Fla. Admin. Code Ann. R. 75-6.006 - Procedures Relating to Split Samples

The following procedures shall be followed when requesting a split sample analysis at an independent laboratory:

(1) A trainer of record or owner of a racehorse who has received a report of positive result may request that split sample analysis be conducted on the corresponding portion of the specimen, or secondary ("B" portion), if applicable. The trainer of record or owner may request that the split sample be sent to an independent laboratory approved by the commission for split sample analysis. The request must be made in writing or on Form FGCC PMW-3290, Split Sample Request, effective December 2015, and adopted herein by reference, which can be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-06325, www.flgaming.gov, or by contacting the Florida Gaming Control Commission, 4070 Espanade Way, Site 250, Tallahassee, Florida 32399, and submitted by certified mail or hand delivery to the State Steward, commission Hearing Officer, or the commission's Office of the General Counsel no later than ten (10) calendar days after receipt of the report of positive result.

(2) The party requesting the split sample shall select an independent laboratory from a list of laboratories approved by the commission to perform the split sample analysis. The party requesting a split sample analysis shall bear all costs of the analysis and provide the commission with proof of payment.

(3) Failure to request a split sample with an approved independent laboratory within ten (10) calendar days after receiving written notification of the report of positive result from the primary racing laboratory shall constitute a waiver of the right to a split sample. Failure to pay the independent laboratory in full for split sample analysis and provide proof of payment to the commission within ten (10) days of the request for split sample analysis shall constitute a waiver of the right to a split sample.

(4) Upon receipt of the split sample request, the commission shall notify the primary laboratory of the request, identifying the sample number on which the split sample analysis is to be performed, the independent laboratory which has been selected, and the primary laboratory's internal tracking number. The primary racing laboratory shall send the unopended split sample to the independent laboratory selected within ten (10) calendar days of receiving the request.

(5) The request of a split sample shall operate as a stay of any hearing until the analysis of the split sample has been completed. Failure by the requestor to pay the independent laboratory for a split sample test shall not operate as a stay.

Notes

Fla. Admin. Code Ann. R. 75-6.006

Rulemaking Authority 120.80(19), 550.0251(3), (11), 550.2415(5), (12) FS. Law Implemented 120.80(19), 550.0251, 550.2415 FS.

New 10-20-96, Amended 12-15-97, 4-12-06, 6-26-11, 1-10-16, 12-4-17, Formerly 61D-6.006, Amended by Florida Register Volume 50, Number 249, December 24, 2024 effective 1/8/2025.

New 10-20-96, Amended 12-15-97, 4-12-06, 6-26-11, 1-10-16, 12-4-17, Formerly 61D-6.006.