HB 1459CS

CHAMBER ACTION



1The Agriculture & Environment Appropriations Committee
2recommends the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
7
A bill to be entitled
8An act relating to wildlife; amending s. 372.86, F.S.;
9requiring the Fish and Wildlife Conservation Commission to
10establish a list of reptiles of concern subject to
11regulation; authorizing the commission to adopt rules;
12amending s. 372.87, F.S.; requiring licensure for the
13capturing, keeping, possessing, or exhibiting of reptiles
14of concern; requiring fees collected for such licenses be
15deposited into the State Game Trust Fund; specifying the
16use of proceeds; amending s. 372.88, F.S.; providing for
17the bond required for the exhibition of venomous reptiles
18of concern to be payable to the commission; amending s.
19372.89, F.S.; requiring safe, secure, and proper housing
20of reptiles of concern; amending s. 372.90, F.S.;
21providing for the transportation of venomous reptiles of
22concern; directing the commission to establish
23requirements for such transportation; amending s. 372.901,
24F.S.; providing for the inspection of reptiles of concern;
25requiring the commission to establish a reporting system
26for certain activities related to reptiles of concern;
27amending s. 372.91, F.S.; restricting who may open cages,
28pits, or other containers housing venomous reptile of
29concern; renumbering s. 372.911, F.S., relating to
30rewards, to conform; repealing s. 372.912, F.S., relating
31to organized poisonous reptile hunts; amending s. 372.92,
32F.S.; providing criminal penalties for certain activities
33related to reptiles of concern; creating s. 372.935, F.S.;
34providing violation levels and applicable penalties
35relating to captive wildlife, including suspension or
36revocation of license; providing a continuing
37appropriation; providing an effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Section 372.86, Florida Statutes, is amended to
42read:
43     372.86  Capturing, possessing, transporting, or exhibiting
44reptiles of concern poisonous or venomous reptile; license
45required.--
46     (1)  The Fish and Wildlife Conservation Commission shall
47establish a list of reptiles of concern, including venomous,
48nonvenomous, native, nonnative, or other reptiles for which the
49capture, possession, transportation, or exhibition is regulated.
50The commission may adopt rules pursuant to ss. 120.536(1) and
51120.54 to implement the provisions of ss. 372.86-372.91.
52     (2)  No person, firm, or corporation shall capture, keep,
53possess, or exhibit any poisonous or venomous reptile of concern
54without first having obtained a special permit or license
55therefor from the Fish and Wildlife Conservation Commission as
56herein provided.
57     Section 2.  Section 372.87, Florida Statutes, is amended to
58read:
59     372.87  License fee; renewal, revocation.--The Fish and
60Wildlife Conservation Commission is hereby authorized and
61empowered to issue a license or permit for the capturing,
62keeping, possessing, or exhibiting of poisonous or venomous
63reptiles of concern, upon payment of an annual fee of $100 and
64upon assurance that all of the provisions of ss. 372.86-372.91
65and such other reasonable rules and regulations as said
66commission may prescribe will be fully complied with in all
67respects. Such permit may be revoked by the Fish and Wildlife
68Conservation Commission upon violation of any of the provisions
69of ss. 372.86-372.91 or upon violation of any of the rules and
70regulations prescribed by said commission relating to the
71capturing, keeping, possessing, and exhibiting of any reptile of
72concern poisonous and venomous reptiles. Such permits or
73licenses shall be for an annual period to be prescribed by the
74said commission and shall be renewable from year to year upon
75the payment of said fee and shall be subject to the same
76conditions, limitations, and restrictions as herein set forth.
77All moneys received pursuant to this section shall be deposited
78into the State Game Trust Fund to be used to implement,
79administer, enforce, and educate the public regarding ss.
80372.86-372.91.
81     Section 3.  Section 372.88, Florida Statutes, is amended to
82read:
83     372.88  Bond required, amount.--No person, party, firm, or
84corporation shall exhibit to the public either with or without
85charge, or admission fee any poisonous or venomous reptile of
86concern without having first posted a good and sufficient bond
87in writing in the penal sum of $1,000 payable to the Fish and
88Wildlife Conservation Commission Governor of the state, and the
89Governor's successors in office, conditioned that such exhibitor
90will indemnify and save harmless all persons from injury or
91damage from such poisonous or venomous reptiles of concern so
92exhibited and shall fully comply with all laws of the state and
93all rules and regulations of the Fish and Wildlife Conservation
94commission governing the capturing, keeping, possessing, or
95exhibiting of poisonous or venomous reptiles of concern;
96provided, however, that the aggregate liability of the surety
97for all such injuries or damages shall, in no event, exceed the
98penal sum of said bond. The surety for said bond must be a
99surety company authorized to do business under the laws of the
100state or in lieu of such a surety, cash in the sum of $1,000 may
101be posted with the said commission to ensure compliance with the
102conditions of said bond.
