HB 1459

A bill to be entitled
2An act relating to regulated reptiles; amending s. 372.86,
3F.S.; requiring the Fish and Wildlife Conservation
4Commission to establish a list of reptiles subject to
5regulation; authorizing the commission to adopt rules;
6amending s. 372.87, F.S.; requiring licensure for the
7keeping, possessing, or exhibiting of regulated reptiles;
8amending s. 372.88, F.S.; increasing the required bond
9amount for the exhibition of regulated reptiles; requiring
10such bonds to be payable to the commission; amending s.
11372.89, F.S.; requiring safe, secure, and proper housing
12of regulated reptiles; amending s. 372.90, F.S.; providing
13for the transportation of regulated reptiles; amending s.
14372.901, F.S.; providing for the inspection of regulated
15reptiles; requiring the commission to establish a
16reporting system for certain activities related to
17regulated reptiles; amending s. 372.91, F.S.; authorizing
18certain persons to open regulated reptile cages;
19renumbering s. 372.911, F.S., relating to rewards, to
20conform; renumbering and amending s. 372.912, F.S.,
21relating to organized regulated reptile hunts; amending s.
22372.92, F.S.; providing criminal penalties for certain
23activities related to regulated reptiles; providing an
24effective date.
26Be It Enacted by the Legislature of the State of Florida:
28     Section 1.  Section 372.86, Florida Statutes, is amended to
30     372.86  Possessing or, exhibiting regulated poisonous or
31venomous reptile; license required.--
32     (1)  The Fish and Wildlife Conservation Commission shall
33establish a list of venomous, nonnative, or other reptiles for
34which the possession, transportation, or exhibition is
35regulated. The commission is authorized to adopt rules pursuant
36to chapter 120 to implement the provisions of ss. 372.86-372.91.
37     (2)  No person, firm, or corporation shall keep, possess,
38or exhibit any regulated poisonous or venomous reptile without
39first having obtained a special permit or license therefor from
40the Fish and Wildlife Conservation Commission as herein
42     Section 2.  Section 372.87, Florida Statutes, is amended to
44     372.87  License fee; renewal, revocation.--The Fish and
45Wildlife Conservation Commission is hereby authorized and
46empowered to issue a license or permit for the keeping,
47possessing, or exhibiting of regulated poisonous or venomous
48reptiles, upon payment of an annual fee of $100 and upon
49assurance that all of the provisions of ss. 372.86-372.91 and
50such other reasonable rules and regulations as said commission
51may prescribe will be fully complied with in all respects. Such
52permit may be revoked by the Fish and Wildlife Conservation
53Commission upon violation of any of the provisions of ss.
54372.86-372.91 or upon violation of any of the rules and
55regulations prescribed by said commission relating to the
56keeping, possessing, and exhibiting of any regulated poisonous
57and venomous reptiles. Such permits or licenses shall be for an
58annual period to be prescribed by the said commission and shall
59be renewable from year to year upon the payment of said fee and
60shall be subject to the same conditions, limitations, and
61restrictions as herein set forth.
62     Section 3.  Section 372.88, Florida Statutes, is amended to
64     372.88  Bond required, amount.--No person, party, firm, or
65corporation shall exhibit to the public either with or without
66charge, or admission fee any regulated poisonous or venomous
67reptile without having first posted a good and sufficient bond
68in writing in the penal sum of $10,000 $1,000 payable to the
69Fish and Wildlife Conservation Commission Governor of the state,
70and the Governor's successors in office, conditioned that such
71exhibitor will indemnify and save harmless all persons from
72injury or damage from such regulated poisonous or venomous
73reptiles so exhibited and shall fully comply with all laws of
74the state and all rules and regulations of the Fish and Wildlife
75Conservation commission governing the keeping, possessing, or
76exhibiting of regulated poisonous or venomous reptiles;
77provided, however, that the aggregate liability of the surety
78for all such injuries or damages shall, in no event, exceed the
79penal sum of said bond. The surety for said bond must be a
80surety company authorized to do business under the laws of the
81state or in lieu of such a surety, cash in the sum of $10,000
82$1,000 may be posted with the said commission to ensure
83compliance with the conditions of said bond.
