Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1646
       
       
       
       
       
       
                                Ì608542'Î608542                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2019           .                                
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       The Committee on Agriculture (Albritton) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 779 and 780
    4  insert:
    5         Section 19. Section 828.261, Florida Statutes, is created
    6  to read:
    7         828.261 Ongoing horse care covenants.—
    8         (1) Notwithstanding any other provision of law, a contract
    9  for the sale of a horse may include a covenant for the
   10  continuing care of the horse, subject to the following
   11  provisions:
   12         (a) The obligations under the covenant may be satisfied by
   13  a third-party provider who is contractually obligated to provide
   14  continuing care for the horse upon its retirement, for an
   15  actuarially appropriate charge, which is not subject to chapter
   16  624.
   17         (b) The covenant is valid and annexed to the horse, runs
   18  with the horse, and is binding and enforceable upon all future
   19  purchasers, if notice is provided pursuant to paragraph (c).
   20         (c) Written notice of the covenant must be provided to all
   21  purchasers before a sale and must be acknowledged in writing by
   22  all such purchasers before consummation of the sale of a covered
   23  horse.
   24         (d) The covenant must include liability for liquidated
   25  damages for a purchaser’s failure to comply with the covenant.
   26         (e) The covenant must include the ability of an owner to
   27  retire the horse into the care of the third-party provider under
   28  the covenant.
   29         (f) A third-party provider who is contracted to provide the
   30  continuing care of a horse under the covenant shall, at a
   31  minimum, comply with the American Association of Equine
   32  Practitioners care guidelines for equine rescue and retirement
   33  facilities.
   34         (2) An owner is not required to put in place a covenant for
   35  the continuing care of a horse and a purchaser is not required
   36  to purchase a horse that is subject to such a covenant.
   37         (3) This section does not create any covenants that annex
   38  to or travel with any other chattel.
   39  
   40  ================= T I T L E  A M E N D M E N T ================
   41  And the title is amended as follows:
   42         Between lines 42 and 43
   43  insert:
   44         creating s. 828.261, F.S.; authorizing a contract for
   45         the sale of a horse to include a covenant for the
   46         continuing care of the horse; providing requirements
   47         for such a covenant;