Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2766
Barcode 520552
CHAMBER ACTION
Senate House
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1 Comm: RE .
04/12/2007 06:34 PM .
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11 The Committee on Environmental Preservation and Conservation
12 (Jones) recommended the 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 Capturing, keeping, possessing, transporting,
21 or exhibiting poisonous or venomous reptiles or reptiles of
22 concern reptile; license required.--
23 (1) No person, firm, or corporation shall capture,
24 keep, possess, or exhibit any poisonous or venomous reptile or
25 reptile of concern without first having obtained a special
26 permit or license therefor from the Fish and Wildlife
27 Conservation Commission as herein provided in this section.
28 (2) The commission shall establish a list of reptiles
29 of concern, including venomous, nonvenomous, native,
30 nonnative, or other reptiles which require additional
31 regulation for capture, possession, transportation, or
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1 exhibition due to their nature, habits, status, or potential
2 to negatively impact the environment, ecology or humans.
3 (3) It shall be unlawful for any person, firm, or
4 corporation, whether licensed hereunder or not, to capture,
5 keep, possess, or exhibit any venomous reptile or reptile of
6 concern in any manner not approved as safe, secure, and proper
7 by the commission. Venomous reptiles or reptiles of concern
8 held in captivity are subject to inspection by the commission.
9 The commission shall determine whether the reptiles are
10 securely, safely, and properly penned. In the event that the
11 reptiles are not safely penned, the commission shall report
12 the situation in writing to the person, firm, or corporation
13 owning the reptiles. Failure of the person, firm, or
14 corporation to correct the situation within 30 days after such
15 written notice shall be grounds for revocation of the license
16 or permit of the person, firm, or corporation.
17 (4) Venomous reptiles or reptiles of concern shall be
18 transported in a safe, secure, and proper manner. The
19 commission shall establish by rule the requirements for the
20 transportation of venomous reptiles or reptiles of concern.
21 Section 2. Effective January 1, 2008, section 372.87,
22 Florida Statutes, is amended to read:
23 372.87 License fee; renewal, revocation.--
24 (1)(a) The Fish and Wildlife Conservation Commission
25 is hereby authorized and empowered to issue a license or
26 permit for the capturing, keeping, possessing, or exhibiting
27 of poisonous or venomous reptiles, upon payment of an annual
28 fee of $100 and upon assurance that all of the provisions of
29 ss. 372.86-372.92 372.86-372.91 and such other reasonable
30 rules and regulations as the said commission may prescribe
31 will be fully complied with in all respects.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2766
Barcode 520552
1 (b) The Fish and Wildlife Conservation Commission is
2 authorized and empowered to issue a license or permit for the
3 capturing, keeping, possessing, or exhibiting of reptiles of
4 concern upon payment of an annual fee not to exceed $100 and
5 upon assurance that all of the provisions of ss. 372.86-372.92
6 and such other reasonable rules and regulations as the
7 commission may prescribe will be fully complied with in all
8 respects. The annual fee for issuance or renewal of a license
9 or permit under this paragraph for reptiles of concern is
10 initially set at $100. However, the commission may reduce that
11 annual fee by rule if the commission determines that there is
12 general compliance with ss. 372.86-372.92 and that such
13 compliance allows for a reduction in fees to cover the costs
14 of administering and enforcing the reptiles of concern
15 program. The commission may issue a license or permit to an
16 applicant who has a current and valid license or permit for
17 venomous reptiles under paragraph (a) and meets all
18 requirements for the capturing, keeping, possessing, or
19 exhibiting of reptiles of concern, but shall not require
20 payment of an additional annual fee.
21 (2) Such permits or licenses permit may be revoked by
22 the Fish and Wildlife Conservation commission upon violation
23 of any of the provisions of ss. 372.86-372.92 372.86-372.91 or
24 upon violation of any of the rules and regulations prescribed
25 by the said commission relating to the capturing, keeping,
26 possessing, and exhibiting of any poisonous and venomous
27 reptiles or reptiles of concern. Such permits or licenses
28 shall be for an annual period to be prescribed by the said
29 commission and shall be renewable from year to year upon the
30 payment of said fee and shall be subject to the same
31 conditions, limitations, and restrictions as herein set forth
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2766
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1 in this section. All moneys received pursuant to this section
2 shall be deposited into the State Game Trust Fund to be used
3 to implement, administer, enforce, and educate the public
4 regarding ss. 372.86-372.92.
