| 1 | A bill to be entitled |
| 2 | An act relating to wildlife regulation; amending s. |
| 3 | 379.231, F.S.; revising provisions relating to the sale, |
| 4 | use, or release of nonnative animals; amending s. 379.372, |
| 5 | F.S.; prohibiting any person from keeping, possessing, |
| 6 | importing, selling, bartering, trading, or breeding |
| 7 | certain specified reptile species, including reptiles |
| 8 | designated as conditional or prohibited species by the |
| 9 | Fish and Wildlife Conservation Commission; providing |
| 10 | certain exceptions applicable to reptiles for which the |
| 11 | owner holds a permit or license issued before or after |
| 12 | specified dates; providing an exemption for specified |
| 13 | exhibitors and zoological facilities; amending s. 379.374, |
| 14 | F.S.; providing bonding requirements for the possession of |
| 15 | certain wildlife; amending s. 379.3761, F.S.; revising |
| 16 | provisions relating to the exhibition and sale of |
| 17 | wildlife; prohibiting the sale of specified wild animal |
| 18 | life in the state unless authorized by the commission; |
| 19 | clarifying provisions relating to exhibition licensing; |
| 20 | amending s. 379.401, F.S.; deleting a reference to conform |
| 21 | to changes made by the act; amending s. 379.4015, F.S.; |
| 22 | revising captive wildlife penalties to include wild animal |
| 23 | life designated as conditional and prohibited species; |
| 24 | providing civil penalties for violations relating to |
| 25 | import, capture, possession, sale, use, exhibition, |
| 26 | transport, or release of wildlife, including venomous |
| 27 | reptiles, reptiles of concern, conditional reptiles, |
| 28 | prohibited reptiles, and wild animal life designated as |
| 29 | conditional and prohibited species; providing limitations; |
| 30 | providing for penalty mitigation under certain conditions; |
| 31 | requiring proceeds to be deposited into the State Game |
| 32 | Trust Fund and used for specified purposes; requiring the |
| 33 | commission to submit a specified annual report to the |
| 34 | Legislature; directing the commission to evaluate the |
| 35 | addition of species to the list of reptiles of concern; |
| 36 | amending ss. 379.101, 379.244, 379.26, 379.304, 379.361, |
| 37 | 379.363, and 379.3762, F.S.; conforming terminology; |
| 38 | providing an effective date. |
| 39 |
|
| 40 | Be It Enacted by the Legislature of the State of Florida: |
| 41 |
|
| 42 | Section 1. Section 379.231, Florida Statutes, is amended |
| 43 | to read: |
| 44 | 379.231 Regulation of nonnative foreign animals.- |
| 45 | (1) It is unlawful to import for sale or use, or to |
| 46 | release within this state, any species of the animal kingdom not |
| 47 | native indigenous to Florida unless authorized by without having |
| 48 | obtained a permit to do so from the Fish and Wildlife |
| 49 | Conservation Commission. |
| 50 | (2) The Fish and Wildlife Conservation Commission is |
| 51 | authorized to issue or deny such a permit upon the completion of |
| 52 | studies of the species made by it to determine any detrimental |
| 53 | effect the species might have on the ecology of the state. |
| 54 | (2)(3) A person in violation of this section commits a |
| 55 | Level Three violation under s. 379.4015 s. 379.401. |
| 56 | Section 2. Section 379.372, Florida Statutes, is amended |
| 57 | to read: |
| 58 | 379.372 Capturing, keeping, possessing, transporting, or |
| 59 | exhibiting venomous reptiles, or reptiles of concern, |
| 60 | conditional reptiles, or prohibited reptiles; permit or license |
| 61 | required.- |
| 62 | (1)(a) No person, party, firm, association, or corporation |
| 63 | shall capture, keep, possess, or exhibit any poisonous or |
| 64 | venomous reptile or reptile of concern without first having |
| 65 | obtained a special permit or license therefor from the Fish and |
| 66 | Wildlife Conservation Commission as provided in this section. |
| 67 | (b)(2) By December 31, 2007, the commission shall |