84     Section 4.  Section 372.89, Florida Statutes, is amended to
86     372.89  Safe housing required.--All persons, firms, or
87corporations licensed under this law to keep, possess, or
88exhibit regulated poisonous or venomous reptiles shall provide
89safe, secure, and proper housing for said reptiles in cases,
90cages, pits, or enclosures. It shall be unlawful for any person,
91firm, or corporation, whether licensed hereunder or not, to
92keep, possess, or exhibit any regulated poisonous or venomous
93reptiles in any manner not approved as safe, secure, and proper
94by the Fish and Wildlife Conservation Commission.
95     Section 5.  Section 372.90, Florida Statutes, is amended to
97     372.90  Transportation.--Regulated Poisonous or venomous
98reptiles may be transported only in the following fashion: The
99reptile, or reptiles shall be placed in a stout closely woven
100cloth sack, tied or otherwise secured. This sack shall then be
101placed in a box. The box shall be of strong material in solid
102sheets, except for small air holes, which holes shall be
103screened. Boxes containing poisonous or venomous snakes or other
104reptiles shall be prominently labeled "Danger--Poisonous Snakes"
105or "Danger--Poisonous Reptiles."
106     Section 6.  Section 372.901, Florida Statutes, is amended
107to read:
108     372.901  Inspection and reporting.--
109     (1)  Regulated Poisonous or venomous reptiles, held in
110captivity, shall be subject to inspection by an inspecting
111officer from the Fish and Wildlife Conservation Commission. The
112inspecting officer shall determine whether the said reptiles are
113securely, properly, and safely penned. In the event that the
114reptiles are not safely penned, the inspecting officer shall
115report the situation in writing to the person or firm owning the
116said reptiles. Failure of the owner or exhibitor to correct the
117situation within 30 days after such written notice shall be
118grounds for revocation of the license or permit of said owner or
120     (2)  The commission shall establish by rule a reporting
121system for regulated reptiles. Such reports may include, but are
122not limited to, information regarding:
123     (a)  The purchase or other acquisition of a regulated
125     (b)  The possession of a regulated reptile.
126     (c)  The sale, gift, or other transfer of a regulated
128     (d)  The death, destruction, or other disposition of a
129regulated reptile.
130     Section 7.  Section 372.91, Florida Statutes, is amended to
132     372.91  Who may open cages, pits, or other containers
133housing regulated poisonous or venomous reptiles.--No person
134except the licensee or her or his authorized employee shall open
135any cage, pit, or other container which contains regulated
136poisonous or venomous reptiles.
137     Section 8.  Section 372.911, Florida Statutes, is
138renumbered as section 372.0715, Florida Statutes.
139     Section 9.  Section 372.912, Florida Statutes, is
140renumbered as section 372.902, Florida Statutes, and amended to
142     372.902 372.912  Organized regulated poisonous reptile
144     (1)  All persons, firms, and corporations sponsoring and
145conducting any organized regulated poisonous reptile hunt for
146whatever purpose shall comply with the provisions of ss. 372.86-
148     (2)  All persons participating in any organized regulated
149poisonous reptile hunt in the state which is sponsored and
150conducted by a nonprofit organization registered with the
151Department of State under the provisions of chapter 617 shall be
152exempt from the licensing provisions contained in ss. 372.86,
153372.87, and 372.88, only for the duration of said organized
155     (3)  All organized regulated poisonous reptile hunts in the
156state shall be registered with the Fish and Wildlife
157Conservation Commission and be subject to reasonable rules and
158regulations promulgated by said commission.
159     Section 10.  Section 372.92, Florida Statutes, is amended
160to read:
161     372.92  Rules and regulations; penalties.--
162     (1)  The Fish and Wildlife Conservation Commission may
163prescribe such other rules and regulations as it may deem
164necessary to prevent the escape of regulated poisonous and
165venomous reptiles, either in connection of construction of such
166cages or otherwise to carry out the intent of ss. 372.86-372.91.
167     (2)  Any person who violates a provision of ss. 372.86-
168372.91 or any rule or regulation established under ss. 372.86-
169372.91 commits a misdemeanor of the first degree, punishable as
170provided in s. 775.082 or s. 775.083.
171     (3)  Any person who knowingly releases a regulated reptile
172to the wild or who through gross negligence allows a regulated
173reptile to escape commits a felony of the third degree,
174punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
175     Section 11.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.