5 Section 3. Section 372.88, Florida Statutes, is
6 amended to read:
7 372.88 Bond required, amount.--No person, party, firm,
8 or corporation shall exhibit to the public either with or
9 without charge, or admission fee any poisonous or venomous
10 reptile or Class I wildlife, as defined by rule of the Fish
11 and Wildlife Conservation Commission, without having first
12 posted a good and sufficient bond in writing in the penal sum
13 of $10,000 $1,000 payable to the commission Governor of the
14 state, and the Governor's successors in office, conditioned
15 that such exhibitor will indemnify and save harmless all
16 persons from injury or damage from such poisonous or venomous
17 reptiles or Class I wildlife so exhibited and shall fully
18 comply with all laws of the state and all rules and
19 regulations of the Fish and Wildlife Conservation commission
20 governing the capturing, keeping, possessing, or exhibiting of
21 poisonous or venomous reptiles or Class I wildlife; provided,
22 however, that the aggregate liability of the surety for all
23 such injuries or damages shall, in no event, exceed the penal
24 sum of the said bond. The surety for the said bond must be a
25 surety company authorized to do business under the laws of the
26 state or in lieu of such a surety, cash in the sum of $10,000
27 $1,000 may be posted with the said commission to ensure
28 compliance with the conditions of the said bond. The
29 commission shall provide, by rule, for waiving the bond
30 requirement if it finds that surety bonds for this purpose are
31 generally unavailable within the State of Florida.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2766
Barcode 520552
1 Section 4. Sections 372.89, 372.90, 372.901, and
2 372.91, Florida Statutes, are repealed.
3 Section 5. Section 372.911, Florida Statutes, is
4 renumbered as section 372.0715, Florida Statutes.
5 Section 6. Section 372.92, Florida Statutes, is
6 amended to read:
7 372.92 Rules and regulations; penalties.--
8 (1) The Fish and Wildlife Conservation Commission may
9 prescribe such other rules and regulations as it may deem
10 necessary to prevent the escape of poisonous and venomous
11 reptiles or reptiles of concern, either in connection of
12 construction of such cages or otherwise to carry out the
13 intent of ss. 372.86-372.88 372.86-372.91.
14 (2) A person who knowingly releases a nonnative
15 venomous reptile or reptile of concern to the wild or who
16 through gross negligence allows a nonnative venomous reptile
17 or reptile of concern to escape commits a Level Three
18 violation, punishable as provided in s. 372.935.
19 Section 7. Section 372.935, Florida Statutes, is
20 amended to read:
21 (Substantial rewording of section. See
22 s. 372.935, F.S., for present text.)
23 372.935 Captive wildlife penalties.--
24 (1) LEVEL ONE.--Unless otherwise provided by law, the
25 following classifications and penalties apply:
26 (a) A person commits a Level One violation if he or
27 she violates any of the following provisions:
28 1. Rules or orders of the commission requiring free
29 permits or other authorizations to possess captive wildlife.
30 2. Rules or orders of the commission relating to the
31 filing of reports or other documents required of persons who
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 are licensed to possess captive wildlife.
2 3. Rules or orders of the commission requiring permits
3 to possess captive wildlife for which a fee is charged, when
4 the person being charged was issued the permit and the permit
5 has expired less than 1 year prior to the violation.
6 (b) Any person cited for committing any offense
7 classified as a Level One violation commits a noncriminal
8 infraction, punishable as provided in this section.
9 (c) Any person cited for committing a noncriminal
10 infraction specified in paragraph (a) shall be cited to appear
11 before the county court. The civil penalty for any noncriminal
12 infraction is $50 if the person cited has not previously been
13 found guilty of a Level One violation and $250 if the person
14 cited has previously been found guilty of a Level One
15 violation, except as otherwise provided in this subsection.
16 Any person cited for failing to have a required permit or
17 license shall pay an additional civil penalty in the amount of
18 the license fee required.
19 (d) Any person cited for an infraction under this
20 subsection may:
21 1. Post a bond, which shall be equal in amount to the
22 applicable civil penalty; or
23 2. Sign and accept a citation indicating a promise to
24 appear before the county court. The officer may indicate on
25 the citation the time and location of the scheduled hearing
26 and shall indicate the applicable civil penalty.
27 (e) Any person charged with a noncriminal infraction
28 under this subsection may:
29 1. Pay the civil penalty, either by mail or in person,
30 within 30 days after the date of receiving the citation; or
31 2. If the person has posted bond, forfeit bond by not
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 appearing at the designated time and location.
2 (f) If the person cited follows either of the
3 procedures in subparagraph (e)1. or subparagraph (e)2., he or
4 she shall be deemed to have admitted the infraction and to
5 have waived his or her right to a hearing on the issue of
6 commission of the infraction. Such admission shall not be used
7 as evidence in any other proceedings except to determine the
8 appropriate fine for any subsequent violations.
9 (g) Any person who willfully refuses to post bond or
10 accept and sign a summons commits a misdemeanor of the second
11 degree, punishable as provided in s. 775.082 or s. 775.083.