| 68 | establish a list of reptiles of concern, including venomous, |
| 69 | nonvenomous, native, nonnative, or other reptiles, which require |
| 70 | additional regulation for capture, possession, transportation, |
| 71 | or exhibition due to their nature, habits, status, or potential |
| 72 | to negatively impact humans, the environment, or ecology, or |
| 73 | humans. |
| 74 | (c)(3) It shall be unlawful for any person, party, firm, |
| 75 | association, or corporation, whether licensed hereunder or not, |
| 76 | to capture, keep, possess, or exhibit any venomous reptile or |
| 77 | reptile of concern in any manner not approved as safe, secure, |
| 78 | and proper by the commission. Venomous reptiles or reptiles of |
| 79 | concern held in captivity are subject to inspection by the |
| 80 | commission. The commission shall determine whether the reptiles |
| 81 | are securely, safely, and properly penned. In the event that the |
| 82 | reptiles are not safely penned, the commission shall report the |
| 83 | situation in writing to the person, party, firm, association, or |
| 84 | corporation owning the reptiles. Failure of the person, party, |
| 85 | firm, association, or corporation to correct the situation |
| 86 | within 30 days after such written notice shall be grounds for |
| 87 | revocation of the permit or license or permit of the person, |
| 88 | party, firm, association, or corporation. |
| 89 | (d)(4) Venomous reptiles or reptiles of concern shall be |
| 90 | transported in a safe, secure, and proper manner. The commission |
| 91 | shall establish by rule the requirements for the transportation |
| 92 | of venomous reptiles or reptiles of concern. |
| 93 | (2)(a) No person, party, firm, association, or corporation |
| 94 | shall keep, possess, import into the state, sell, barter, trade, |
| 95 | or breed the following species for personal use or for sale for |
| 96 | personal use: |
| 97 | 1. Burmese or Indian python (Python molurus). |
| 98 | 2. Reticulated python (Python reticulatus). |
| 99 | 3. Northern African python (Python sebae). |
| 100 | 4. Southern African python (Python natalensis). |
| 101 | 5. Amethystine or scrub python (Morelia amethystinus). |
| 102 | 6. Green anaconda (Eunectes murinus). |
| 103 | 7. Nile monitor (Varanus niloticus). |
| 104 | 8. Any other reptile designated as a conditional or |
| 105 | prohibited species by the commission. |
| 106 | (b) However, if a person, party, firm, association, or |
| 107 | corporation holds a permit or license issued before July 1, |
| 108 | 2010, pursuant to subsection (1) to legally possess a species |
| 109 | listed in paragraph (a), the person, party, firm, association, |
| 110 | or corporation may possess the reptile for the remainder of the |
| 111 | reptile's life. If the reptile survives the death or dissolution |
| 112 | of the permittee or licensee, possession of the reptile may be |
| 113 | transferred to another person, party, firm, association, or |
| 114 | corporation holding a permit or license to legally possess the |
| 115 | reptile for the remainder of the reptile's life. |
| 116 | (c) If the commission designates a reptile as a |
| 117 | conditional or prohibited species after July 1, 2010, the |
| 118 | commission may authorize the personal possession of the reptile |
| 119 | by a person, party, firm, association, or corporation permitted |
| 120 | or licensed to legally possess the reptile before the effective |
| 121 | date of the designation of the reptile as a conditional or |
| 122 | prohibited species. The personal possession of any such reptile |
| 123 | is not a violation of paragraph (a) if such personal possession |
| 124 | is authorized by the commission. |
| 125 | (d) This subsection does not apply to traveling wildlife |
| 126 | exhibitors licensed or registered under the Animal Welfare Act |
| 127 | or to zoological facilities that are licensed by the commission |
