Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Pari-Mutuel Wagering
RULE NO: RULE TITLE
61D-2.002: Toe Grabs
61D-2.022: Use of Whips
PURPOSE AND EFFECT: The purpose and effect of the proposed rules will be to implement and interpret Florida Statutes that relate to rules regulating the use of toe grabs and whips at pari-mutuel horseracing facilities.
SUMMARY: The proposed rules will address the use of toe grabs and whips at pari-mutuel horseracing facilities.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 550.0251, 550.2415(13) FS.
LAW IMPLEMENTED: 550.0251(3), (11) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: November 12, 2008, 10:30 a.m. – 12:30 p.m.
PLACE: State of Florida, Department of Children and Families, 1400 West Commercial Blvd., Room 203, Ft. Lauderdale, Florida 33309
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mary Polombo at (850)413-0750. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Polombo, Clerk, Division of Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, Florida 32399-1035

THE FULL TEXT OF THE PROPOSED RULE IS:

61D-2.002 Toe Grabs.

Toe grabs with a height greater than two millimeters, bends, jar calks, stickers, and any other traction device worn on the front shoes of thoroughbred horses while racing or training on all racing surfaces at a pari-mutuel facility in Florida are prohibited.

Specific Authority 550.0251 FS. Law Implemented 550.0251(3), (11) FS. History–New__________.

 

61D-2.022 Use of Whips.

(1) Any jockey or driver who uses a whip during a race shall do so only in a manner consistent with exerting his or her best efforts to win.

(2) In all races where a jockey or driver participates without a whip, an announcement of such fact shall be made over the public address system.

(3) A whip shall not be used by any person:

(a) On any part of a horse’s body other than the shoulders or hindquarters;

(b) During the post parade or after the finish of the race;

(c) In any manner that causes welts or breaks in a horse’s skin;

(d) When a horse is clearly out of the race or has obtained its maximum placing in a race;

(e) Persistently, even though the horse is showing no response under the whip; or

(f) To strike a person, another horse, or any other animal.

Specific Authority 550.0251 FS. Law Implemented 550.0251(3), (11) FS. History–New__________.


NAME OF PERSON ORIGINATING PROPOSED RULE: David J. Roberts, Director, Division of Pari-Mutuel Wagering
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles W. Drago, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 1, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 1, 2008