12 Any person who fails to pay the civil penalty specified in
13 this subsection within 30 days after being cited for a
14 noncriminal infraction or to appear before the court pursuant
15 to this subsection commits a misdemeanor of the second degree,
16 punishable as provided in s. 775.082 or s. 775.083.
17 (h) Any person electing to appear before the county
18 court or who is required to appear shall be deemed to have
19 waived the limitations on the civil penalty specified in
20 paragraph (c). The court, after a hearing, shall make a
21 determination as to whether an infraction has been committed.
22 If the commission of an infraction has been proven, the court
23 may impose a civil penalty not less than those amounts in
24 paragraph (c) and not to exceed $500.
25 (i) At a hearing under this chapter, the commission of
26 a charged infraction must be proved beyond a reasonable doubt.
27 (j) If a person is found by the hearing official to
28 have committed an infraction, she or he may appeal that
29 finding to the circuit court.
30 (2) LEVEL TWO.--Unless otherwise provided by law, the
31 following classifications and penalties apply:
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 (a) A person commits a Level Two violation if he or
2 she violates any of the following provisions:
3 1. Unless otherwise stated in subsection (1), rules or
4 orders of the commission that require a person to pay a fee to
5 obtain a permit to possess captive wildlife or that require
6 the maintenance of records relating to captive wildlife.
7 2. Rules or orders of the commission relating to
8 captive wildlife not specified in subsection (1) or subsection
9 (3).
10 3. Rules or orders of the commission that require
11 housing of wildlife in a safe manner when a violation results
12 in an escape of wildlife other than Class I wildlife.
13 4. Section 372.86, relating to capturing, keeping,
14 possessing, transporting, or exhibiting venomous reptiles or
15 reptiles of concern.
16 5. Section 372.87, relating to requiring a license or
17 permit for the capturing, keeping, possessing, or exhibiting
18 of venomous reptiles or reptiles of concern.
19 6. Section 372.88, relating to bonding requirements
20 for public exhibits of venomous reptiles.
21 7. Section 372.92, relating to commission rules and
22 regulations to prevent the escape of venomous reptiles or
23 reptiles of concern.
24 8. Section 372.921, relating to exhibition or sale of
25 wildlife.
26 9. Section 372.922, relating to personal possession of
27 wildlife.
28 (b) A person who commits any offense classified as a
29 Level Two violation and who has not been convicted of a Level
30 Two or higher violation within the past 3 years commits a
31 misdemeanor of the second degree, punishable as provided in s.
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1 775.082 or s. 775.083.
2 (c) Unless otherwise stated in this subsection, a
3 person who commits any offense classified as a Level Two
4 violation within a 3-year period of any previous conviction of
5 a Level Two or higher violation commits a misdemeanor of the
6 first degree, punishable as provided in s. 775.082 or s.
7 775.083 with a minimum mandatory fine of $250.
8 (d) Unless otherwise stated in this subsection, a
9 person who commits any offense classified as a Level Two
10 violation within a 5-year period of any two previous
11 convictions of Level Two or higher violations commits a
12 misdemeanor of the first degree, punishable as provided in s.
13 775.082 or s. 775.083, with a minimum mandatory fine of $500
14 and a suspension of all licenses issued under this chapter
15 related to captive wildlife for 1 year.
16 (e) A person who commits any offense classified as a
17 Level Two violation within a 10-year period of any three
18 previous convictions of Level Two or higher violations commits
19 a misdemeanor of the first degree, punishable as provided in
20 s. 775.082 or s. 775.083, with a minimum mandatory fine of
21 $750 and a suspension of all licenses issued under this
22 chapter related to captive wildlife for 3 years.
23 (3) LEVEL THREE.--Unless otherwise provided by law,
24 the following classifications and penalties apply:
25 (a) A person commits a Level Three violation if he or
26 she violates any of the following provisions:
27 1. Rules or orders of the commission that require
28 housing of wildlife in a safe manner when a violation results
29 in an escape of Class I wildlife.
30 2. Rules or orders of the commission related to
31 captive wildlife when the violation results in serious bodily
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 injury to another person by captive wildlife that consists of
2 a physical condition that creates a substantial risk of death,
3 serious personal disfigurement, or protracted loss or
4 impairment of the function of any bodily member or organ.
5 3. Rules or orders of the commission relating to the
6 use of gasoline or other chemical or gaseous substances on
7 wildlife.
8 4. Rules or orders of the commission prohibiting the
9 release of wildlife for which only conditional possession is
10 allowed.
11 5. Rules or orders of the commission prohibiting
12 knowingly entering false information on an application for a
13 license or permit when the license or permit is to possess
14 wildlife in captivity.
15 6. Section 372.265, relating to illegal importation or
16 introduction of foreign wildlife.
17 7. Section 370.081, relating to the illegal
18 importation and possession of nonindigenous marine plants and
19 animals.
20 8. Section 372.92, relating to release or escape of
21 nonnative venomous reptiles or reptiles of concern.