| 128 | or that are exempted from the licensure requirement. |
| 129 | Section 3. Subsection (2) of section 379.374, Florida |
| 130 | Statutes, is amended to read: |
| 131 | 379.374 Bond required, amount.- |
| 132 | (2) No person, party, firm, association, or corporation |
| 133 | shall possess or exhibit to the public either with or without |
| 134 | charge or admission fee, any Class I wildlife, as defined in s. |
| 135 | 379.303 and commission rule, without having first guaranteed |
| 136 | financial responsibility, in the sum of $10,000, for any |
| 137 | liability which may be incurred in the possession or exhibition |
| 138 | to the public of Class I wildlife. The commission shall adopt, |
| 139 | by rule, the methods of payment that satisfy the financial |
| 140 | responsibility, which may include cash, the establishment of a |
| 141 | trust fund, an irrevocable letter of credit, casualty insurance, |
| 142 | a corporate guarantee, or any combination thereof, in the sum of |
| 143 | $10,000 which shall be posted with the commission. In lieu of |
| 144 | the $10,000 financial responsibility guarantee required in this |
| 145 | subsection, the person, party, firm, association, or corporation |
| 146 | exhibiter has the option to maintain comprehensive general |
| 147 | liability insurance, with minimum limits of $2 million per |
| 148 | occurrence and $2 million annual aggregate, as shall protect the |
| 149 | person, party, firm, association, or corporation exhibiter from |
| 150 | claims for damage for personal injury, including accidental |
| 151 | death, as well as claims for property damage which may arise. |
| 152 | Proof of such insurance shall be submitted to the commission. |
| 153 | Section 4. Subsections (1) and (4) of section 379.3761, |
| 154 | Florida Statutes, are amended to read: |
| 155 | 379.3761 Exhibition or sale of wildlife; fees; |
| 156 | classifications.- |
| 157 | (1) In order to provide humane treatment and sanitary |
| 158 | surroundings for wild animals kept in captivity, no person, |
| 159 | party, firm, corporation, or association shall have, or be in |
| 160 | possession of, in captivity for the purpose of public display |
| 161 | with or without charge or for public sale any wildlife, |
| 162 | specifically birds, mammals, amphibians, and reptiles, whether |
| 163 | native indigenous to Florida or not, without having first |
| 164 | secured a permit from the commission authorizing such person, |
| 165 | party, firm, or corporation, or association, to have in its |
| 166 | possession in captivity the species and number of wildlife |
| 167 | specified within such permit; however, this section does not |
| 168 | apply to any wildlife not protected by law and the rules of the |
| 169 | commission. No person, party, firm, corporation, or association |
| 170 | may sell any wild animal life designated by commission rule as |
| 171 | Class I or Class II wildlife, a conditional or prohibited |
| 172 | species, a venomous reptile, or a reptile of concern in the |
| 173 | state, including a sale with delivery made in this state, |
| 174 | regardless of the origin of the sale or the location of the |
| 175 | initial transaction, unless authorized by the commission. |
| 176 | (4) The provisions of this section relative to licensing |
| 177 | for exhibition do not apply to any municipal, county, state, or |
| 178 | other publicly owned wildlife exhibit or. The provisions of this |
| 179 | section do not apply to any traveling zoo, circus, or exhibit |
| 180 | licensed under as provided by chapter 205. |
| 181 | Section 5. Paragraph (a) of subsection (3) of section |
| 182 | 379.401, Florida Statutes, is amended to read: |
| 183 | 379.401 Penalties and violations; civil penalties for |
| 184 | noncriminal infractions; criminal penalties; suspension and |
| 185 | forfeiture of licenses and permits.- |
| 186 | (3)(a) LEVEL THREE VIOLATIONS.-A person commits a Level |
| 187 | Three violation if he or she violates any of the following |
