Senate Bill sb2766c1

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    Florida Senate - 2007                           CS for SB 2766

    By the Committee on General Government Appropriations; and
    Senator Posey




    601-2496-07

  1                      A bill to be entitled

  2         An act relating to wildlife; amending s.

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

  4         Conservation Commission to establish a list of

  5         reptiles of concern subject to regulation;

  6         prohibiting the unlawful capturing, keeping,

  7         possessing, transporting, or exhibiting of

  8         venomous reptiles or reptiles of concern;

  9         authorizing the commission to inspect venomous

10         reptiles or reptiles of concern held in

11         captivity; requiring written reports of

12         violations; authorizing the commission to

13         revoke licenses and permits under certain

14         circumstances; requiring the commission to

15         adopt rules for the transportation of venomous

16         reptiles or reptiles of concern; amending s.

17         372.87, F.S.; requiring licensure for the

18         capturing, keeping, possessing, or exhibiting

19         of venomous reptiles or reptiles of concern;

20         providing for fees; authorizing the commission

21         to reduce fees applicable to reptiles of

22         concern under certain circumstances; requiring

23         fee proceeds to be deposited into the State

24         Game Trust Fund; specifying uses of the

25         proceeds; amending s. 372.88, F.S.; providing

26         for the bond required for the exhibition of

27         venomous reptiles to be payable to the

28         commission; providing for regulation of the

29         capturing of venomous reptiles; providing for

30         certain financial guarantees by Class I

31         wildlife exhibitors; providing rulemaking

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    Florida Senate - 2007                           CS for SB 2766
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 1         authority; repealing s. 372.89, F.S., relating

 2         to the safe, secure, and proper housing of

 3         poisonous or venomous reptiles; repealing s.

 4         372.90, F.S., relating to the transportation of

 5         poisonous or venomous reptiles; repealing s.

 6         372.901, F.S., relating to the inspection of

 7         poisonous or venomous held in captivity;

 8         repealing s. 372.91, F.S., relating to who may

 9         open cages, pits, or other containers housing

10         poisonous or venomous reptiles; renumbering s.

11         372.911, F.S., relating to rewards, to conform;

12         amending s. 372.92, F.S.; providing criminal

13         penalties for certain activities related to

14         venomous reptiles or reptiles of concern;

15         amending s. 372.935, F.S.; providing violation

16         levels and applicable penalties relating to

17         captive wildlife, including suspension or

18         revocation of license; providing a definition;

19         providing for commission limitations in certain

20         administrative actions; providing an

21         appropriation; providing effective dates.

22  

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

24  

25         Section 1.  Section 372.86, Florida Statutes, is

26  amended to read:

27         372.86  Capturing, keeping, possessing, transporting,

28  or exhibiting poisonous or venomous reptiles or reptiles of

29  concern reptile; license required.--

30         (1)  No person, firm, or corporation shall capture,

31  keep, possess, or exhibit any poisonous or venomous reptile or

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    Florida Senate - 2007                           CS for SB 2766
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 1  reptile of concern without first having obtained a special

 2  permit or license therefor from the Fish and Wildlife

 3  Conservation Commission as herein provided in this section.

 4         (2)  By December 31, 2007, the commission shall

 5  establish a list of reptiles of concern, including venomous,

 6  nonvenomous, native, nonnative, or other reptiles, which

 7  require additional regulation for capture, possession,

 8  transportation, or exhibition due to their nature, habits,

 9  status, or potential to negatively impact the environment,

10  ecology, or humans.

11         (3)  It shall be unlawful for any person, firm, or

12  corporation, whether licensed hereunder or not, to capture,

13  keep, possess, or exhibit any venomous reptile or reptile of

14  concern in any manner not approved as safe, secure, and proper

15  by the commission. Venomous reptiles or reptiles of concern

16  held in captivity are subject to inspection by the commission.

17  The commission shall determine whether the reptiles are

18  securely, safely, and properly penned. In the event that the

19  reptiles are not safely penned, the commission shall report

20  the situation in writing to the person, firm, or corporation

21  owning the reptiles. Failure of the person, firm, or

22  corporation to correct the situation within 30 days after such

23  written notice shall be grounds for revocation of the license

24  or permit of the person, firm, or corporation.

25         (4)  Venomous reptiles or reptiles of concern shall be

26  transported in a safe, secure, and proper manner. The

27  commission shall establish by rule the requirements for the

28  transportation of venomous reptiles or reptiles of concern.