103     Section 4.  Section 372.89, Florida Statutes, is amended to
104read:
105     372.89  Safe housing required.--All persons, firms, or
106corporations licensed under this law to capture, keep, possess,
107or exhibit any reptile of concern poisonous or venomous reptiles
108shall provide safe, secure, and proper housing for said reptiles
109in cases, cages, pits, or enclosures. It shall be unlawful for
110any person, firm, or corporation, whether licensed hereunder or
111not, to capture, keep, possess, or exhibit any reptile of
112concern poisonous or venomous reptiles in any manner not
113approved as safe, secure, and proper by the Fish and Wildlife
114Conservation Commission.
115     Section 5.  Section 372.90, Florida Statutes, is amended to
116read:
117     372.90  Transportation.--Poisonous or Venomous reptiles of
118concern may be transported only in the following fashion: The
119reptile, or reptiles shall be placed in a stout closely woven
120cloth sack, tied or otherwise secured. This sack shall then be
121placed in a box. The box shall be of strong material in solid
122sheets, except for small air holes, which holes shall be
123screened. Boxes containing poisonous or venomous snakes or other
124reptiles shall be prominently labeled "Danger--Poisonous Snakes"
125or "Danger--Venomous Poisonous Reptiles." The commission shall
126establish by rule requirements for the transportation of
127venomous reptiles of concern.
128     Section 6.  Section 372.901, Florida Statutes, is amended
129to read:
130     372.901  Inspection and reporting.--
131     (1)  Poisonous or Venomous Reptiles of concern, held in
132captivity, are shall be subject to inspection by an inspecting
133officer from the Fish and Wildlife Conservation Commission. The
134inspecting officer shall determine whether the said reptiles are
135securely, properly, and safely penned. In the event that the
136reptiles are not safely penned, the inspecting officer shall
137report the situation in writing to the person or firm owning the
138said reptiles. Failure of the owner or exhibitor to correct the
139situation within 30 days after such written notice shall be
140grounds for revocation of the license or permit of said owner or
141exhibitor.
142     (2)  The commission shall establish by rule a reporting
143system for reptiles of concern. Such reports may include, but
144are not limited to, information regarding:
145     (a)  The capture, purchase, or other acquisition of a
146reptile of concern.
147     (b)  The possession of a reptile of concern.
148     (c)  The sale, gift, or other transfer of a reptile of
149concern.
150     (d)  The death, destruction, or other disposition of a
151reptile of concern.
152     Section 7.  Section 372.91, Florida Statutes, is amended to
153read:
154     372.91  Who may open cages, pits, or other containers
155housing poisonous or venomous reptiles of concern.--No person
156except the licensee or her or his authorized employee shall open
157any cage, pit, or other container which contains poisonous or
158venomous reptiles of concern.
159     Section 8.  Section 372.911, Florida Statutes, is
160renumbered as section 372.0715, Florida Statutes.
161     Section 9.  Section 372.912, Florida Statutes, is repealed.
162     Section 10.  Section 372.92, Florida Statutes, is amended
163to read:
164     372.92  Rules and regulations; penalties.--
165     (1)  The Fish and Wildlife Conservation Commission may
166prescribe such other rules and regulations as it may deem
167necessary to prevent the escape of poisonous and venomous
168reptiles of concern, either in connection of construction of
169such cages or otherwise to carry out the intent of ss. 372.86-
170372.91.
171     (2)  A person who knowingly releases a reptile of concern
172to the wild or who through gross negligence allows a reptile of
173concern to escape commits a Level Four violation, punishable as
174provided in s. 372.935.
175     Section 11.  Section 372.935, Florida Statutes, is created
176to read:
177     372.935  Captive wildlife penalties.--
178     (1)  LEVEL ONE.--Unless otherwise provided by law, the
179following classifications and penalties apply:
180     (a)  A person commits a Level One violation if she or he
181violates any of the following provisions:
182     1.  Rules or orders of the commission requiring free
183permits or other authorizations to possess captive wildlife.
184     2.  Rules or orders of the commission relating to the
185filing of reports or other documents required of persons who are
186licensed to possess captive wildlife.
187     3.  Rules or orders of the commission requiring permits to
188possess captive wildlife that a fee is charged for, when the
189person being charged was issued the permit and the permit has
190expired less than 1 year prior to the violation.
