| 1 | A bill to be entitled |
| 2 | An act relating to regulated reptiles; amending s. 372.86, |
| 3 | F.S.; requiring the Fish and Wildlife Conservation |
| 4 | Commission to establish a list of reptiles subject to |
| 5 | regulation; authorizing the commission to adopt rules; |
| 6 | amending s. 372.87, F.S.; requiring licensure for the |
| 7 | keeping, possessing, or exhibiting of regulated reptiles; |
| 8 | amending s. 372.88, F.S.; increasing the required bond |
| 9 | amount for the exhibition of regulated reptiles; requiring |
| 10 | such bonds to be payable to the commission; amending s. |
| 11 | 372.89, F.S.; requiring safe, secure, and proper housing |
| 12 | of regulated reptiles; amending s. 372.90, F.S.; providing |
| 13 | for the transportation of regulated reptiles; amending s. |
| 14 | 372.901, F.S.; providing for the inspection of regulated |
| 15 | reptiles; requiring the commission to establish a |
| 16 | reporting system for certain activities related to |
| 17 | regulated reptiles; amending s. 372.91, F.S.; authorizing |
| 18 | certain persons to open regulated reptile cages; |
| 19 | renumbering s. 372.911, F.S., relating to rewards, to |
| 20 | conform; renumbering and amending s. 372.912, F.S., |
| 21 | relating to organized regulated reptile hunts; amending s. |
| 22 | 372.92, F.S.; providing criminal penalties for certain |
| 23 | activities related to regulated reptiles; providing an |
| 24 | effective date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
|
| 28 | Section 1. Section 372.86, Florida Statutes, is amended to |
| 29 | read: |
| 30 | 372.86 Possessing or, exhibiting regulated poisonous or |
| 31 | venomous reptile; license required.-- |
| 32 | (1) The Fish and Wildlife Conservation Commission shall |
| 33 | establish a list of venomous, nonnative, or other reptiles for |
| 34 | which the possession, transportation, or exhibition is |
| 35 | regulated. The commission is authorized to adopt rules pursuant |
| 36 | to chapter 120 to implement the provisions of ss. 372.86-372.91. |
| 37 | (2) No person, firm, or corporation shall keep, possess, |
| 38 | or exhibit any regulated poisonous or venomous reptile without |
| 39 | first having obtained a special permit or license therefor from |
| 40 | the Fish and Wildlife Conservation Commission as herein |
| 41 | provided. |
| 42 | Section 2. Section 372.87, Florida Statutes, is amended to |
| 43 | read: |
| 44 | 372.87 License fee; renewal, revocation.--The Fish and |
| 45 | Wildlife Conservation Commission is hereby authorized and |
| 46 | empowered to issue a license or permit for the keeping, |
| 47 | possessing, or exhibiting of regulated poisonous or venomous |
| 48 | reptiles, upon payment of an annual fee of $100 and upon |
| 49 | assurance that all of the provisions of ss. 372.86-372.91 and |
| 50 | such other reasonable rules and regulations as said commission |
| 51 | may prescribe will be fully complied with in all respects. Such |
| 52 | permit may be revoked by the Fish and Wildlife Conservation |
| 53 | Commission upon violation of any of the provisions of ss. |
| 54 | 372.86-372.91 or upon violation of any of the rules and |
| 55 | regulations prescribed by said commission relating to the |
| 56 | keeping, possessing, and exhibiting of any regulated poisonous |
| 57 | and venomous reptiles. Such permits or licenses shall be for an |
| 58 | annual period to be prescribed by the said commission and shall |
| 59 | be renewable from year to year upon the payment of said fee and |
| 60 | shall be subject to the same conditions, limitations, and |
| 61 | restrictions as herein set forth. |
| 62 | Section 3. Section 372.88, Florida Statutes, is amended to |
| 63 | read: |
| 64 | 372.88 Bond required, amount.--No person, party, firm, or |
| 65 | corporation shall exhibit to the public either with or without |
| 66 | charge, or admission fee any regulated poisonous or venomous |
| 67 | reptile without having first posted a good and sufficient bond |
| 68 | in writing in the penal sum of $10,000 $1,000 payable to the |
| 69 | Fish and Wildlife Conservation Commission Governor of the state, |
| 70 | and the Governor's successors in office, conditioned that such |
| 71 | exhibitor will indemnify and save harmless all persons from |
| 72 | injury or damage from such regulated poisonous or venomous |
| 73 | reptiles so exhibited and shall fully comply with all laws of |
| 74 | the state and all rules and regulations of the Fish and Wildlife |
| 75 | Conservation commission governing the keeping, possessing, or |
| 76 | exhibiting of regulated poisonous or venomous reptiles; |
| 77 | provided, however, that the aggregate liability of the surety |
| 78 | for all such injuries or damages shall, in no event, exceed the |
| 79 | penal sum of said bond. The surety for said bond must be a |
| 80 | surety company authorized to do business under the laws of the |
| 81 | state 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 |
| 83 | compliance with the conditions of said bond. |
| 84 | Section 4. Section 372.89, Florida Statutes, is amended to |
| 85 | read: |
| 86 | 372.89 Safe housing required.--All persons, firms, or |
| 87 | corporations licensed under this law to keep, possess, or |
