1 | A bill to be entitled |
2 | An act relating to wildlife; amending s. 372.86, F.S.; |
3 | requiring the Fish and Wildlife Conservation Commission to |
4 | establish a list of reptiles of concern subject to |
5 | regulation; prohibiting the unlawful capturing, keeping, |
6 | possessing, transporting, or exhibiting of venomous |
7 | reptiles or reptiles of concern; authorizing the |
8 | commission to inspect venomous reptiles or reptiles of |
9 | concern held in captivity; requiring written reports of |
10 | violations; authorizing the commission to revoke licenses |
11 | and permits under certain circumstances; requiring the |
12 | commission to adopt rules for the transportation of |
13 | venomous reptiles or reptiles of concern; amending s. |
14 | 372.87, F.S.; requiring licensure for the capturing, |
15 | keeping, possessing, or exhibiting of venomous reptiles or |
16 | reptiles of concern; providing for fees; authorizing the |
17 | commission to reduce fees applicable to reptiles of |
18 | concern under certain circumstances; requiring fee |
19 | proceeds to be deposited into the State Game Trust Fund; |
20 | specifying uses of the proceeds; amending s. 372.88, F.S.; |
21 | providing for the bond required for the exhibition of |
22 | venomous reptiles to be payable to the commission; |
23 | providing for regulation of the capturing of venomous |
24 | reptiles; repealing s. 372.89, F.S., relating to safe, |
25 | secure, and proper housing of poisonous or venomous |
26 | reptiles; repealing s. 372.90, F.S., relating to the |
27 | transportation of poisonous or venomous reptiles; |
28 | repealing s. 372.901, F.S., relating to the inspection of |
29 | poisonous or venomous held in captivity; repealing s. |
30 | 372.91, F.S., relating to who may open cages, pits, or |
31 | other containers housing poisonous or venomous reptiles; |
32 | renumbering s. 372.911, F.S., relating to rewards, to |
33 | conform; amending s. 372.92, F.S.; providing criminal |
34 | penalties for certain activities related to venomous |
35 | reptiles or reptiles of concern; amending s. 372.935, |
36 | F.S.; providing violation levels and applicable penalties |
37 | relating to captive wildlife, including suspension or |
38 | revocation of license; providing a definition; providing |
39 | for commission limitations in certain administrative |
40 | actions; providing a continuing appropriation; providing |
41 | effective dates. |
42 |
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43 | Be It Enacted by the Legislature of the State of Florida: |
44 |
|
45 | Section 1. Section 372.86, Florida Statutes, is amended to |
46 | read: |
47 | 372.86 Capturing, keeping, possessing, transporting, or |
48 | exhibiting poisonous or venomous reptiles or reptiles of concern |
49 | reptile; license required.-- |
50 | (1) No person, firm, or corporation shall capture, keep, |
51 | possess, or exhibit any poisonous or venomous reptile or reptile |
52 | of concern without first having obtained a special permit or |
53 | license therefor from the Fish and Wildlife Conservation |
54 | Commission as herein provided in this section. |
55 | (2) The commission shall establish a list of reptiles of |
56 | concern, including venomous, nonvenomous, native, nonnative, or |
57 | other reptiles which require additional regulation for capture, |
58 | possession, transportation, or exhibition due to their nature, |
59 | habits, status, or potential to impact humans or the |
60 | environment. |
61 | (3) It shall be unlawful for any person, firm, or |
62 | corporation, whether licensed hereunder or not, to capture, |
63 | keep, possess, or exhibit any venomous reptile or reptile of |
64 | concern in any manner not approved as safe, secure, and proper |
65 | by the commission. Venomous reptiles or reptiles of concern held |
66 | in captivity are subject to inspection by the commission. The |
67 | commission shall determine whether the reptiles are securely, |
68 | safely, and properly penned. In the event that the reptiles are |
69 | not safely penned, the commission shall report the situation in |
70 | writing to the person, firm, or corporation owning the reptiles. |
71 | Failure of the person, firm, or corporation to correct the |
72 | situation within 30 days after such written notice shall be |
73 | grounds for revocation of the license or permit of the person, |
74 | firm, or corporation. |
