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The Committee on Transportation (Baker) recommended the following

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amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 58 and 59,

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insert:

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     Section 4.  Subsection (1) of section 535.16, Florida

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Statutes, is amended to read:

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     535.16  Sale and purchase of horses; unfair or deceptive

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trade practices.--

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     (1)  The Department of Agriculture and Consumer Services

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shall examine the conditions surrounding the sale and purchase of

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horses and shall adopt rules pursuant to ss. 120.536(1) and

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120.54 to prevent unfair or deceptive trade practices in the sale

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and purchase of horses. Vertical integration of services and

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employees, in and of itself, shall not be considered an unfair or

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deceptive practice. The rules adopted by the department shall:

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     (a) Require full and accurate disclosure to the buyer and

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seller of any dual agency.

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     (b) Require, in all sales other than public sales, a

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written bill of sale setting forth the name of the horse, its

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sire and dam, its breed and registry status, if any, its age, the

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purchase price, and the legal owner and legal buyer of the horse.

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     (c) Require presale disclosure of all relevant medical

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conditions, defects, and surgeries and an express written

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warranty by the seller that the disclosures made are accurate and

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complete and that there have been no alterations to the animal

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which could enhance or alter its appearance or pre-sale

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performance, other than what has been disclosed to the buyer.

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     (d) Require, in all public sales or auctions, full written

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disclosures of the actual owner and buyer of the horse and any

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change in ownership, whether legal or equitable, in the horse,

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from the time the horse is consigned until the time the horse

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enters the ring or is offered for sale. Such written disclosures

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shall be published by the sales company in a conspicuous place

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and any changes in ownership must be publicly announced at the

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time the horse enters the ring or is offered for sale.

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     (e) Require the seller to make full disclosures of all

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relevant medical conditions, defects, and surgeries, including

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the administration of steroids or growth hormones.

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     (f) Require that veterinary records, access to which is in

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the control of the seller, reflecting such disclosures be placed,

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prior to the public sale or auction, in a repository maintained

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by the sales company, together with required radiographs and

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endoscopic examinations. Require the seller to make the same

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written warranty required in paragraph (c).

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     (g) Identify prohibited practices, including shockwave

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therapy, acupuncture, electro-stimulation, or any other method

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used which could alter laryngeal or other neurological function,

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injection of any internal blister or any other substance designed

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to alter conformation or performance, use of any device or

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substance to affect performance in a pre sale performance or

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work, and the administration of steroids. The department shall,

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by rule, establish the time periods for which the practices are

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prohibited and shall establish procedures for drug testing.

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     (h) Require that the sales companies publicly disseminate

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accurate sales results after the close of a public sale or

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auction disclosing or correcting any sales figures, including

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actual and final purchase prices.

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     (i) Include remedial provisions, including the availability

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of treble damages for willful violations or any material omission

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or misrepresentation in connection with the required disclosures;

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provisions for voiding the sale or refunding half the amount

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paid, plus costs and attorney's fees, at the buyer's election.

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The department shall initiate a review of sanctions, including

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the suspension from participation in sales, the suspension or

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revocation of an offending sales company's license, and criminal

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penalties department's examination shall include the following:

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disclosure of the legal owner and buyer of the horse and any dual

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agency to the buyer and seller; the disclosure of relevant

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medical conditions, defects, and surgeries; the conduct or

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alterations that could affect the performance of a horse; and the

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need for a written bill of sale or similar documentation.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 12, after the semicolon,

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insert:

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amending s. 535.16, F.S.; revising provisions relating to

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the sale and purchase of horses; requiring ownership and

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veterinary disclosures; specifying prohibited practices;

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requiring the reporting of accurate sales results;

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providing for the adoption of rules; requiring a review;

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providing penalties;

4/7/2008  4:13:00 PM     20-06774-08