Horsemen Challenge Death Notice Rule

An association representing more than 200 Florida licensed horse trainers and over 5,000 Florida licensed horse owners is challenging the rule that the Division of Pari-Mutuel Wagering be notified within 18 hours of the death of any racehorse on the grounds of a track or training facility. The petition seeks a declaration that the rule is invalid and reasonable attorney’s fees under section 120.585(3) of the Florida Statutes.

This filing is sure to spark discussion in the horse racing industry and regulatory community. A Zoom hearing will be held in this case on August 12, 2020, at 9:00 a.m.

Here is an excerpt of the petition’s central allegation, which is of course subject to rebuttal by the Division:

The Division’s current use of the 18 Hour Rule as set forth in Rule 61D-6.023 is an “invalid exercise of delegated legislative authority” within the meaning of Florida. Statute 120.52(8)(e) as the rule is arbitrary or capricious. A rule is arbitrary if it is not supported by logic or the necessary facts; a rule is capricious if it is adopted without thought or reason or is irrational.

The Division’s current requirement that it be notified of the death of a horse within 18 hours of its death, as opposed to 24 hours, 48 hours or more, is not supported by logic nor supported by the necessary facts. The fact is the Division does nothing with the information that a horse has died other than to fine trainers who fail to report the death of a horse to the Division within the 18 hour time period required by the rule.

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