Notice of Proposed Rule

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Animal Industry
RULE NO: RULE TITLE
5C-28.001: Dog and Cats - Intrastate Transfer of Ownership
PURPOSE AND EFFECT: The purpose and effect of this rule is to adopt the requirements necessary to transfer the ownership of a dog or cat by sale within Florida.
SUMMARY: Section 585.145(2), Florida Statutes, provides that the Department shall specify by rule the health tests, official certificates of veterinary inspection, or other certificates and documents that must first be obtained prior to the owner, broker, or transferor transferring ownership of an animal by sale. This rule is being promulgated to adopt the specific official certificate of veterinary inspection (OCVI) that must be obtained before ownership of a dog or cat can be transferred by sale within Florida. This rule further provides that the original OCVI shall be provided to the person to whom ownership is transferred.
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: 585.002(4) FS.
LAW IMPLEMENTED: 585.145(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. William Jeter, Chief, Bureau of Animal Disease Control, Division of Animal Industry, Room 332, 407 S. Calhoun Street, Tallahassee, FL 32399-0800; phone (850)410-0900; FAX: (850)410-0957

THE FULL TEXT OF THE PROPOSED RULE IS:

5C-28.001 Dog and Cats – Intrastate Transfer of Ownership.

(1) Prior to the transfer of ownership by sale of a dog or cat within this state, the owner, broker or transferor of the dog or cat shall first obtain an official certificate of veterinary inspection which meets the requirements of Section 828.29, F.S., and utilizes the form DACS-09085, Official Certificate of Veterinary Inspection For Intrastate Sale Of Dog Or Cat, adopted in Rule 5C-27.001, F.A.C.

(2) As evidence of compliance with subsection (1) of this rule, the original of DACS-09085, Official Certificate of Veterinary Inspection For Intrastate Sale Of Dog Or Cat, shall be provided to the owner or agent to whom ownership is being transferred.

(3) County-operated or city-operated animal control agencies and registered nonprofit humane organizations are exempt from this rule.

Specific Authority 585.002(4) FS. Law Implemented 585.145(2) FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Thomas J. Holt, State Veterinarian, Director, Department of Agriculture and Consumer Services, Division of Animal Industry, Room 330, 407 S. Calhoun St., Tallahassee, FL 32399-0800; (850)410-0900; Fax: (850)410-0915
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Ms. Terry Rhodes, Chief of Staff, Florida Department of Agriculture and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 27, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 27, 2007