191     (b)  Any person cited for committing any offense classified
192as a Level One violation commits a noncriminal infraction,
193punishable as provided in this section.
194     (c)  Any person cited for committing a noncriminal
195infraction specified in paragraph (a) shall be cited to appear
196before the county court. The civil penalty for any noncriminal
197infraction is $50 if the person cited has not previously been
198found guilty of a Level One violation and $250 if the person
199cited has previously been found guilty of a Level One violation,
200except as otherwise provided in this subsection. Any person
201cited for failing to have a required permit or license shall pay
202an additional civil penalty in the amount of the license fee
203required.
204     (d)  Any person cited for an infraction under this
205subsection may:
206     1.  Post a bond, which shall be equal in amount to the
207applicable civil penalty; or
208     2.  Sign and accept a citation indicating a promise to
209appear before the county court. The officer may indicate on the
210citation the time and location of the scheduled hearing and
211shall indicate the applicable civil penalty.
212     (e)  Any person charged with a noncriminal infraction under
213this subsection may:
214     1.  Pay the civil penalty, either by mail or in person,
215within 30 days after the date of receiving the citation; or
216     2.  If the person has posted bond, forfeit bond by not
217appearing at the designated time and location.
218     (f)  If the person cited follows either of the procedures
219in subparagraph (e)1. or subparagraph (e)2., he or she shall be
220deemed to have admitted the infraction and to have waived his or
221her right to a hearing on the issue of commission of the
222infraction. Such admission shall not be used as evidence in any
223other proceedings except to determine the appropriate fine for
224any subsequent violations.
225     (g)  Any person who willfully refuses to post bond or
226accept and sign a summons commits a misdemeanor of the second
227degree, punishable as provided in s. 775.082 or s. 775.083. Any
228person who fails to pay the civil penalty specified in this
229subsection within 30 days after being cited for a noncriminal
230infraction or to appear before the court pursuant to this
231subsection commits a misdemeanor of the second degree,
232punishable as provided in s. 775.082 or s. 775.083.
233     (h)  Any person electing to appear before the county court
234or who is required to appear shall be deemed to have waived the
235limitations on the civil penalty specified in paragraph (c). The
236court, after a hearing, shall make a determination as to whether
237an infraction has been committed. If the commission of an
238infraction has been proven, the court may impose a civil penalty
239not less than those amounts in paragraph (c) and not to exceed
240$500.
241     (i)  At a hearing under this chapter, the commission of a
242charged infraction must be proved beyond a reasonable doubt.
243     (j)  If a person is found by the hearing official to have
244committed an infraction, she or he may appeal that finding to
245the circuit court.
246     (2)  LEVEL TWO.--Unless otherwise provided by law, the
247following classifications and penalties apply:
248     (a)  A person commits a Level Two violation if he or she
249violates any of the following provisions:
250     1.  Unless otherwise stated in subsection (1), rules or
251orders of the commission that require a person to pay a fee to
252obtain a permit to possess captive wildlife or that require the
253maintenance of records relating to captive wildlife.
254     2.  Rules or orders of the commission relating to captive
255wildlife not specified in subsection (1) or subsection (3).
256     3.  Rules or orders of the commission that require housing
257of wildlife in a safe manner when a violation results in an
258escape of wildlife other than Class I wildlife.
259     4.  Section 372.86, relating to possessing or exhibiting
260reptiles.
261     5.  Section 372.87, relating to licensing of reptiles.
262     6.  Section 372.88, relating to bonding requirements for
263exhibits.
264     7.  Section 372.89, relating to housing requirements.
265     8.  Section 372.90, relating to transportation.
266     9.  Section 372.901, relating to inspection.
267     10.  Section 372.91, relating to limitation of access to
268reptiles.
269     11.  Section 372.921, relating to exhibition or sale of
270wildlife.
271     12.  Section 372.922, relating to personal possession of
272wildlife.
273     (b)  A person who commits any offense classified as a Level
274Two violation and who has not been convicted of a violation that
275is classified as a Level Two or above within the past 3 years
276commits a misdemeanor of the second degree, punishable as
277provided in s. 775.082 or s. 775.083.
278     (c)  Unless otherwise stated in this subsection, a person
279who commits any offense classified as a Level Two violation
280within a 3-year period of any previous conviction of any offense
281classified as a Level Two violation or higher commits a
282misdemeanor of the first degree, punishable as provided in s.
283775.082 or s. 775.083 with a minimum mandatory fine of $250.