| 188 | provisions: |
| 189 | 1. Rules or orders of the commission prohibiting the sale |
| 190 | of saltwater fish. |
| 191 | 2. Rules or orders of the commission prohibiting the |
| 192 | illegal importation or possession of exotic marine plants or |
| 193 | animals. |
| 194 | 3. Section 379.407(2), establishing major violations. |
| 195 | 4. Section 379.407(4), prohibiting the possession of |
| 196 | certain finfish in excess of recreational daily bag limits. |
| 197 | 5. Section 379.28, prohibiting the importation of |
| 198 | freshwater fish. |
| 199 | 6. Section 379.231, prohibiting the importation of |
| 200 | nonindigenous species of the animal kingdom without a permit |
| 201 | issued by the commission. |
| 202 | 6.7. Section 379.354(17), prohibiting the taking of game, |
| 203 | freshwater fish, or saltwater fish while a required license is |
| 204 | suspended or revoked. |
| 205 | 7.8. Section 379.3014, prohibiting the illegal sale or |
| 206 | possession of alligators. |
| 207 | 8.9. Section 379.404(1), (3), and (6), prohibiting the |
| 208 | illegal taking and possession of deer and wild turkey. |
| 209 | 9.10. Section 379.406, prohibiting the possession and |
| 210 | transportation of commercial quantities of freshwater game fish. |
| 211 | Section 6. Section 379.4015, Florida Statutes, is amended |
| 212 | to read: |
| 213 | 379.4015 Nonnative and captive wildlife penalties.- |
| 214 | (1) LEVEL ONE.-Unless otherwise provided by law, the |
| 215 | following classifications and penalties apply: |
| 216 | (a) A person commits a Level One violation if he or she |
| 217 | violates any of the following provisions: |
| 218 | 1. Rules or orders of the commission requiring free |
| 219 | permits or other authorizations to possess captive wildlife. |
| 220 | 2. Rules or orders of the commission relating to the |
| 221 | filing of reports or other documents required of persons who are |
| 222 | licensed to possess captive wildlife. |
| 223 | 3. Rules or orders of the commission requiring permits to |
| 224 | possess captive wildlife for which a fee is charged, when the |
| 225 | person being charged was issued the permit and the permit has |
| 226 | expired less than 1 year prior to the violation. |
| 227 | (b) Any person cited for committing any offense classified |
| 228 | as a Level One violation commits a noncriminal infraction, |
| 229 | punishable as provided in this section. |
| 230 | (c) Any person cited for committing a noncriminal |
| 231 | infraction specified in paragraph (a) shall be cited to appear |
| 232 | before the county court. The civil penalty for any noncriminal |
| 233 | infraction is $50 if the person cited has not previously been |
| 234 | found guilty of a Level One violation and $250 if the person |
| 235 | cited has previously been found guilty of a Level One violation, |
| 236 | except as otherwise provided in this subsection. Any person |
| 237 | cited for failing to have a required permit or license shall pay |
| 238 | an additional civil penalty in the amount of the license fee |
| 239 | required. |
| 240 | (d) Any person cited for an infraction under this |
| 241 | subsection may: |
| 242 | 1. Post a bond, which shall be equal in amount to the |
| 243 | applicable civil penalty; or |
| 244 | 2. Sign and accept a citation indicating a promise to |
| 245 | appear before the county court. The officer may indicate on the |
| 246 | citation the time and location of the scheduled hearing and |
| 247 | shall indicate the applicable civil penalty. |
| 248 | (e) Any person charged with a noncriminal infraction under |
| 249 | this subsection may: |
| 250 | 1. Pay the civil penalty, either by mail or in person, |
| 251 | within 30 days after the date of receiving the citation; or |
| 252 | 2. If the person has posted bond, forfeit bond by not |
| 253 | appearing at the designated time and location. |
| 254 | (f) If the person cited follows either of the procedures |