29         Section 2.  Effective January 1, 2008, section 372.87,

30  Florida Statutes, is amended to read:

31         372.87  License fee; renewal, revocation.--

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 1         (1)(a)  The Fish and Wildlife Conservation Commission

 2  is hereby authorized and empowered to issue a license or

 3  permit for the capturing, keeping, possessing, or exhibiting

 4  of poisonous or venomous reptiles, upon payment of an annual

 5  fee of $100 and upon assurance that all of the provisions of

 6  ss. 372.86-372.92 ss. 372.86-372.91 and such other reasonable

 7  rules and regulations as the said commission may prescribe

 8  will be fully complied with in all respects.

 9         (b)  The Fish and Wildlife Conservation Commission is

10  authorized and empowered to issue a license or permit for the

11  capturing, keeping, possessing, or exhibiting of reptiles of

12  concern upon payment of an annual fee not to exceed $100 and

13  upon assurance that all of the provisions of ss. 372.86-372.92

14  and such other reasonable rules and regulations as the

15  commission may prescribe will be fully complied with in all

16  respects. The annual fee for issuance or renewal of a license

17  or permit under this paragraph for reptiles of concern is

18  initially set at $100. However, the commission may reduce that

19  annual fee by rule if the commission determines that there is

20  general compliance with ss. 372.86-372.92 and that such

21  compliance allows for a reduction in fees to cover the costs

22  of administering and enforcing the reptiles of concern

23  program. The commission may issue a license or permit to an

24  applicant who holds a current and valid license or permit for

25  venomous reptiles under paragraph (a) and meets all

26  requirements for the capturing, keeping, possessing, or

27  exhibiting of reptiles of concern, but shall not require

28  payment of an additional annual fee.

29         (2)  Such permits or licenses permit may be revoked by

30  the Fish and Wildlife Conservation commission upon violation

31  of any of the provisions of ss. 372.86-372.92 ss.

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    Florida Senate - 2007                           CS for SB 2766
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 1  372.86-372.91 or upon violation of any of the rules and

 2  regulations prescribed by the said commission relating to the

 3  capturing, keeping, possessing, and exhibiting of any

 4  poisonous and venomous reptiles or reptiles of concern. Such

 5  permits or licenses shall be for an annual period to be

 6  prescribed by the said commission and shall be renewable from

 7  year to year upon the payment of said fee and shall be subject

 8  to the same conditions, limitations, and restrictions as

 9  herein set forth in this section. All moneys received pursuant

10  to this section shall be deposited into the State Game Trust

11  Fund to be used to implement, administer, enforce, and educate

12  the public regarding ss. 372.86-372.92.

13         Section 3.  Section 372.88, Florida Statutes, is

14  amended to read:

15         372.88  Bond required, amount.--

16         (1)  No person, party, firm, or corporation shall

17  exhibit to the public either with or without charge, or

18  admission fee any poisonous or venomous reptile without having

19  first posted a good and sufficient bond in writing in the

20  penal sum of $10,000 $1,000 payable to the commission Governor

21  of the state, and the Governor's successors in office,

22  conditioned that such exhibitor will indemnify and save

23  harmless all persons from injury or damage from such poisonous

24  or venomous reptiles so exhibited and shall fully comply with

25  all laws of the state and all rules and regulations of the

26  Fish and Wildlife Conservation commission governing the

27  capturing, keeping, possessing, or exhibiting of poisonous or

28  venomous reptiles; provided, however, that the aggregate

29  liability of the surety for all such injuries or damages

30  shall, in no event, exceed the penal sum of the said bond. The

31  surety for the said bond must be a surety company authorized

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    Florida Senate - 2007                           CS for SB 2766
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 1  to do business under the laws of the state or in lieu of such

 2  a surety, cash in the sum of $10,000 $1,000 may be posted with

 3  the said commission to ensure compliance with the conditions

 4  of the said bond.

