NEWS
Florida rules require full disclosure of dual agency
Posted: Sunday, May 11, 2008 2:45 PM
The Florida Department of Agriculture and Consumer Services on Friday released finalized rules and regulations designed to stop deceptive practices and promote transparency at horse sales in Florida.
The rules and regulations, if adopted in their present form, would require full and accurate disclosure to the buyer and owner/seller of any dual agency. Sales agents or trainers would be required to fully disclose and obtain the consent of the principal, in writing if possible, any legal or equitable ownership interest.
Other stipulations of the new rules and regulations:
• All sales other than public auctions must be accompanied by a written bill of sale
• An auction company must provide a medical information center on the sales grounds for placement of medical records
• The auction company may require in its conditions of sale that an owner, or agent, include specific types of medical records in any documentation placed in the center
• An owner, or agent, must provide any medical information in response to an inquiry from a buyer, or agent, about the medical history of a horse, including disclosure of one of more of the following treatments within seven days of sale—extra-corporal shockwave therapy or radio pulse-wave therapy; acupuncture, electro-stimulation, or both, with the intent or effect of altering the laryngeal function of a horse; internal blister or other injections behind the knee; and the use of any electrical or mechanical device to shock or prod the horse for the purpose of increasing its speed during under-tack shows prior to the sale, with the exception of the use of a whip, spurs, or items otherwise permitted by the rules of the governing body
• Sales companies must publicly disseminate accurate sales results within 90 days of the public sale or auction
Legislation passed in June 2007 ordered the state agency to draft rules and regulations to govern horse sales throughout the state.
The movement was championed by owner-breeder Earle Mack, who joined with the Florida Thoroughbred Breeders and Owners Association and the Ocala Breeders’ Sales Co. to craft the language of the rules and regulation. The agreed upon language was submitted to the state agency, which accepted the rules verbatim.
“It is important for the future of the horse industry to assure horse buyers are treated fairly,” Mack said. “These new rules will go a long way to providing transparency and prohibiting some of the deceptive practices used by a minority of horse sellers. This is a giant step forward for Florida, and I hope it is a starting point for horse sales throughout the nation.”
