Senate Bill sb2766

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    Florida Senate - 2007                                  SB 2766

    By Senator Posey





    24-1267-07

  1                      A bill to be entitled

  2         An act relating to regulated reptiles; amending

  3         s. 372.86, F.S.; requiring the Fish and

  4         Wildlife Conservation Commission to establish a

  5         list of reptiles subject to regulation;

  6         authorizing the commission to adopt rules;

  7         amending s. 372.87, F.S.; requiring licensure

  8         for the keeping, possessing, or exhibiting of

  9         regulated reptiles; amending s. 372.88, F.S.;

10         increasing the required bond amount for the

11         exhibition of regulated reptiles; requiring

12         such bonds to be payable to the commission;

13         amending s. 372.89, F.S.; requiring safe,

14         secure, and proper housing of regulated

15         reptiles; amending s. 372.90, F.S.; providing

16         for the transportation of regulated reptiles;

17         amending s. 372.901, F.S.; providing for the

18         inspection of regulated reptiles; requiring the

19         commission to establish a reporting system for

20         certain activities related to regulated

21         reptiles; amending s. 372.91, F.S.; authorizing

22         certain persons to open regulated reptile

23         cages; renumbering s. 372.911, F.S., relating

24         to rewards, to conform; amending s. 372.92,

25         F.S.; providing criminal penalties for certain

26         activities related to regulated reptiles;

27         providing an effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

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    Florida Senate - 2007                                  SB 2766
    24-1267-07




 1         Section 1.  Section 372.86, Florida Statutes, is

 2  amended to read:

 3         372.86  Possessing or, exhibiting regulated poisonous

 4  or venomous reptile; license required.--

 5         (1)  The Fish and Wildlife Conservation Commission

 6  shall establish a list of venomous, nonnative, or other

 7  reptiles for which the possession, transportation, or

 8  exhibition is regulated. The commission is authorized to adopt

 9  rules pursuant to chapter 120 to implement the provisions of

10  ss. 372.86-372.91.

11         (2)  No person, firm, or corporation shall keep,

12  possess, or exhibit any regulated poisonous or venomous

13  reptile without first having obtained a special permit or

14  license therefor from the Fish and Wildlife Conservation

15  Commission as herein provided.

16         Section 2.  Section 372.87, Florida Statutes, is

17  amended to read:

18         372.87  License fee; renewal, revocation.--The Fish and

19  Wildlife Conservation Commission is hereby authorized and

20  empowered to issue a license or permit for the keeping,

21  possessing, or exhibiting of regulated poisonous or venomous

22  reptiles, upon payment of an annual fee of $100 and upon

23  assurance that all of the provisions of ss. 372.86-372.91 and

24  such other reasonable rules and regulations as said commission

25  may prescribe will be fully complied with in all respects.

26  Such permit may be revoked by the Fish and Wildlife

27  Conservation Commission upon violation of any of the

28  provisions of ss. 372.86-372.91 or upon violation of any of

29  the rules and regulations prescribed by said commission

30  relating to the keeping, possessing, and exhibiting of any

31  regulated poisonous and venomous reptiles. Such permits or

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    Florida Senate - 2007                                  SB 2766
    24-1267-07




 1  licenses shall be for an annual period to be prescribed by the

 2  said commission and shall be renewable from year to year upon

 3  the payment of said fee and shall be subject to the same

 4  conditions, limitations, and restrictions as herein set forth.

 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 regulated poisonous or

10  venomous reptile without having first posted a good and

11  sufficient bond in writing in the penal sum of $10,000 $1,000

12  payable to the Fish and Wildlife Conservation Commission

13  Governor of the state, and the Governor's successors in

14  office, conditioned that such exhibitor will indemnify and

15  save harmless all persons from injury or damage from such

16  regulated poisonous or venomous reptiles so exhibited and

17  shall fully comply with all laws of the state and all rules

18  and regulations of the Fish and Wildlife Conservation

19  commission governing the keeping, possessing, or exhibiting of

20  regulated poisonous or venomous reptiles; provided, however,

21  that the aggregate liability of the surety for all such

22  injuries or damages shall, in no event, exceed the penal sum

23  of said bond. The surety for said bond must be a surety

24  company authorized to do business under the laws of the state

25  or in lieu of such a surety, cash in the sum of $10,000 $1,000

26  may be posted with the said commission to ensure compliance

27  with the conditions of said bond.