 5         (2)  No person, party, firm, or corporation shall

 6  exhibit to the public either with or without charge or

 7  admission fee, any Class I wildlife, as defined in s. 372.922

 8  and ch. 68A-6, Florida Administrative Code, without having

 9  first guaranteed financial responsibility, in the sum of

10  $10,000, for any liability which may be incurred in the

11  exhibition to the public of Class I wildlife. The commission

12  shall adopt, by rule, the methods of payment that satisfy the

13  financial responsibility, which may include cash, the

14  establishment of a trust fund, an irrevocable letter of

15  credit, casualty insurance, a corporate guarantee, or any

16  combination thereof, in the sum of $10,000 which shall be

17  posted with the commission. In lieu of the $10,000 financial

18  responsibility guarantee required in this paragraph, the

19  exhibiter has the option to maintain comprehensive general

20  liability insurance, with minimum limits of $2 million per

21  occurrence and $2 million annual aggregate, as shall protect

22  the exhibiter from claims for damage for personal injury,

23  including accidental death, as well as claims for property

24  damage which may arise. Proof of such insurance shall be

25  submitted to the commission.

26         Section 4.  Sections 372.89, 372.90, 372.901, and

27  372.91, Florida Statutes, are repealed.

28         Section 5.  Section 372.911, Florida Statutes, is

29  renumbered as section 372.0715, Florida Statutes.

30         Section 6.  Section 372.92, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2007                           CS for SB 2766
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 1         372.92  Rules and regulations; penalties.--

 2         (1)  The Fish and Wildlife Conservation Commission may

 3  prescribe such other rules and regulations as it may deem

 4  necessary to prevent the escape of poisonous and venomous

 5  reptiles or reptiles of concern, either in connection of

 6  construction of such cages or otherwise to carry out the

 7  intent of ss. 372.86-372.88 ss. 372.86-372.91.

 8         (2)  A person who knowingly releases a nonnative

 9  venomous reptile or reptile of concern to the wild or who

10  through gross negligence allows a nonnative venomous reptile

11  or reptile of concern to escape commits a Level Three

12  violation, punishable as provided in s. 372.935.

13         Section 7.  Section 372.935, Florida Statutes, is

14  amended to read:

15         (Substantial rewording of section. See

16         s. 372.935, F.S., for present text.)

17         372.935  Captive wildlife penalties.--

18         (1)  LEVEL ONE.--Unless otherwise provided by law, the

19  following classifications and penalties apply:

20         (a)  A person commits a Level One violation if he or

21  she violates any of the following provisions:

22         1.  Rules or orders of the commission requiring free

23  permits or other authorizations to possess captive wildlife.

24         2.  Rules or orders of the commission relating to the

25  filing of reports or other documents required of persons who

26  are licensed to possess captive wildlife.

27         3.  Rules or orders of the commission requiring permits

28  to possess captive wildlife for which a fee is charged, when

29  the person being charged was issued the permit and the permit

30  has expired less than 1 year prior to the violation.

31  

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    Florida Senate - 2007                           CS for SB 2766
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 1         (b)  Any person cited for committing any offense

 2  classified as a Level One violation commits a noncriminal

 3  infraction, punishable as provided in this section.

 4         (c)  Any person cited for committing a noncriminal

 5  infraction specified in paragraph (a) shall be cited to appear

 6  before the county court. The civil penalty for any noncriminal

 7  infraction is $50 if the person cited has not previously been

 8  found guilty of a Level One violation and $250 if the person

 9  cited has previously been found guilty of a Level One

10  violation, except as otherwise provided in this subsection.

11  Any person cited for failing to have a required permit or

12  license shall pay an additional civil penalty in the amount of

13  the license fee required.

14         (d)  Any person cited for an infraction under this

15  subsection may:

16         1.  Post a bond, which shall be equal in amount to the

17  applicable civil penalty; or

18         2.  Sign and accept a citation indicating a promise to

19  appear before the county court. The officer may indicate on

20  the citation the time and location of the scheduled hearing

21  and shall indicate the applicable civil penalty.

22         (e)  Any person charged with a noncriminal infraction

23  under this subsection may:

24         1.  Pay the civil penalty, either by mail or in person,

25  within 30 days after the date of receiving the citation; or

26         2.  If the person has posted bond, forfeit bond by not

27  appearing at the designated time and location.

28         (f)  If the person cited follows either of the

29  procedures in subparagraph (e)1. or subparagraph (e)2., he or

30  she shall be deemed to have admitted the infraction and to

31  have waived his or her right to a hearing on the issue of

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 1  commission of the infraction. Such admission shall not be used

 2  as evidence in any other proceedings except to determine the

 3  appropriate fine for any subsequent violations.

