Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 990
                        Barcode 811104
                            CHAMBER ACTION
              Senate                               House
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       03/28/2006 03:33 PM         .                    
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11  The Committee on Agriculture (Haridopolos) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
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17  and insert:  
18         Section 1.  Section 372.86, Florida Statutes, is
19  amended to read:
20         372.86  Possessing or, exhibiting regulated poisonous
21  or venomous reptile; license required.--
22         (1)  The Fish and Wildlife Conservation Commission
23  shall establish a list of venomous, nonnative, or other
24  reptiles for which the possession, transportation, or
25  exhibition is regulated. The commission is authorized to adopt
26  rules pursuant to chapter 120 to implement the provisions of
27  ss. 372.86-372.91.
28         (2)  No person, firm, or corporation shall keep,
29  possess, or exhibit any regulated poisonous or venomous
30  reptile without first having obtained a special permit or
31  license therefor from the Fish and Wildlife Conservation
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 990 Barcode 811104 1 Commission as herein provided. 2 Section 2. Section 372.87, Florida Statutes, is 3 amended to read: 4 372.87 License fee; renewal, revocation.--The Fish and 5 Wildlife Conservation Commission is hereby authorized and 6 empowered to issue a license or permit for the keeping, 7 possessing, or exhibiting of regulated poisonous or venomous 8 reptiles, upon payment of an annual fee of $100 and upon 9 assurance that all of the provisions of ss. 372.86-372.91 and 10 such other reasonable rules and regulations as said commission 11 may prescribe will be fully complied with in all respects. 12 Such permit may be revoked by the Fish and Wildlife 13 Conservation Commission upon violation of any of the 14 provisions of ss. 372.86-372.91 or upon violation of any of 15 the rules and regulations prescribed by said commission 16 relating to the keeping, possessing, and exhibiting of any 17 regulated poisonous and venomous reptiles. Such permits or 18 licenses shall be for an annual period to be prescribed by the 19 said commission and shall be renewable from year to year upon 20 the payment of said fee and shall be subject to the same 21 conditions, limitations, and restrictions as herein set forth. 22 Section 3. Section 372.88, Florida Statutes, is 23 amended to read: 24 372.88 Bond required, amount.--No person, party, firm, 25 or corporation shall exhibit to the public either with or 26 without charge, or admission fee any regulated poisonous or 27 venomous reptile without having first posted a good and 28 sufficient bond in writing in the penal sum of $10,000 $1,000 29 payable to the Fish and Wildlife Conservation Commission 30 Governor of the state, and the Governor's successors in 31 office, conditioned that such exhibitor will indemnify and 2 4:21 PM 03/21/06 s0990d-ag26-e0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 990 Barcode 811104 1 save harmless all persons from injury or damage from such 2 regulated poisonous or venomous reptiles so exhibited and 3 shall fully comply with all laws of the state and all rules 4 and regulations of the Fish and Wildlife Conservation 5 commission governing the keeping, possessing, or exhibiting of 6 regulated poisonous or venomous reptiles; provided, however, 7 that the aggregate liability of the surety for all such 8 injuries or damages shall, in no event, exceed the penal sum 9 of said bond. The surety for said bond must be a surety 10 company authorized to do business under the laws of the state 11 or in lieu of such a surety, cash in the sum of $10,000 $1,000 12 may be posted with the said commission to ensure compliance 13 with the conditions of said bond. 14 Section 4. Section 372.89, Florida Statutes, is 15 amended to read: 16 372.89 Safe housing required.--All persons, firms, or 17 corporations licensed under this law to keep, possess, or 18 exhibit regulated poisonous or venomous reptiles shall provide 19 safe, secure, and proper housing for said reptiles in cases, 20 cages, pits, or enclosures. It shall be unlawful for any 21 person, firm, or corporation, whether licensed hereunder or 22 not, to keep, possess, or exhibit any regulated poisonous or 23 venomous reptiles in any manner not approved as safe, secure, 24 and proper by the Fish and Wildlife Conservation Commission. 25 Section 5. Section 372.90, Florida Statutes, is 26 amended to read: 27 372.90 Transportation.--Regulated Poisonous or 28 venomous reptiles may be transported only in the following 29 fashion: The reptile, or reptiles shall be placed in a stout 30 closely woven cloth sack, tied or otherwise secured. This sack 31 shall then be placed in a box. The box shall be of strong 3 4:21 PM 03/21/06 s0990d-ag26-e0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 990 Barcode 811104 1 material in solid sheets, except for small air holes, which 2 holes shall be screened. Boxes containing poisonous or 3 venomous snakes or other reptiles shall be prominently labeled 4 "Danger--Poisonous Snakes" or "Danger--Poisonous Reptiles." 