| 255 | in subparagraph (e)1. or subparagraph (e)2., he or she shall be |
| 256 | deemed to have admitted the infraction and to have waived his or |
| 257 | her right to a hearing on the issue of commission of the |
| 258 | infraction. Such admission shall not be used as evidence in any |
| 259 | other proceedings except to determine the appropriate fine for |
| 260 | any subsequent violations. |
| 261 | (g) Any person who willfully refuses to post bond or |
| 262 | accept and sign a summons commits a misdemeanor of the second |
| 263 | degree, punishable as provided in s. 775.082 or s. 775.083. Any |
| 264 | person who fails to pay the civil penalty specified in this |
| 265 | subsection within 30 days after being cited for a noncriminal |
| 266 | infraction or to appear before the court pursuant to this |
| 267 | subsection commits a misdemeanor of the second degree, |
| 268 | punishable as provided in s. 775.082 or s. 775.083. |
| 269 | (h) Any person electing to appear before the county court |
| 270 | or who is required to appear shall be deemed to have waived the |
| 271 | limitations on the civil penalty specified in paragraph (c). The |
| 272 | court, after a hearing, shall make a determination as to whether |
| 273 | an infraction has been committed. If the commission of an |
| 274 | infraction has been proven, the court may impose a civil penalty |
| 275 | not less than those amounts in paragraph (c) and not to exceed |
| 276 | $500. |
| 277 | (i) At a hearing under this chapter, the commission of a |
| 278 | charged infraction must be proved beyond a reasonable doubt. |
| 279 | (j) If a person is found by the hearing official to have |
| 280 | committed an infraction, she or he may appeal that finding to |
| 281 | the circuit court. |
| 282 | (2) LEVEL TWO.-Unless otherwise provided by law, the |
| 283 | following classifications and penalties apply: |
| 284 | (a) A person commits a Level Two violation if he or she |
| 285 | violates any of the following provisions: |
| 286 | 1. Unless otherwise stated in subsection (1), rules or |
| 287 | orders of the commission that require a person to pay a fee to |
| 288 | obtain a permit to possess captive wildlife or that require the |
| 289 | maintenance of records relating to captive wildlife. |
| 290 | 2. Rules or orders of the commission relating to captive |
| 291 | wildlife not specified in subsection (1) or subsection (3). |
| 292 | 3. Rules or orders of the commission that require housing |
| 293 | of wildlife in a safe manner when a violation results in an |
| 294 | escape of wildlife other than Class I wildlife. |
| 295 | 4. Rules or orders of the commission relating to wild |
| 296 | animal life designated by the commission as a conditional or |
| 297 | prohibited species. |
| 298 | 5.4. Section 379.372, relating to capturing, keeping, |
| 299 | possessing, transporting, or exhibiting venomous reptiles, or |
| 300 | reptiles of concern, conditional reptiles, or prohibited |
| 301 | reptiles. |
| 302 | 6.5. Section 379.373, relating to requiring a license or |
| 303 | permit for the capturing, keeping, possessing, or exhibiting of |
| 304 | venomous reptiles or reptiles of concern. |
| 305 | 7.6. Section 379.374, relating to bonding requirements for |
| 306 | public exhibits of venomous reptiles. |
| 307 | 8.7. Section 379.305, relating to commission rules and |
| 308 | regulations to prevent the escape of venomous reptiles or |
| 309 | reptiles of concern. |
| 310 | 9.8. Section 379.304, relating to exhibition or sale of |
| 311 | wildlife. |
| 312 | 10.9. Section 379.3761, relating to exhibition or sale of |
| 313 | wildlife. |
| 314 | 11.10. Section 379.3762, relating to personal possession |
| 315 | of wildlife. |
| 316 | (b) A person who commits any offense classified as a Level |
| 317 | Two violation and who has not been convicted of a Level Two or |
| 318 | higher violation within the past 3 years commits a misdemeanor |
| 319 | of the second degree, punishable as provided in s. 775.082 or s. |
