000 win milestone, garnering 18 training titles along the way, from Tropical Park, to Hialeah Park–with eight consecutive years leading the trainer standings at Calder Race Course.

During his career, White has found that, like teaching, great coaching requires a love of seeing others succeed:  Helping kids, and even horses find their own definition of success. Having patience with his charges, while holding them accountable for playing their position on the team.

Now White, 62, has added a different kind of player to his coaching repertoire:  Horsemen.

On March 26, 2015, he was elected President of the Florida Horsemen’s Benevolent and Protective Association, a statewide organization of some 6,000 Thoroughbred racehorse owners and trainers who do business in Florida–some full-time, others part-time.  He will serve a one-year term, during which he plans to focus on Florida’s tenacious regulatory and legislative landscape, a veritable quagmire for horsemen recently as pari-mutuel permitholders, under pressure from Big Gaming entities, seek to “decouple”–that is, untether the legal requirement to conduct live racing in order to continue slot machine and card room operations.

While some would run from shouldering such a tough job, especially given the notoriously headstrong nature of horsemen, and even legislators, who are usually independent, self-made and highly opinionated, White is up to the task and on the muscle to effect lasting change.

Florida Horse Racing

FHBPA President Bill White with Mari George, Indianapolis Speedway Owner

During his first month in office as FHBPA President, he has curtailed his training business to give his all to Florida’s horsemen.  Several times a week, White walks the barns at Gulfstream and Calder, visiting with horsemen to get their thoughts and suggestions on issues, challenges and goals.  He is aggressively pursuing an upgrade and modernization of FHBPA communications, operations and accounting, while already having flown back and forth several times to Tallahassee to testify before various legislative committees, ensuring horsemen’s positions were held firm amid the tumultuous and historic 2015 Session that ended May 1.  It has been a grueling schedule, but he expected nothing less when he volunteered for the job.

Originally from Chicago, Illinois, White moved to Largo, Florida in 1968. After earning his Masters Degree in Special Education from University of South Florida, he taught in Sarasota public schools for six years, while coaching high school baseball at Booker High School.

“The team was winless when I took over.  Three years later, we were district champions,” White recalls.

His grandfather, Lawrence Adolfie, a Thoroughbred owner in Southern Illinois, was the source of his love for horse racing as a young boy.  While still teaching and supplementing his meager income by shoeing horses on the weekends, White was given an opportunity by owner Burton Butker to train at Tampa Bay Downs in 1983.  After a few starts, he had his first winner–a filly named Satu.

“I actually called in sick to school to get the day off so I could ship my filly in from a farm in Sarasota,” he remembers.  “I was so proud of myself that I showed the principal the win picture, completely forgetting I had called in sick!”

White soon resigned from teaching, spending his first three years after that at Tampa Bay Downs in the winter, and then training at Finger Lakes, River Downs and Atlantic City in the summer.  In 1986, he began training full-time in South Florida.

With years logged in service on the FHBPA Board throughout the past decades, White has learned a great deal about the organization.

“I feel that because of my long experience in racing in South Florida I can have a positive influence,” he said.  “It is my goal to create a spirit of unity between the FHBPA, the breeders and Gulfstream Park as we all face an uncertain future.”

White and his wife, Laura, have been married since 1976.   They have two grown children, Lindsey and Jake.

Read News Coverage of Bill White’s Recent Election on @BloodHorse:  http://www.bloodhorse.com/horse-racing/articles/91099/white-elected-president-of-florida-hbpa

Paulick Report Videos Reveal Florida’s Dirty Parimutuel Secret–Phony Horse “Racing”

Paulick Report Videos of South Marion Real Estate Holdings Oxford Downs

 

Paulick Report publisher Ray Paulick and his crew visited the latest Florida phony horse racing venue, South Marion Real Estate Holdings’ “Oxford Downs” yesterday, July 1, 2014.

The slate of videos they returned with was nothing short of shocking . . . take your pick below!   We especially enjoyed how the Oxford Downs “staff” (complete with child holding 5-iron) had to call for reinforcements upon Ray’s arrival at the “front gate!”