5 Section 6. Section 372.901, Florida Statutes, is 6 amended to read: 7 372.901 Inspection and reporting.-- 8 (1) Regulated Poisonous or venomous reptiles, held in 9 captivity, shall be subject to inspection by an inspecting 10 officer from the Fish and Wildlife Conservation Commission. 11 The inspecting officer shall determine whether the said 12 reptiles are securely, properly, and safely penned. In the 13 event that the reptiles are not safely penned, the inspecting 14 officer shall report the situation in writing to the person or 15 firm owning the said reptiles. Failure of the owner or 16 exhibitor to correct the situation within 30 days after such 17 written notice shall be grounds for revocation of the license 18 or permit of said owner or exhibitor. 19 (2) The commission shall establish by rule a reporting 20 system for regulated reptiles. Such reports may include, but 21 are not limited to, information regarding: 22 (a) The purchase or other acquisition of a regulated 23 reptile. 24 (b) The possession of a regulated reptile. 25 (c) The sale, gift, or other transfer of a regulated 26 reptile. 27 (d) The death, destruction, or other disposition of a 28 regulated reptile. 29 Section 7. Section 372.91, Florida Statutes, is 30 amended to read: 31 372.91 Who may open cages, pits, or other containers 4 4:21 PM 03/21/06 s0990d-ag26-e0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 990 Barcode 811104 1 housing regulated poisonous or venomous reptiles.--No person 2 except the licensee or her or his authorized employee shall 3 open any cage, pit, or other container which contains 4 regulated poisonous or venomous reptiles. 5 Section 8. Section 372.911, Florida Statutes, is 6 renumbered as section 372.0715, Florida Statutes. 7 Section 9. Section 372.912, Florida Statutes, is 8 renumbered as section 372.902, Florida Statutes, and amended 9 to read: 10 372.902 372.912 Organized regulated poisonous reptile 11 hunts.-- 12 (1) All persons, firms, and corporations sponsoring 13 and conducting any organized regulated poisonous reptile hunt 14 for whatever purpose shall comply with the provisions of ss. 15 372.86-372.91. 16 (2) All persons participating in any organized 17 regulated poisonous reptile hunt in the state which is 18 sponsored and conducted by a nonprofit organization registered 19 with the Department of State under the provisions of chapter 20 617 shall be exempt from the licensing provisions contained in 21 ss. 372.86, 372.87, and 372.88, only for the duration of said 22 organized hunt. 23 (3) All organized regulated poisonous reptile hunts in 24 the state shall be registered with the Fish and Wildlife 25 Conservation Commission and be subject to reasonable rules and 26 regulations promulgated by said commission. 27 Section 10. Section 372.92, Florida Statutes, is 28 amended to read: 29 372.92 Rules and regulations; penalties.-- 30 (1) The Fish and Wildlife Conservation Commission may 31 prescribe such other rules and regulations as it may deem 5 4:21 PM 03/21/06 s0990d-ag26-e0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 990 Barcode 811104 1 necessary to prevent the escape of regulated poisonous and 2 venomous reptiles, either in connection of construction of 3 such cages or otherwise to carry out the intent of ss. 4 372.86-372.91. 5 (2) Any person who violates a provision of ss. 6 372.86-372.91 or any rule or regulation established under ss. 7 372.86-372.91 commits a misdemeanor of the first degree, 8 punishable as provided in s. 775.082 or s. 775.083. 9 (3) Any person who knowingly releases a regulated 10 reptile to the wild or who through gross negligence allows a 11 regulated reptile to escape commits a felony of the third 12 degree, punishable as provided in s. 775.082, s. 775.083, or 13 s. 775.084. 14 Section 11. This act shall take effect July 1, 2006. 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 Delete everything before the enacting clause 20 21 and insert: 22 A bill to be entitled 23 An act relating to regulated reptiles; amending 24 s. 372.86, F.S.; requiring the Fish and 25 Wildlife Conservation Commission to establish a 26 list of reptiles subject to regulation; 27 authorizing the commission to adopt rules; 28 amending s. 372.87, F.S.; requiring licensure 29 for the keeping, possessing, or exhibiting of 30 regulated reptiles; amending s. 372.88, F.S.; 31 increasing the required bond amount for the 6 4:21 PM 03/21/06 s0990d-ag26-e0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 990 Barcode 811104 1 exhibition of regulated reptiles; requiring 2 such bonds to be payable to the commission; 3 amending s. 372.89, F.S.; requiring safe, 4 secure, and proper housing of regulated 5 reptiles; amending s. 372.90, F.S.; providing 6 for the transportation of regulated reptiles; 7 amending s. 372.901, F.S.; providing for the 8 inspection of regulated reptiles; requiring the 9 commission to establish a reporting system for 10 certain activities related to regulated 11 reptiles; amending s. 372.91, F.S.; authorizing 12 certain persons to open regulated reptile 13 cages; renumbering s. 372.911, F.S., relating 14 to rewards, to conform; renumbering and 15 amending s. 372.912, F.S., relating to 16 organized regulated reptile hunts; amending s. 17 372.92, F.S.; providing criminal penalties for 18 certain activities related to regulated 19 reptiles; providing an effective date. 20 21 22 23 24 25 26 27 28 29 30 31 7 4:21 PM 03/21/06 s0990d-ag26-e0a