| 88 | exhibit regulated poisonous or venomous reptiles shall provide |
| 89 | safe, secure, and proper housing for said reptiles in cases, |
| 90 | cages, pits, or enclosures. It shall be unlawful for any person, |
| 91 | firm, or corporation, whether licensed hereunder or not, to |
| 92 | keep, possess, or exhibit any regulated poisonous or venomous |
| 93 | reptiles in any manner not approved as safe, secure, and proper |
| 94 | by the Fish and Wildlife Conservation Commission. |
| 95 | Section 5. Section 372.90, Florida Statutes, is amended to |
| 96 | read: |
| 97 | 372.90 Transportation.--Regulated Poisonous or venomous |
| 98 | reptiles may be transported only in the following fashion: The |
| 99 | reptile, or reptiles shall be placed in a stout closely woven |
| 100 | cloth sack, tied or otherwise secured. This sack shall then be |
| 101 | placed in a box. The box shall be of strong material in solid |
| 102 | sheets, except for small air holes, which holes shall be |
| 103 | screened. Boxes containing poisonous or venomous snakes or other |
| 104 | reptiles shall be prominently labeled "Danger--Poisonous Snakes" |
| 105 | or "Danger--Poisonous Reptiles." |
| 106 | Section 6. Section 372.901, Florida Statutes, is amended |
| 107 | to read: |
| 108 | 372.901 Inspection and reporting.-- |
| 109 | (1) Regulated Poisonous or venomous reptiles, held in |
| 110 | captivity, shall be subject to inspection by an inspecting |
| 111 | officer from the Fish and Wildlife Conservation Commission. The |
| 112 | inspecting officer shall determine whether the said reptiles are |
| 113 | securely, properly, and safely penned. In the event that the |
| 114 | reptiles are not safely penned, the inspecting officer shall |
| 115 | report the situation in writing to the person or firm owning the |
| 116 | said reptiles. Failure of the owner or exhibitor to correct the |
| 117 | situation within 30 days after such written notice shall be |
| 118 | grounds for revocation of the license or permit of said owner or |
| 119 | exhibitor. |
| 120 | (2) The commission shall establish by rule a reporting |
| 121 | system for regulated reptiles. Such reports may include, but are |
| 122 | not limited to, information regarding: |
| 123 | (a) The purchase or other acquisition of a regulated |
| 124 | reptile. |
| 125 | (b) The possession of a regulated reptile. |
| 126 | (c) The sale, gift, or other transfer of a regulated |
| 127 | reptile. |
| 128 | (d) The death, destruction, or other disposition of a |
| 129 | regulated reptile. |
| 130 | Section 7. Section 372.91, Florida Statutes, is amended to |
| 131 | read: |
| 132 | 372.91 Who may open cages, pits, or other containers |
| 133 | housing regulated poisonous or venomous reptiles.--No person |
| 134 | except the licensee or her or his authorized employee shall open |
| 135 | any cage, pit, or other container which contains regulated |
| 136 | poisonous or venomous reptiles. |
| 137 | Section 8. Section 372.911, Florida Statutes, is |
| 138 | renumbered as section 372.0715, Florida Statutes. |
| 139 | Section 9. Section 372.912, Florida Statutes, is |
| 140 | renumbered as section 372.902, Florida Statutes, and amended to |
| 141 | read: |
| 142 | 372.902 372.912 Organized regulated poisonous reptile |
| 143 | hunts.-- |
| 144 | (1) All persons, firms, and corporations sponsoring and |
| 145 | conducting any organized regulated poisonous reptile hunt for |
| 146 | whatever purpose shall comply with the provisions of ss. 372.86- |
| 147 | 372.91. |
| 148 | (2) All persons participating in any organized regulated |
| 149 | poisonous reptile hunt in the state which is sponsored and |
| 150 | conducted by a nonprofit organization registered with the |
| 151 | Department of State under the provisions of chapter 617 shall be |
| 152 | exempt from the licensing provisions contained in ss. 372.86, |
| 153 | 372.87, and 372.88, only for the duration of said organized |
| 154 | hunt. |
| 155 | (3) All organized regulated poisonous reptile hunts in the |
| 156 | state shall be registered with the Fish and Wildlife |
| 157 | Conservation Commission and be subject to reasonable rules and |
| 158 | regulations promulgated by said commission. |
| 159 | Section 10. Section 372.92, Florida Statutes, is amended |
| 160 | to read: |
| 161 | 372.92 Rules and regulations; penalties.-- |
| 162 | (1) The Fish and Wildlife Conservation Commission may |
| 163 | prescribe such other rules and regulations as it may deem |
| 164 | necessary to prevent the escape of regulated poisonous and |
| 165 | venomous reptiles, either in connection of construction of such |
| 166 | cages 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- |
| 168 | 372.91 or any rule or regulation established under ss. 372.86- |
| 169 | 372.91 commits a misdemeanor of the first degree, punishable as |
| 170 | provided in s. 775.082 or s. 775.083. |
| 171 | (3) Any person who knowingly releases a regulated reptile |
| 172 | to the wild or who through gross negligence allows a regulated |
| 173 | reptile to escape commits a felony of the third degree, |
| 174 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 175 | Section 11. This act shall take effect July 1, 2006. |