75 | (4) Venomous reptiles or reptiles of concern shall be |
76 | transported in a safe, secure, and proper manner. The commission |
77 | shall establish by rule the requirements for the transportation |
78 | of venomous reptiles or reptiles of concern. |
79 | Section 2. Effective January 1, 2008, section 372.87, |
80 | Florida Statutes, is amended to read: |
81 | 372.87 License fee; renewal, revocation.-- |
82 | (1)(a) The Fish and Wildlife Conservation Commission is |
83 | hereby authorized and empowered to issue a license or permit for |
84 | the capturing, keeping, possessing, or exhibiting of poisonous |
85 | or venomous reptiles, upon payment of an annual fee of $100 and |
86 | upon assurance that all of the provisions of ss. 372.86-372.92 |
87 | 372.86-372.91 and such other reasonable rules and regulations as |
88 | the said commission may prescribe will be fully complied with in |
89 | all respects. |
90 | (b) The Fish and Wildlife Conservation Commission is |
91 | authorized and empowered to issue a license or permit for the |
92 | capturing, keeping, possessing, or exhibiting of reptiles of |
93 | concern upon payment of an annual fee not to exceed $100 and |
94 | upon assurance that all of the provisions of ss. 372.86-372.92 |
95 | and such other reasonable rules and regulations as the |
96 | commission may prescribe will be fully complied with in all |
97 | respects. The annual fee for issuance or renewal of a license or |
98 | permit under this paragraph for reptiles of concern is initially |
99 | set at $100. However, the commission may reduce that annual fee |
100 | by rule if the commission determines that there is general |
101 | compliance with ss. 372.86-372.92 and that such compliance |
102 | allows for a reduction in fees to cover the costs of |
103 | administering and enforcing the reptiles of concern program. The |
104 | commission may issue a license or permit to an applicant who has |
105 | a current and valid license or permit for venomous reptiles |
106 | under paragraph (a) and meets all requirements for the |
107 | capturing, keeping, possessing, or exhibiting of reptiles of |
108 | concern, but shall not require payment of an additional annual |
109 | fee. |
110 | (2) Such permits or licenses permit may be revoked by the |
111 | Fish and Wildlife Conservation commission upon violation of any |
112 | of the provisions of ss. 372.86-372.92 372.86-372.91 or upon |
113 | violation of any of the rules and regulations prescribed by the |
114 | said commission relating to the capturing, keeping, possessing, |
115 | and exhibiting of any poisonous and venomous reptiles or |
116 | reptiles of concern. Such permits or licenses shall be for an |
117 | annual period to be prescribed by the said commission and shall |
118 | be renewable from year to year upon the payment of said fee and |
119 | shall be subject to the same conditions, limitations, and |
120 | restrictions as herein set forth in this section. All moneys |
121 | received pursuant to this section shall be deposited into the |
122 | State Game Trust Fund to be used to implement, administer, |
123 | enforce, and educate the public regarding ss. 372.86-372.92. |
124 | Section 3. Section 372.88, Florida Statutes, is amended to |
125 | read: |
126 | 372.88 Bond required, amount.--No person, party, firm, or |
127 | corporation shall exhibit to the public either with or without |
128 | charge, or admission fee any poisonous or venomous reptile or |
129 | Class I wildlife, as defined by rule of the Fish and Wildlife |
130 | Conservation Commission, without having first posted a good and |
131 | sufficient bond in writing in the penal sum of $10,000 $1,000 |
132 | payable to the commission Governor of the state, and the |
133 | Governor's successors in office, conditioned that such exhibitor |
134 | will indemnify and save harmless all persons from injury or |
135 | damage from such poisonous or venomous reptiles or Class I |
136 | wildlife so exhibited and shall fully comply with all laws of |
137 | the state and all rules and regulations of the Fish and Wildlife |
138 | Conservation commission governing the capturing, keeping, |
139 | possessing, or exhibiting of poisonous or venomous reptiles or |
140 | Class I wildlife; provided, however, that the aggregate |
141 | liability of the surety for all such injuries or damages shall, |
142 | in no event, exceed the penal sum of the said bond. The surety |