22 9. Rules or orders of the commission relating to the
23 importation, possession, or release of fish and wildlife for
24 which possession is prohibited.
25 (b)1. A person who commits any offense classified as a
26 Level Three violation and who has not been convicted of a
27 Level Three or higher violation within the past 10 years
28 commits a misdemeanor of the first degree, punishable as
29 provided in s. 775.082 or s. 775.083.
30 2. A person who commits any offense classified as a
31 Level Three violation within a 10-year period of any previous
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Florida Senate - 2007 COMMITTEE AMENDMENT
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Barcode 520552
1 conviction of a Level Three or higher violation commits a
2 misdemeanor of the first degree, punishable as provided in s.
3 775.082 or s. 775.083, with a minimum mandatory fine of $750
4 and permanent revocation of all licenses or permits to possess
5 captive wildlife issued under this chapter.
6 (4) LEVEL FOUR.--Unless otherwise provided by law, the
7 following classifications and penalties apply:
8 (a) A person commits a Level Four violation if he or
9 she violates any Level Three provision after the permanent
10 revocation of a license or permit.
11 (b) A person who commits any offense classified as a
12 Level Four violation commits a felony of the third degree,
13 punishable as provided in s. 775.082 or s. 775.083.
14 (5) SUSPENSION OR REVOCATION OF LICENSE.--The court
15 may order the suspension or revocation of any license or
16 permit issued to a person to possess captive wildlife pursuant
17 to this chapter if that person commits a criminal offense or a
18 noncriminal infraction as specified under this section.
19 (6) CONVICTION DEFINED.--For purposes of this section,
20 the term "conviction" means any judicial disposition other
21 than acquittal or dismissal.
22 (7) COMMISSION LIMITATIONS.--Nothing in this section
23 shall limit the commission from suspending or revoking any
24 license to possess wildlife in captivity by administrative
25 action in accordance with chapter 120. For purposes of
26 administrative action, a conviction of a criminal offense
27 shall mean any judicial disposition other than acquittal or
28 dismissal.
29 Section 8. For the 2007-2008 fiscal year, the sum of
30 $75,000 is appropriated from the State Game Trust Fund to the
31 Fish and Wildlife Conservation Commission for initial costs
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 associated with regulating venomous reptiles and reptiles of
2 concern.
3 Section 9. Except as otherwise expressly provided in
4 this act, this act shall take effect July 1, 2007.
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7 ================ T I T L E A M E N D M E N T ===============
8 And the title is amended as follows:
9 Delete everything before the enacting clause
10
11 and insert:
12 A bill to be entitled
13 An act relating to wildlife; amending s.
14 372.86, F.S.; requiring the Fish and Wildlife
15 Conservation Commission to establish a list of
16 reptiles of concern subject to regulation;
17 prohibiting the unlawful capturing, keeping,
18 possessing, transporting, or exhibiting of
19 venomous reptiles or reptiles of concern;
20 authorizing the commission to inspect venomous
21 reptiles or reptiles of concern held in
22 captivity; requiring written reports of
23 violations; authorizing the commission to
24 revoke licenses and permits under certain
25 circumstances; requiring the commission to
26 adopt rules for the transportation of venomous
27 reptiles or reptiles of concern; amending s.
28 372.87, F.S.; requiring licensure for the
29 capturing, keeping, possessing, or exhibiting
30 of venomous reptiles or reptiles of concern;
31 providing for fees; authorizing the commission
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 to reduce fees applicable to reptiles of
2 concern under certain circumstances; requiring
3 fee proceeds to be deposited into the State
4 Game Trust Fund; specifying uses of the
5 proceeds; amending s. 372.88, F.S.; providing
6 for the bond required for the exhibition of
7 venomous reptiles to be payable to the
8 commission; providing for regulation of the
9 capturing of venomous reptiles; repealing s.
10 372.89, F.S., relating to safe, secure, and
11 proper housing of poisonous or venomous
12 reptiles; repealing s. 372.90, F.S., relating
13 to the transportation of poisonous or venomous
14 reptiles; repealing s. 372.901, F.S., relating
15 to the inspection of poisonous or venomous held
16 in captivity; repealing s. 372.91, F.S.,
17 relating to who may open cages, pits, or other
18 containers housing poisonous or venomous
19 reptiles; renumbering s. 372.911, F.S.,
20 relating to rewards, to conform; amending s.
21 372.92, F.S.; providing criminal penalties for
22 certain activities related to venomous reptiles
23 or reptiles of concern; amending s. 372.935,
24 F.S.; providing violation levels and applicable
25 penalties relating to captive wildlife,
26 including suspension or revocation of license;
27 providing a definition; providing for
28 commission limitations in certain
29 administrative actions; providing an
30 appropriation; providing effective dates.
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