Florida Statute Hamstrings Regulatory Veterinarian Storck

[Wandering Eyes]

A Florida-based veterinarian has found herself in the crosshairs of a state law barring her from obtaining a license issued by the Florida Gaming Control Commission (FGCC) having already been employed by the agency within the prior two-year period–a rule that has some industry stakeholders scratching their heads at a time when many jurisdictions are already struggling to find enough regulatory and practicing veterinarians, including in Florida.

“I have no job right now because I came down here to take that job and moved over to Tampa,” said veterinarian Christine Storck, who explained that she has lived in Florida on and off for 15-20 years. She said she's hoping to find a regulatory job elsewhere around the country this summer as an alternative.

“I'm out of luck in Florida basically. I've worked at the racetrack since graduation,” Storck said.

Between Dec. 22, 2023, and May 1, 2024, Storck worked in the test barn at Tampa Bay Downs collecting blood and urine samples. Storck said she worked between 28 to 30 days during that window, filling in for another veterinarian when needed.

Though Storck was employed by the FGCC, the work she conducted fell under the umbrella of the Horseracing Integrity and Welfare Unit (HIWU), the agency responsible for managing the Horseracing Integrity and Safety Act's (HISA) anti-doping and medication control program.

In the lead up to the start of the latest Tampa Bay Downs meet, which started on Nov. 20, Storck geared up for another stint at the track, this time as a third-party Lasix administrator, for which she needed a Pari-Mutuel Wagering (PMW) license.

Initially, Storck's employment appeared a formality. Steven Maners, regional program administrator for the FGCC's division of pari-mutuel wagering, asked Storck on Oct. 30 if she would also work in the test barn during November before taking up her third-party Lasix administrator position, according to an email Storck shared with the TDN.

Horse heads to the test barn | Sarah Andrew

Storck's assistance was requested because the veterinarian in that position had just had shoulder surgery and would be under temporary physical therapy restrictions, “leaving the test barn without a state veterinarian for race dates November 20, 23, 27, 29 & 30,” Maners wrote.

Soon after that, the FGCC had a change of heart. Storck said that she was alerted by the commission that, because she had previously been employed by them during the prior two-year period, she was barred from being licensed by them within that timeframe, as per this state statute.

When asked about Storck's situation, an FGCC spokesperson wrote that the commission must follow Florida law. “In short, section 16.715(2), Florida Statutes, prohibits any applicant from holding a license issued by the Commission under chapter 550, Florida Statutes, for two years after being employed by the Commission.”

The spokesperson also wrote that the agency's offer of employment letter “warns new hires that all employees of the Commission are subject to the employment restrictions set forth in Section 16.715.”

In response, Storck said that she had gone through the hiring process with Maners, and feels misrepresented by him.

Storck's case was heard by the Florida Gaming Control Commission on Dec. 5. In the meeting, her attorney, Tana Storey, argued that the statute should “not be read in black and white,” and that it was never written to capture a “part-time seasonal employee” much needed for regulatory needs in the state.

Storey also claimed that prior to Storck's previous stint working for the commission, Maners told the veterinarian she would have to withdraw a pending PMW license application, but didn't inform Storck of this statute. “In fact, [Maners] repeatedly informed her it would not be an issue,” she added.

In an email Storck shared with the TDN, dated Nov. 30, 2023, Maners told Storck that “the new law that was adopted when the FGCC was established states that no one can be employed by the FGCC if they have held a PMW license within the last two years.”

Maners also adds that, “withdrawing the license application will not preclude you from reapplying at a future time, we just need this so that we can consider you for the state veterinarian position,” according to the email.

At the hearing, the state's legal team, however, urged the FGCC to apply the statute as written.

“I think the speaker has outlined that the problem lies with the statute, not with the commission being bound to follow it. So, you are members of the executive branch, it is your job to execute the law. Not write the law, not change the law. Not wish the law would work differently than it is written,” said Ross Marshman, the FGCC's acting executive director, in the hearing.

Ross Marshman | FGCC WEB

The commission voted unanimously to accept the staff's recommendation.

Florida isn't alone in having a rule like this. A New York statute states that “no employee of the commission may acquire any direct or indirect interest in, or accept employment with, any applicant for or any person holding a license, registration, franchise, certificate or permit issued by the commission for a period of two years commencing at the termination of employment with the commission.”

California, however, has no such restriction on licensees employed or formerly employed by a racing commission, said Jeff Blea, the California Horse Racing Board's (CHRB) equine medical director.

“In light of the fact there's a significant shortage of regulatory and private practitioners on the racetrack, I don't see any value in restricting a veterinarian's ability to perform either duty based on their previous employment with a state racing commission,” said Blea.

According to one senior veterinary official who spoke on background, the restrictions in place in states like Florida and New York are safeguards against bribery in return for favorable treatment and other possible conflicts of interest.

Scott Hay, a long-time Florida-based racetrack veterinarian, said that he was unaware of the state statute prior to becoming aware of Storck's case.

“I don't understand why that's a safeguard for the industry,” Hay said, of the rule. “If you're moving back and forth, or you're working in the test barn as well as working as a practicing veterinarian, I can certainly understand the conflicts that could be created. But if you cut your ties from one and move to another, I don't understand that.”

Storck said that she was surprised the FGCC didn't bend the law in her favor. “My lawyer had a good persuasive case,” said Storck. “The reality is tough luck.”

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