143 | for the said bond must be a surety company authorized to do |
144 | business under the laws of the state or in lieu of such a |
145 | surety, cash in the sum of $10,000 $1,000 may be posted with the |
146 | said commission to ensure compliance with the conditions of the |
147 | said bond. |
148 | Section 4. Sections 372.89, 372.90, 372.901, and 372.91, |
149 | Florida Statutes, are repealed. |
150 | Section 5. Section 372.911, Florida Statutes, is |
151 | renumbered as section 372.0715, Florida Statutes. |
152 | Section 6. Section 372.92, Florida Statutes, is amended to |
153 | read: |
154 | 372.92 Rules and regulations; penalties.-- |
155 | (1) The Fish and Wildlife Conservation Commission may |
156 | prescribe such other rules and regulations as it may deem |
157 | necessary to prevent the escape of poisonous and venomous |
158 | reptiles or reptiles of concern, either in connection of |
159 | construction of such cages or otherwise to carry out the intent |
160 | of ss. 372.86-372.88 372.86-372.91. |
161 | (2) A person who knowingly releases a nonnative venomous |
162 | reptile or reptile of concern to the wild or who through gross |
163 | negligence allows a nonnative venomous reptile or reptile of |
164 | concern to escape commits a Level Three violation, punishable as |
165 | provided in s. 372.935. |
166 | Section 7. Section 372.935, Florida Statutes, is amended |
167 | to read: |
168 | (Substantial rewording of section. See |
169 | s. 372.935, F.S., for present text.) |
170 | 372.935 Captive wildlife penalties.-- |
171 | (1) LEVEL ONE.--Unless otherwise provided by law, the |
172 | following classifications and penalties apply: |
173 | (a) A person commits a Level One violation if he or she |
174 | violates any of the following provisions: |
175 | 1. Rules or orders of the commission requiring free |
176 | permits or other authorizations to possess captive wildlife. |
177 | 2. Rules or orders of the commission relating to the |
178 | filing of reports or other documents required of persons who are |
179 | licensed to possess captive wildlife. |
180 | 3. Rules or orders of the commission requiring permits to |
181 | possess captive wildlife for which a fee is charged, when the |
182 | person being charged was issued the permit and the permit has |
183 | expired less than 1 year prior to the violation. |
184 | (b) Any person cited for committing any offense classified |
185 | as a Level One violation commits a noncriminal infraction, |
186 | punishable as provided in this section. |
187 | (c) Any person cited for committing a noncriminal |
188 | infraction specified in paragraph (a) shall be cited to appear |
189 | before the county court. The civil penalty for any noncriminal |
190 | infraction is $50 if the person cited has not previously been |
191 | found guilty of a Level One violation and $250 if the person |
192 | cited has previously been found guilty of a Level One violation, |
193 | except as otherwise provided in this subsection. Any person |
194 | cited for failing to have a required permit or license shall pay |
195 | an additional civil penalty in the amount of the license fee |
196 | required. |
197 | (d) Any person cited for an infraction under this |
198 | subsection may: |
199 | 1. Post a bond, which shall be equal in amount to the |
200 | applicable civil penalty; or |
201 | 2. Sign and accept a citation indicating a promise to |
202 | appear before the county court. The officer may indicate on the |
203 | citation the time and location of the scheduled hearing and |
204 | shall indicate the applicable civil penalty. |
205 | (e) Any person charged with a noncriminal infraction under |
206 | this subsection may: |
207 | 1. Pay the civil penalty, either by mail or in person, |
208 | within 30 days after the date of receiving the citation; or |
209 | 2. If the person has posted bond, forfeit bond by not |
210 | appearing at the designated time and location. |
211 | (f) If the person cited follows either of the procedures |
212 | in subparagraph (e)1. or subparagraph (e)2., he or she shall be |
213 | deemed to have admitted the infraction and to have waived his or |
214 | her right to a hearing on the issue of commission of the |
215 | infraction. Such admission shall not be used as evidence in any |
216 | other proceedings except to determine the appropriate fine for |
217 | any subsequent violations. |
218 | (g) Any person who willfully refuses to post bond or |