284     (d)  Unless otherwise stated in this subsection, a person
285who commits any offense classified as a Level Two violation
286within a 5-year period of any two previous convictions of
287offenses that are classified as Level Two violations or above
288commits a misdemeanor of the first degree, punishable as
289provided in s. 775.082 or s. 775.083, with a minimum mandatory
290fine of $500 and a suspension of all licenses issued under this
291chapter related to captive wildlife for 1 year.
292     (e)  A person who commits any offense classified as a Level
293Two violation within a 10-year period of any three previous
294convictions of offenses classified as Level Two violations or
295above commits a misdemeanor of the first degree, punishable as
296provided in s. 775.082 or s. 775.083, with a minimum mandatory
297fine of $750 and a suspension of all licenses issued under this
298chapter related to captive wildlife for 3 years.
299     (3)  LEVEL THREE.--Unless otherwise provided by law, the
300following classifications and penalties apply.
301     (a)  A person commits a Level Three violation if he or she
302violates any of the following provisions:
303     1.  Rules or orders of the commission that require housing
304of wildlife in a safe manner when a violation results in an
305escape of Class I wildlife.
306     2.  Rules or orders of the commission related to captive
307wildlife when the violation results in serious bodily injury to
308another person by captive wildlife which consists of a physical
309condition that creates a substantial risk of death, serious
310personal disfigurement, or protracted loss or impairment of the
311function of any bodily member or organ.
312     3.  Rules or orders of the commission relating to the use
313of gasoline or other chemical or gaseous substances on wildlife.
314     4.  Rules or orders of the commission prohibiting the
315release of wildlife for which only conditional possession is
316allowed.
317     5.  Rules or orders of the commission prohibiting knowingly
318entering false information on an application for a license or
319permit when the license or permit is to possess wildlife in
320captivity.
321     6.  Section 372.265, relating to illegal importation or
322introduction of foreign wildlife.
323     (b)1.  A person who commits any offense classified as a
324Level Three violation and who has not been convicted of a
325violation that is classified as a Level Three or above within
326the past 10 years commits a misdemeanor of the first degree,
327punishable as provided in s. 775.082 or s. 775.083.
328     2.  A person who commits any offense classified as a Level
329Three violation within a 10-year period of any previous
330conviction of any offense classified as a Level Three violation
331or above commits a misdemeanor of the first degree, punishable
332as provided in s. 775.082 or s. 775.083, with a minimum
333mandatory fine of $750 and a suspension of all licenses issued
334under this chapter relating to captive wildlife for 3 years.
335     (4)  LEVEL FOUR.--Unless otherwise provided by law, the
336following classifications and penalties apply.
337     (a)  A person commits a Level Four violation if he or she
338violates any of the following provisions:
339     1.  Section 370.081, relating to the illegal importation
340and possession of nonindigenous marine plants and animals.
341     2.  Section 372.92, relating to release of reptiles of
342concern.
343     3.  Rules or orders of the commission relating to the
344importation, possession, or release of fish and wildlife for
345which possession is prohibited.
346     (b)  A person who commits any offense classified as a Level
347Four violation commits a felony of the third degree, punishable
348as provided in s. 775.082 or s. 775.083, with a permanent
349revocation of all licenses or permits to possess captive
350wildlife issued under this chapter.
351     (5)  VIOLATIONS OF SECTION.--Unless otherwise provided in
352this chapter, a person who violates any provision of this
353section commits, for the first offense, a misdemeanor of the
354second degree, punishable as provided in s. 775.082 or s.
355775.083, and commits, for the second or any subsequent offense,
356a misdemeanor of the first degree, punishable as provided in s.
357775.082 or s. 775.083.
358     (6)  SUSPENSION OR REVOCATION OF LICENSE.--The court may
359order the suspension or revocation of any license or permit
360issued to a person to possess captive wildlife pursuant to this
361chapter if that person commits a criminal offense or a
362noncriminal infraction as specified under this section.
363     (7)  CONVICTION DEFINED.--For purposes of this section, the
364term "conviction" means any judicial disposition other than
365acquittal or dismissal.
366     (8)  COMMISSION LIMITATIONS.--Nothing in this section shall
367limit the commission from suspending or revoking any license to
368possess wildlife in captivity by administrative action in
369accordance with chapter 120. For purposes of administrative
370action, a conviction of a criminal offense shall mean any
371judicial disposition other than acquittal or dismissal.
372     Section 12.  Beginning in the 2006-2007 fiscal year, the
373sum of $300,000 is appropriated from the State Game Trust Fund
374to the Fish and Wildlife Conservation Commission on a recurring
375basis to implement the provisions of this act.
376     Section 13.  This act shall take effect October 1, 2006.


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