| 320 | 775.083. |
| 321 | (c) Unless otherwise stated in this subsection, a person |
| 322 | who commits any offense classified as a Level Two violation |
| 323 | within a 3-year period of any previous conviction of a Level Two |
| 324 | or higher violation commits a misdemeanor of the first degree, |
| 325 | punishable as provided in s. 775.082 or s. 775.083 with a |
| 326 | minimum mandatory fine of $250. |
| 327 | (d) Unless otherwise stated in this subsection, a person |
| 328 | who commits any offense classified as a Level Two violation |
| 329 | within a 5-year period of any two previous convictions of Level |
| 330 | Two or higher violations commits a misdemeanor of the first |
| 331 | degree, punishable as provided in s. 775.082 or s. 775.083, with |
| 332 | a minimum mandatory fine of $500 and a suspension of all |
| 333 | licenses issued under this chapter related to captive wildlife |
| 334 | for 1 year. |
| 335 | (e) A person who commits any offense classified as a Level |
| 336 | Two violation within a 10-year period of any three previous |
| 337 | convictions of Level Two or higher violations commits a |
| 338 | misdemeanor of the first degree, punishable as provided in s. |
| 339 | 775.082 or s. 775.083, with a minimum mandatory fine of $750 and |
| 340 | a suspension of all licenses issued under this chapter related |
| 341 | to captive wildlife for 3 years. |
| 342 | (f) In addition to being subject to the penalties under |
| 343 | paragraphs (b)-(e), a person who commits a Level Two violation |
| 344 | that is a violation of s. 379.372 or rules or orders of the |
| 345 | commission relating to wild animal life designated by the |
| 346 | commission as a conditional or prohibited species shall receive |
| 347 | a minimum mandatory fine of $100 and must immediately surrender |
| 348 | the animal for which the violation was issued unless a permit or |
| 349 | license for possession of the animal is lawfully obtained. |
| 350 | (3) LEVEL THREE.-Unless otherwise provided by law, the |
| 351 | following classifications and penalties apply: |
| 352 | (a) A person commits a Level Three violation if he or she |
| 353 | violates any of the following provisions: |
| 354 | 1. Rules or orders of the commission that require housing |
| 355 | of wildlife in a safe manner when a violation results in an |
| 356 | escape of Class I wildlife. |
| 357 | 2. Rules or orders of the commission related to captive |
| 358 | wildlife when the violation results in serious bodily injury to |
| 359 | another person by captive wildlife that consists of a physical |
| 360 | condition that creates a substantial risk of death, serious |
| 361 | personal disfigurement, or protracted loss or impairment of the |
| 362 | function of any bodily member or organ. |
| 363 | 3. Rules or orders of the commission relating to the use |
| 364 | of gasoline or other chemical or gaseous substances on wildlife. |
| 365 | 4. Rules or orders of the commission prohibiting the |
| 366 | release of wildlife for which only conditional possession is |
| 367 | allowed. |
| 368 | 5. Rules or orders of the commission prohibiting knowingly |
| 369 | entering false information on an application for a license or |
| 370 | permit when the license or permit is to possess wildlife in |
| 371 | captivity. |
| 372 | 6. Rules or orders of the commission relating to the |
| 373 | illegal importation and possession of nonnative nonindigenous |
| 374 | marine plants and animals. |
| 375 | 7. Rules or orders of the commission relating to the |
| 376 | importation, possession, or release of fish and wildlife for |
| 377 | which possession is prohibited. |
| 378 | 8. Section 379.231, relating to illegal importation or |
| 379 | release introduction of nonnative foreign wildlife. |
| 380 | 9. Section 379.305, relating to release or escape of |
| 381 | nonnative venomous reptiles or reptiles of concern. |
| 382 | (b)1. A person who commits any offense classified as a |