219 | accept and sign a summons commits a misdemeanor of the second |
220 | degree, punishable as provided in s. 775.082 or s. 775.083. Any |
221 | person who fails to pay the civil penalty specified in this |
222 | subsection within 30 days after being cited for a noncriminal |
223 | infraction or to appear before the court pursuant to this |
224 | subsection commits a misdemeanor of the second degree, |
225 | punishable as provided in s. 775.082 or s. 775.083. |
226 | (h) Any person electing to appear before the county court |
227 | or who is required to appear shall be deemed to have waived the |
228 | limitations on the civil penalty specified in paragraph (c). The |
229 | court, after a hearing, shall make a determination as to whether |
230 | an infraction has been committed. If the commission of an |
231 | infraction has been proven, the court may impose a civil penalty |
232 | not less than those amounts in paragraph (c) and not to exceed |
233 | $500. |
234 | (i) At a hearing under this chapter, the commission of a |
235 | charged infraction must be proved beyond a reasonable doubt. |
236 | (j) If a person is found by the hearing official to have |
237 | committed an infraction, she or he may appeal that finding to |
238 | the circuit court. |
239 | (2) LEVEL TWO.--Unless otherwise provided by law, the |
240 | following classifications and penalties apply: |
241 | (a) A person commits a Level Two violation if he or she |
242 | violates any of the following provisions: |
243 | 1. Unless otherwise stated in subsection (1), rules or |
244 | orders of the commission that require a person to pay a fee to |
245 | obtain a permit to possess captive wildlife or that require the |
246 | maintenance of records relating to captive wildlife. |
247 | 2. Rules or orders of the commission relating to captive |
248 | wildlife not specified in subsection (1) or subsection (3). |
249 | 3. Rules or orders of the commission that require housing |
250 | of wildlife in a safe manner when a violation results in an |
251 | escape of wildlife other than Class I wildlife. |
252 | 4. Section 372.86, relating to capturing, keeping, |
253 | possessing, transporting, or exhibiting venomous reptiles or |
254 | reptiles of concern. |
255 | 5. Section 372.87, relating to requiring a license or |
256 | permit for the capturing, keeping, possessing, or exhibiting of |
257 | venomous reptiles or reptiles of concern. |
258 | 6. Section 372.88, relating to bonding requirements for |
259 | public exhibits of venomous reptiles. |
260 | 7. Section 372.92, relating to commission rules and |
261 | regulations to prevent the escape of venomous reptiles or |
262 | reptiles of concern. |
263 | 8. Section 372.921, relating to exhibition or sale of |
264 | wildlife. |
265 | 9. Section 372.922, relating to personal possession of |
266 | wildlife. |
267 | (b) A person who commits any offense classified as a Level |
268 | Two violation and who has not been convicted of a Level Two or |
269 | higher violation within the past 3 years commits a misdemeanor |
270 | of the second degree, punishable as provided in s. 775.082 or s. |
271 | 775.083. |
272 | (c) Unless otherwise stated in this subsection, a person |
273 | who commits any offense classified as a Level Two violation |
274 | within a 3-year period of any previous conviction of a Level Two |
275 | or higher violation commits a misdemeanor of the first degree, |
276 | punishable as provided in s. 775.082 or s. 775.083 with a |
277 | minimum mandatory fine of $250. |
278 | (d) Unless otherwise stated in this subsection, a person |
279 | who commits any offense classified as a Level Two violation |
280 | within a 5-year period of any two previous convictions of Level |
281 | Two or higher violations commits a misdemeanor of the first |
282 | degree, punishable as provided in s. 775.082 or s. 775.083, with |
283 | a minimum mandatory fine of $500 and a suspension of all |
284 | licenses issued under this chapter related to captive wildlife |
285 | for 1 year. |
286 | (e) A person who commits any offense classified as a Level |
287 | Two violation within a 10-year period of any three previous |
288 | convictions of Level Two or higher violations commits a |
289 | misdemeanor of the first degree, punishable as provided in s. |
290 | 775.082 or s. 775.083, with a minimum mandatory fine of $750 and |