Despite Florida Horsemen’s Written Complaint and Court Rulings, Regulators Approve More Phony Marion County Horse “Races” Today

Despite related court rulings and a written complaint filed with the Florida Division of Pari-Mutuel Wagering by the United Florida Horsemen about the blatant misuse of a pari-mutuel permit issued to “South Marion Real Estate Holdings,” horse-based competitions are nevertheless scheduled to take place at the permitholder’s facility (known as “Oxford Downs”) today, July 1, 2014.

Billed as legitimate horse races, the two-horse competitions are essentially a mockery of actual horse racing, and have raised deep concern about animal welfare and regulatory standards among Florida’s horse racing owners, trainers and breeders.

“We, and our many members, are appalled by the continuing disrespect and disregard for well-established industry standards and practices by a few businessmen looking for a shortcut to poker room profits,” the United Florida Horsemen wrote to Florida Division of Pari-Mutuel Wagering Director Leon Biegalski in its May 27, 2014 complaint, to which no response has been received to date.

To read the entire United Florida Horsemen complaint, click here.

Critically, the “Oxford Downs” horse competitions are designed to sharply curtail horsemen’s participation, so as to presumably limit the positive economic activity that would normally be generated by thousands of horses and their caretakers present at a normal race meeting—creating jobs and strengthening Florida’s economy, but removing gambling profits from “Oxford Downs’” bottom line.

“These charades would almost be comical if they didn’t have such a corrosive effect on the integrity and viability of our industries and if they didn’t result in lost jobs and livelihoods—not to mention the negative impact they have on the basic character of the pari-mutuel industry in Florida . . . “the United Florida Horsemen wrote, referring to the horse racing industry’s annual billion-dollar economic impact.

The United Florida Horsemen include the Florida Horsemen’s Benevolent and Protective Association, the Florida Quarter Horse Racing Association, and the Florida Thoroughbred Breeders’ and Owners’ Association.  The organizations comprise nearly 10,000 Florida racehorse owners, trainers and breeders who do business in Florida.

 

Florida Thoroughbred, Quarter Horse Owners, Trainers, Breeders Adopt Unprecedented Therapeutic Horse Racing Medication Uniformity Plan

Yet, Florida Legislature May Not Act to Seal the Deal

April 22, 2014–As national voices have gained strength in the debate on the use of therapeutic medication in horse racing, a group of organizations representing nearly 10,000 Florida Thoroughbred and Quarter Horse owners, trainers and breeders had already taken the unprecedented step of uniting behind a uniform policy endorsed by both the Jockey Club and American Quarter Horse Association.  The proposal was filed in the Florida Legislature as amendment language and is yet awaiting the chance to be approved by lawmakers.

Born of a longstanding working partnership known as “United Florida Horsemen” on both Florida legislative and regulatory issues, the agreement was finalized during early April and includes the approval and endorsement of the following professional associations and organizations:

“Unfortunately, with Florida lawmakers having declared pari-mutuel and other gambling issues to be ‘dead’ for this Session, the legislative authorization needed for this unprecedented consensus will most likely have to wait another year,” explained FHBPA Executive Director Kent Stirling, a credentialed national authority who has testified before Congress on the issue.

“Florida horsemen have long stated that their goal has always been a set of national rules that gives all racing jurisdictions a level playing field in terms of thresholds and which medications are allowable.  Earlier this month, working with Matt Iuliano from the Jockey Club, we were finally able to draft and submit legislation here in Florida which achieves that goal,” explained FHBPA President Phil Combest.

Among the most notable components of the plan espoused by the United Florida Horsemen was the adoption of Association of Racing Commissioners International (ARCI) Penalty Guidelines and agreement to adopt the Schedule of ARCI Controlled Therapeutic Medications.

“With the power of Florida’s horsemen now in complete alignment, we’re optimistic that the recent commitments toward uniformity by our industry colleagues will continue to drive the national conversation toward state-by-state adoption of both legislation and regulation necessary to make real uniformity a reality,” Stirling said.  “While we wait on Florida’s Legislature to act—hopefully in alignment with the aggressive goals set forth this week by the Stronach Group’s ambitious plan, we’re confident that Florida now sets the standard for true uniformity for others that have yet to come on board.”

Florida’s 2014 Legislative Session concludes on May 2.

To learn more about legislative and regulatory issues facing Florida’s billion-dollar horse racing industry, go to www.FloridaHorsemen.com