| 383 | Level Three violation and who has not been convicted of a Level |
| 384 | Three or higher violation within the past 10 years commits a |
| 385 | misdemeanor of the first degree, punishable as provided in s. |
| 386 | 775.082 or s. 775.083. |
| 387 | 2. A person who commits any offense classified as a Level |
| 388 | Three violation within a 10-year period of any previous |
| 389 | conviction of a Level Three or higher violation commits a |
| 390 | misdemeanor of the first degree, punishable as provided in s. |
| 391 | 775.082 or s. 775.083, with a minimum mandatory fine of $750 and |
| 392 | permanent revocation of all licenses or permits to possess |
| 393 | captive wildlife issued under this chapter. |
| 394 | (4) LEVEL FOUR.-Unless otherwise provided by law, the |
| 395 | following classifications and penalties apply: |
| 396 | (a) A person commits a Level Four violation if he or she |
| 397 | violates any Level Three provision after the permanent |
| 398 | revocation of a license or permit. |
| 399 | (b) A person who commits any offense classified as a Level |
| 400 | Four violation commits a felony of the third degree, punishable |
| 401 | as provided in s. 775.082 or s. 775.083. |
| 402 | (5) SUSPENSION OR REVOCATION OF LICENSE.-The court may |
| 403 | order the suspension or revocation of any license or permit |
| 404 | issued to a person to possess captive wildlife pursuant to this |
| 405 | chapter if that person commits a criminal offense or a |
| 406 | noncriminal infraction as specified under this section. |
| 407 | (6) CIVIL PENALTY.- |
| 408 | (a) In addition to other applicable penalties, the |
| 409 | commission may impose against any person, party, firm, |
| 410 | association, or corporation that is convicted of a criminal |
| 411 | violation of any provision of s. 379.231, s. 379.372, s. |
| 412 | 379.3761, or s. 379.3762 a civil penalty of not more than $5,000 |
| 413 | for each animal, unless authorized pursuant to subparagraphs 1.- |
| 414 | 5. For all related violations attributable to a specific |
| 415 | violator, the total civil penalty may not exceed $10,000 for |
| 416 | each assessment for each animal. |
| 417 | 1. The history of noncompliance of the violator for any |
| 418 | previous violation of this chapter or rules or orders of the |
| 419 | commission shall be considered in determining the amount of the |
| 420 | civil penalty. |
| 421 | 2. The direct economic benefit gained by the violator from |
| 422 | the violation may be added to the scheduled civil penalty. |
| 423 | 3. The costs incurred by the commission related to the |
| 424 | escape, recovery, and care of the animal for which the violation |
| 425 | was issued shall be added to the civil penalty. |
| 426 | 4. The civil penalty assessed for a violation may not |
| 427 | exceed $5,000 for each animal unless: |
| 428 | a. The violator has a history of noncompliance; |
| 429 | b. The economic benefit of the violation exceeds $5,000; |
| 430 | or |
| 431 | c. The costs incurred by the commission related to the |
| 432 | escape, recovery, and care of the animal for which the violation |
| 433 | was issued exceeds $5,000. |
| 434 | 5. The civil penalty assessed pursuant to this subsection |
| 435 | may be reduced by the commission for mitigating circumstances, |
| 436 | including good faith efforts to comply before or after discovery |
| 437 | of the violations by the commission. |
| 438 | (b) The proceeds of all civil penalties collected pursuant |
| 439 | to this subsection shall be deposited into the State Game Trust |
| 440 | Fund and shall be used for management, administration, auditing, |
| 441 | and research purposes. |
| 442 | (7)(6) CONVICTION DEFINED.-For purposes of this section, |
| 443 | the term "conviction" means any judicial disposition other than |
| 444 | acquittal or dismissal. |
| 445 | (8)(7) COMMISSION LIMITATIONS.-Nothing in this section |
| 446 | shall limit the commission from suspending or revoking any |
