5161193, 5H-26.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 5161193

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Marketing and Development

Chapter:

SALES AND PURCHASES OF HORSES

Overview

RULE:

5H-26.001	Purpose
5H-26.002	Definitions
5H-26.003	General Requirements Relating to the Sale or Purchase of Horses
5H-26.004	Bill of Sale

PURPOSE:

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.

SUMMARY:

Section 1 of Section 535.16, Florida Statutes, requires rule adoption to prevent unfair or deceptive trade practices relating to the sale of horses. The proposed Rule was developed with the input of a variety of groups, and although there was an expressed interest in including those issues such as drug testing for use of steroids or other drugs; licensing of agents; enforcement of Rule, and penalties for violations. We did not include them in the Rule proposal as we believe they are beyond the scope of the legislation. The Legislature would need to appropriate funding for drug testing, chain of command of tests, costs of tests, staff and a laboratory to provide results of tests. Challenges to tests would also be expensive and time consuming and would require additional legal staff. We did provide a definition of horse, eliminate dual agents unless both the owner and buyer are made aware of the arrangement; require a bill of sale and provide a means to obtain medical information. We determined that ownership would not be required since it would not create a deceptive or unfair trade practices.

RULEMAKING AUTHORITY:

535.16 FS.

LAW:

535.16 FS.

PRINT PUBLISH DATE:

1/25/2008 Vol. 34/04

COMMENTS:

From 1/25/2008 To 2/15/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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