291 | a suspension of all licenses issued under this chapter related |
292 | to captive wildlife for 3 years. |
293 | (3) LEVEL THREE.--Unless otherwise provided by law, the |
294 | following classifications and penalties apply: |
295 | (a) A person commits a Level Three violation if he or she |
296 | violates any of the following provisions: |
297 | 1. Rules or orders of the commission that require housing |
298 | of wildlife in a safe manner when a violation results in an |
299 | escape of Class I wildlife. |
300 | 2. Rules or orders of the commission related to captive |
301 | wildlife when the violation results in serious bodily injury to |
302 | another person by captive wildlife that consists of a physical |
303 | condition that creates a substantial risk of death, serious |
304 | personal disfigurement, or protracted loss or impairment of the |
305 | function of any bodily member or organ. |
306 | 3. Rules or orders of the commission relating to the use |
307 | of gasoline or other chemical or gaseous substances on wildlife. |
308 | 4. Rules or orders of the commission prohibiting the |
309 | release of wildlife for which only conditional possession is |
310 | allowed. |
311 | 5. Rules or orders of the commission prohibiting knowingly |
312 | entering false information on an application for a license or |
313 | permit when the license or permit is to possess wildlife in |
314 | captivity. |
315 | 6. Section 372.265, relating to illegal importation or |
316 | introduction of foreign wildlife. |
317 | 7. Section 370.081, relating to the illegal importation |
318 | and possession of nonindigenous marine plants and animals. |
319 | 8. Section 372.92, relating to release or escape of |
320 | nonnative venomous reptiles or reptiles of concern. |
321 | 9. Rules or orders of the commission relating to the |
322 | importation, possession, or release of fish and wildlife for |
323 | which possession is prohibited. |
324 | (b)1. A person who commits any offense classified as a |
325 | Level Three violation and who has not been convicted of a Level |
326 | Three or higher violation within the past 10 years commits a |
327 | misdemeanor of the first degree, punishable as provided in s. |
328 | 775.082 or s. 775.083. |
329 | 2. A person who commits any offense classified as a Level |
330 | Three violation within a 10-year period of any previous |
331 | conviction of a Level Three or higher violation commits a |
332 | misdemeanor of the first degree, punishable as provided in s. |
333 | 775.082 or s. 775.083, with a minimum mandatory fine of $750 and |
334 | permanent revocation of all licenses or permits to possess |
335 | captive wildlife issued under this chapter. |
336 | (4) LEVEL FOUR.--Unless otherwise provided by law, the |
337 | following classifications and penalties apply: |
338 | (a) A person commits a Level Four violation if he or she |
339 | violates any Level Three provision after the permanent |
340 | revocation of a license or permit. |
341 | (b) A person who commits any offense classified as a Level |
342 | Four violation commits a felony of the third degree, punishable |
343 | as provided in s. 775.082 or s. 775.083. |
344 | (5) SUSPENSION OR REVOCATION OF LICENSE.--The court may |
345 | order the suspension or revocation of any license or permit |
346 | issued to a person to possess captive wildlife pursuant to this |
347 | chapter if that person commits a criminal offense or a |
348 | noncriminal infraction as specified under this section. |
349 | (6) CONVICTION DEFINED.--For purposes of this section, the |
350 | term "conviction" means any judicial disposition other than |
351 | acquittal or dismissal. |
352 | (7) COMMISSION LIMITATIONS.--Nothing in this section shall |
353 | limit the commission from suspending or revoking any license to |
354 | possess wildlife in captivity by administrative action in |
355 | accordance with chapter 120. For purposes of administrative |
356 | action, a conviction of a criminal offense shall mean any |
357 | judicial disposition other than acquittal or dismissal. |
358 | Section 8. Beginning in the 2007-2008 fiscal year, the sum |
359 | of $300,000 is appropriated from the State Game Trust Fund to |
360 | the Fish and Wildlife Conservation Commission on a recurring |
361 | basis to implement the provisions of this act. |
362 | Section 9. Except as otherwise expressly provided in this |
363 | act, this act shall take effect July 1, 2007. |