 4         (g)  Any person who willfully refuses to post bond or

 5  accept and sign a summons commits a misdemeanor of the second

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

 7  Any person who fails to pay the civil penalty specified in

 8  this subsection within 30 days after being cited for a

 9  noncriminal infraction or to appear before the court pursuant

10  to this subsection commits a misdemeanor of the second degree,

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

12         (h)  Any person electing to appear before the county

13  court or who is required to appear shall be deemed to have

14  waived the limitations on the civil penalty specified in

15  paragraph (c). The court, after a hearing, shall make a

16  determination as to whether an infraction has been committed.

17  If the commission of an infraction has been proven, the court

18  may impose a civil penalty not less than those amounts in

19  paragraph (c) and not to exceed $500.

20         (i)  At a hearing under this chapter, the commission of

21  a charged infraction must be proved beyond a reasonable doubt.

22         (j)  If a person is found by the hearing official to

23  have committed an infraction, she or he may appeal that

24  finding to the circuit court.

25         (2)  LEVEL TWO.--Unless otherwise provided by law, the

26  following classifications and penalties apply:

27         (a)  A person commits a Level Two violation if he or

28  she violates any of the following provisions:

29         1.  Unless otherwise stated in subsection (1), rules or

30  orders of the commission that require a person to pay a fee to

31  

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 1  obtain a permit to possess captive wildlife or that require

 2  the maintenance of records relating to captive wildlife.

 3         2.  Rules or orders of the commission relating to

 4  captive wildlife not specified in subsection (1) or subsection

 5  (3).

 6         3.  Rules or orders of the commission that require

 7  housing of wildlife in a safe manner when a violation results

 8  in an escape of wildlife other than Class I wildlife.

 9         4.  Section 372.86, relating to capturing, keeping,

10  possessing, transporting, or exhibiting venomous reptiles or

11  reptiles of concern.

12         5.  Section 372.87, relating to requiring a license or

13  permit for the capturing, keeping, possessing, or exhibiting

14  of venomous reptiles or reptiles of concern.

15         6.  Section 372.88, relating to bonding requirements

16  for public exhibits of venomous reptiles.

17         7.  Section 372.92, relating to commission rules and

18  regulations to prevent the escape of venomous reptiles or

19  reptiles of concern.

20         8.  Section 372.921, relating to exhibition or sale of

21  wildlife.

22         9.  Section 372.922, relating to personal possession of

23  wildlife.

24         (b)  A person who commits any offense classified as a

25  Level Two violation and who has not been convicted of a Level

26  Two or higher violation within the past 3 years commits a

27  misdemeanor of the second degree, punishable as provided in s.

28  775.082 or s. 775.083.

29         (c)  Unless otherwise stated in this subsection, a

30  person who commits any offense classified as a Level Two

31  violation within a 3-year period of any previous conviction of

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 1  a Level Two or higher violation commits a misdemeanor of the

 2  first degree, punishable as provided in s. 775.082 or s.

 3  775.083 with a minimum mandatory fine of $250.

 4         (d)  Unless otherwise stated in this subsection, a

 5  person who commits any offense classified as a Level Two

 6  violation within a 5-year period of any two previous

 7  convictions of Level Two or higher violations commits a

 8  misdemeanor of the first degree, punishable as provided in s.

 9  775.082 or s. 775.083, with a minimum mandatory fine of $500

10  and a suspension of all licenses issued under this chapter

11  related to captive wildlife for 1 year.

12         (e)  A person who commits any offense classified as a

13  Level Two violation within a 10-year period of any three

14  previous convictions of Level Two or higher violations commits

15  a misdemeanor of the first degree, punishable as provided in

16  s. 775.082 or s. 775.083, with a minimum mandatory fine of

17  $750 and a suspension of all licenses issued under this

18  chapter related to captive wildlife for 3 years.

19         (3)  LEVEL THREE.--Unless otherwise provided by law,

20  the following classifications and penalties apply:

21         (a)  A person commits a Level Three violation if he or

22  she violates any of the following provisions:

23         1.  Rules or orders of the commission that require

24  housing of wildlife in a safe manner when a violation results

25  in an escape of Class I wildlife.

26         2.  Rules or orders of the commission related to

27  captive wildlife when the violation results in serious bodily

28  injury to another person by captive wildlife that consists of

29  a physical condition that creates a substantial risk of death,

30  serious personal disfigurement, or protracted loss or

31  impairment of the function of any bodily member or organ.

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 1         3.  Rules or orders of the commission relating to the

 2  use of gasoline or other chemical or gaseous substances on

 3  wildlife.

