The purpose and effect of these proposed rules is to prevent unfair or deceptive trade practices relating to the sale and purchase of horses in Florida.

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Marketing and Development

RULE NO: RULE TITLE
5H-26.001: PURPOSE
5H-26.002: DEFINITIONS
5H-26.003: GENERAL REQUIREMENTS RELATING TO THE SALE OR PURCHAES OF HORSES
5H-26.004: BILL OF SALE
PURPOSE AND EFFECT: The purpose and effect of these proposed rules is to prevent unfair or deceptive trade practices relating to the sale and purchase of horses in Florida.
SUBJECT AREA TO BE ADDRESSED: The subject area addressed by these proposed rules is unfair or deceptive trade practices surrounding the sale and purchase of horses in Florida.
SPECIFIC AUTHORITY: 535.16 FS.
LAW IMPLEMENTED: 535.16 FS. ..
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 17, 2007, 1:00 p.m. – 5:00 p.m.
PLACE: Betty Easley Conference Center, Room 152, 4075 Esplanade Way, Tallahassee, Florida 32399
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: Kerry Flack, Assistant Division Director of Marketing and Development, 407 South Calhoun Street, M9, Tallahassee, FL 32399-0800, [phone]. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kerry Flack, Assistant Division Director of Marketing and Development, 407 South Calhoun Street, M9, Tallahassee, FL 32399-0800, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

5H-26.001 Purpose.

The purpose of this rule chapter is to address unfair and deceptive trade practices surrounding the sale and purchase of horses in Florida. This rule enhances consumer protection by implementation of minimum requirements relating to the sale and purchase of horses in Florida.

Specific Authority 535.16 FS. Law Implemented 535.16 FS. History– New________.

 

5H-26.002 Definitions.

As used in this rule, the following definitions shall apply:

(1) “Dual Agent” means a person who acts as an agent, consultant, consignor, or in any other capacity that creates a position of trust with both the Purchaser and the Owner.

(2) “Horse” means an equine as defined in Section 773.01(2), F.S.

Specific Authority 535.16 FS. Law Implemented 535.16 FS. History– New________.

 

5H-26.003 General Requirements Relating to the Sale or Purchase of Horses.

(1) Any sale or purchase of a horse in Florida shall be:

(a) Accompanied by a written bill of sale described in Rule 5H-26.003, F.A.C.; and

(b) Signed by both the Purchaser and the Owner or their duly authorized agents or, in a transaction solely relating to a season or fractional interest in the horse, signed by the syndicate manager or horse manager. An agent who signs a written bill of sale or acknowledgement of purchase on behalf of his or her principal shall do so only if authorized in writing by such principal. When presented with such authorization, all other parties to the transaction may presume that an agent signing on behalf of his or her principal is duly authorized to act for the principal.

(2) A person shall not act as a dual agent in a transaction involving the sale or purchase of an interest in a horse without:

(a) The prior knowledge of both the Purchaser and the Owner; and

(b) Written consent of both the Purchaser and the Owner.

(3) No person acting on behalf of either a Purchaser or an Owner, or acting as a dual agent, in a transaction involving the sale or purchase of a horse, may receive consideration, compensation, fees, a gratuity, or any other item of value related directly or indirectly to such transaction, from an individual or entity, including any consigner involved in the transaction, other than an agent's principal, unless:

(a) The agent receiving, and the person or entity making, the payment disclose in writing the payment to both the Purchaser and Owner; and

(b) Each principal for whom the agent is acting consents in writing to the payment.

(4) Any person acting as an agent for a Purchaser or an Owner or acting as a dual agent in a transaction involving the sale or purchase of a horse shall, upon request by his or her principal or principals, furnish copies of all financial records and financial documents in the possession or control of the agent pertaining to the transaction to the principal or principals. For purposes of this section, financial records shall not include the agent's or Owner's work product used to internally evaluate the horse.

(5) A violation of any provision of Chapter 5H-26, F.A.C., shall be considered an unfair and deceptive trade practice pursuant to Chapter 501, Part II, F.S.

(6) Except as provided in subsection (4), nothing in this rule shall require disclosure of compensation arrangements between a principal and an agent where no dual agency exists, where the agent is acting solely for the benefit of his or her principal, and where the agent is being compensated solely by his or her principal.

(7) No contract or agreement for payment of a commission, fee, gratuity, or any other form of compensation in connection with any sale or purchase of a horse shall be enforceable by way of an action or defense unless:

(a) The contract or agreement is in writing and is signed by the party against whom enforcement is sought; and

(b) The recipient of the compensation provides a written bill of sale for the transaction that complies with the provisions of Chapter 5H-26, F.A.C.

Specific Authority 535.16 FS. Law Implemented 535.16 FS. History– New________.

 

5H-26.004 Bill of Sale.

The sale or purchase of a horse in Florida must be accompanied by a written bill of sale that must include at a minimum the following:

(1) The name and address of the buyer and the Owner;

(2) The name and address of the duly authorized agent of the buyer and the Owner, if applicable;

(3) The date of the sale;

(4) The purchase price of the horse;

(5) Date of Purchase by current Owner;

(6) Birth date of the horse (if known);

(7) Birth Location of the horse (if known);

(8) Prior Ownership of horse (if known);

(9) A written disclosure statement describing the condition of the horse including disclosure of all known alterations that affect the performance or health of the horse and all known medical ailments, defects, and surgeries. In lieu of the written disclosure statement the Owner of the horse shall provide all existing medical records or copies thereof. The written disclosure statement or medical records must be made available to prospective purchasers prior to sale.

(10) A space for the printed name and signature of the buyer and the Owner and agent, if applicable.

Specific Authority 535.16 FS. Law Implemented 535.16 FS. History– New________.