28         Section 4.  Section 372.89, Florida Statutes, is

29  amended to read:

30         372.89  Safe housing required.--All persons, firms, or

31  corporations licensed under this law to keep, possess, or

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    Florida Senate - 2007                                  SB 2766
    24-1267-07




 1  exhibit regulated poisonous or venomous reptiles shall provide

 2  safe, secure, and proper housing for said reptiles in cases,

 3  cages, pits, or enclosures. It shall be unlawful for any

 4  person, firm, or corporation, whether licensed hereunder or

 5  not, to keep, possess, or exhibit any regulated poisonous or

 6  venomous reptiles in any manner not approved as safe, secure,

 7  and proper by the Fish and Wildlife Conservation Commission.

 8         Section 5.  Section 372.90, Florida Statutes, is

 9  amended to read:

10         372.90  Transportation.--Regulated Poisonous or

11  venomous reptiles may be transported only in the following

12  fashion: The reptile, or reptiles shall be placed in a stout

13  closely woven cloth sack, tied or otherwise secured. This sack

14  shall then be placed in a box. The box shall be of strong

15  material in solid sheets, except for small air holes, which

16  holes shall be screened. Boxes containing poisonous or

17  venomous snakes or other reptiles shall be prominently labeled

18  "Danger--Poisonous Snakes" or "Danger--Poisonous Reptiles."

19         Section 6.  Section 372.901, Florida Statutes, is

20  amended to read:

21         372.901  Inspection and reporting.--

22         (1)  Regulated Poisonous or venomous reptiles, held in

23  captivity, shall be subject to inspection by an inspecting

24  officer from the Fish and Wildlife Conservation Commission.

25  The inspecting officer shall determine whether the said

26  reptiles are securely, properly, and safely penned. In the

27  event that the reptiles are not safely penned, the inspecting

28  officer shall report the situation in writing to the person or

29  firm owning the said reptiles. Failure of the owner or

30  exhibitor to correct the situation within 30 days after such

31  

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    Florida Senate - 2007                                  SB 2766
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 1  written notice shall be grounds for revocation of the license

 2  or permit of said owner or exhibitor.

 3         (2)  The commission shall establish by rule a reporting

 4  system for regulated reptiles. Such reports may include, but

 5  are not limited to, information regarding:

 6         (a)  The purchase or other acquisition of a regulated

 7  reptile.

 8         (b)  The possession of a regulated reptile.

 9         (c)  The sale, gift, or other transfer of a regulated

10  reptile.

11         (d)  The death, destruction, or other disposition of a

12  regulated reptile.

13         Section 7.  Section 372.91, Florida Statutes, is

14  amended to read:

15         372.91  Who may open cages, pits, or other containers

16  housing regulated poisonous or venomous reptiles.--No person

17  except the licensee or her or his authorized employee shall

18  open any cage, pit, or other container which contains

19  regulated poisonous or venomous reptiles.

20         Section 8.  Section 372.911, Florida Statutes, is

21  renumbered as section 372.0715, Florida Statutes.

22         Section 9.  Section 372.92, Florida Statutes, is

23  amended to read:

24         372.92  Rules and regulations; penalties.--

25         (1)  The Fish and Wildlife Conservation Commission may

26  prescribe such other rules and regulations as it may deem

27  necessary to prevent the escape of regulated poisonous and

28  venomous reptiles, either in connection of construction of

29  such cages or otherwise to carry out the intent of ss.

30  372.86-372.91.

31  

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    Florida Senate - 2007                                  SB 2766
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 1         (2)  Any person who violates a provision of ss.

 2  372.86-372.91 or any rule or regulation established under ss.

 3  372.86-372.91 commits a misdemeanor of the first degree,

 4  punishable as provided in s. 775.082 or s. 775.083.

 5         (3)  Any person who knowingly releases a regulated

 6  reptile to the wild or who through gross negligence allows a

 7  regulated reptile to escape commits a misdemeanor of the first

 8  degree, punishable as provided in s. 775.082 or s. 775.083.

 9         Section 10.  This act shall take effect July 1, 2007.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Requires the Fish and Wildlife Conservation Commission to
      establish a list of reptiles subject to regulation.
14    Authorizes the commission to adopt rules. Requires
      licensure from the commission for the keeping,
15    possessing, or exhibiting of regulated reptiles.
      Increases the required bond amount for the exhibition of
16    regulated reptiles. Requires such bond to be paid to the
      commission. Requires safe, secure, and proper housing of
17    regulated reptiles. Provides for the transportation of
      regulated reptiles. Provides for the inspection of
18    regulated reptiles. Requires the commission to establish
      a reporting system for certain activities related to
19    regulated reptiles. Authorizes certain persons to open
      regulated reptile cages. Provides criminal penalties for
20    certain activities related to regulated reptiles.

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