 4         4.  Rules or orders of the commission prohibiting the

 5  release of wildlife for which only conditional possession is

 6  allowed.

 7         5.  Rules or orders of the commission prohibiting

 8  knowingly entering false information on an application for a

 9  license or permit when the license or permit is to possess

10  wildlife in captivity.

11         6.  Section 372.265, relating to illegal importation or

12  introduction of foreign wildlife.

13         7.  Section 370.081, relating to the illegal

14  importation and possession of nonindigenous marine plants and

15  animals.

16         8.  Section 372.92, relating to release or escape of

17  nonnative venomous reptiles or reptiles of concern.

18         9.  Rules or orders of the commission relating to the

19  importation, possession, or release of fish and wildlife for

20  which possession is prohibited.

21         (b)1.  A person who commits any offense classified as a

22  Level Three violation and who has not been convicted of a

23  Level Three or higher violation within the past 10 years

24  commits a misdemeanor of the first degree, punishable as

25  provided in s. 775.082 or s. 775.083.

26         2.  A person who commits any offense classified as a

27  Level Three violation within a 10-year period of any previous

28  conviction of a Level Three or higher violation commits a

29  misdemeanor of the first degree, punishable as provided in s.

30  775.082 or s. 775.083, with a minimum mandatory fine of $750

31  

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 1  and permanent revocation of all licenses or permits to possess

 2  captive wildlife issued under this chapter.

 3         (4)  LEVEL FOUR.--Unless otherwise provided by law, the

 4  following classifications and penalties apply:

 5         (a)  A person commits a Level Four violation if he or

 6  she violates any Level Three provision after the permanent

 7  revocation of a license or permit.

 8         (b)  A person who commits any offense classified as a

 9  Level Four violation commits a felony of the third degree,

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

11         (5)  SUSPENSION OR REVOCATION OF LICENSE.--The court

12  may order the suspension or revocation of any license or

13  permit issued to a person to possess captive wildlife pursuant

14  to this chapter if that person commits a criminal offense or a

15  noncriminal infraction as specified under this section.

16         (6)  CONVICTION DEFINED.--For purposes of this section,

17  the term "conviction" means any judicial disposition other

18  than acquittal or dismissal.

19         (7)  COMMISSION LIMITATIONS.--Nothing in this section

20  shall limit the commission from suspending or revoking any

21  license to possess wildlife in captivity by administrative

22  action in accordance with chapter 120. For purposes of

23  administrative action, a conviction of a criminal offense

24  shall mean any judicial disposition other than acquittal or

25  dismissal.

26         Section 8.  For the 2007-2008 fiscal year, the sum of

27  $75,000 is appropriated from the State Game Trust Fund to the

28  Fish and Wildlife Conservation Commission for initial costs

29  associated with regulating venomous reptiles and reptiles of

30  concern.

31  

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 1         Section 9.  Except as otherwise expressly provided in

 2  this act, this act shall take effect July 1, 2007.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                             SB 2766

 6                                 

 7  Requires the Fish and Wildlife Conservation Commission
    (commission) to establish a list of reptiles of concern that
 8  can negatively impact the environment, the ecology, or humans.

 9  Defines circumstances to which a license is required for
    venomous reptiles or reptiles of concern.
10  
    Establishes that it is unlawful to possess, keep, capture, or
11  exhibit venomous reptiles or reptiles of concern in any manner
    not approved as safe, secure, and proper by the commission.
12  
    Establishes an annual fee not to exceed $100 for the
13  capturing, keeping, possessing, or exhibiting of reptiles of
    concern, to be deposited into the State Game Trust Fund within
14  the commission.

15  Increases the bond requirement for venomous reptiles from
    $1,000 to $10,000.
16  
    Requires persons who exhibit Class I wildlife to provide
17  guaranteed financial responsibility to the commission in the
    amount of $10,000 or to maintain comprehensive general
18  liability insurance in the amount of $2 million, for any
    liability incurred in the exhibition to the public of such
19  wildlife.

20  Makes the knowing release of a non-native venomous reptile or
    reptile of concern to the wild a Level Three violation.
21  
    Appropriates $75,000 for the 2007-2008 fiscal year from the
22  State Game Trust Fund to the commission for costs associated
    with regulating venomous reptiles and reptiles of concern.
23  

24  

25  

26  

27  

28  

29  

30  

31  

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