| 447 | license to possess wildlife in captivity by administrative |
| 448 | action in accordance with chapter 120. For purposes of |
| 449 | administrative action, a conviction of a criminal offense shall |
| 450 | mean any judicial disposition other than acquittal or dismissal. |
| 451 | (9) ANNUAL REPORT.-By January 1 of each year, the |
| 452 | commission shall submit a report listing each species designated |
| 453 | by the commission as a conditional or prohibited species or a |
| 454 | reptile of concern to the President of the Senate and the |
| 455 | Speaker of the House of Representatives. |
| 456 | Section 7. By December 31, 2010, the Fish and Wildlife |
| 457 | Conservation Commission shall evaluate the addition of species, |
| 458 | such as iguanas, to the list of reptiles of concern. |
| 459 | Section 8. Subsections (18), (25), and (34) of section |
| 460 | 379.101, Florida Statutes, are amended to read: |
| 461 | 379.101 Definitions.-In construing these statutes, where |
| 462 | the context does not clearly indicate otherwise, the word, |
| 463 | phrase, or term: |
| 464 | (18) "Freshwater fish" means all classes of pisces that |
| 465 | are native indigenous to fresh water. |
| 466 | (25) "Nongame" means all species and populations of native |
| 467 | indigenous wild vertebrates and invertebrates in the state that |
| 468 | are not defined as game. |
| 469 | (34) "Saltwater fish" means: |
| 470 | (a) Any saltwater species of finfish of the classes |
| 471 | Agnatha, Chondrichthyes, or Osteichthyes and marine |
| 472 | invertebrates of the classes Gastropoda, Bivalvia, or Crustacea, |
| 473 | or of the phylum Echinodermata, but does not include nonliving |
| 474 | shells or echinoderms; and |
| 475 | (b) All classes of pisces, shellfish, sponges, and |
| 476 | crustacea native indigenous to salt water. |
| 477 | Section 9. Subsection (2) of section 379.244, Florida |
| 478 | Statutes, is amended to read: |
| 479 | 379.244 Crustacea, marine animals, fish; regulations; |
| 480 | general provisions.- |
| 481 | (2) TAKING SALTWATER SPECIES FOR EXPERIMENTAL, |
| 482 | AQUACULTURAL, SCIENTIFIC, EDUCATION, AND EXHIBITION PURPOSES.- |
| 483 | Notwithstanding any other provisions of general or special law |
| 484 | to the contrary, the Fish and Wildlife Conservation Commission |
| 485 | may authorize, upon such terms, conditions, and restrictions as |
| 486 | it may prescribe by rule, any properly accredited person to |
| 487 | harvest or possess native indigenous or nonnative nonindigenous |
| 488 | saltwater species for experimental, scientific, education, and |
| 489 | exhibition purposes or to harvest or possess reasonable |
| 490 | quantities of aquacultural species for brood stock. Such |
| 491 | authorizations may allow collection of specimens without regard |
| 492 | to, and not limited to, size, seasonal closure, collection |
| 493 | method, reproductive state, or bag limit. Authorizations issued |
| 494 | under the provisions of this section may be suspended or revoked |
| 495 | by the Fish and Wildlife Conservation Commission if it finds |
| 496 | that the person has violated this section, Fish and Wildlife |
| 497 | Conservation Commission rules or orders, or terms or conditions |
| 498 | of the authorization or has submitted false or inaccurate |
| 499 | information in his or her application. |
| 500 | Section 10. Subsections (1) and (5) of section 379.26, |
| 501 | Florida Statutes, are amended to read: |
| 502 | 379.26 Illegal importation or possession of nonnative |
| 503 | nonindigenous marine plants and animals; rules and regulations.- |
| 504 | (1) It is unlawful to import or possess any marine plant |
| 505 | or marine animal, not native indigenous to the state, which, due |
| 506 | to the stimulating effect of the waters of the state on |
| 507 | procreation, may endanger or infect the marine resources of the |
| 508 | state or pose a human health hazard, except as provided in this |
| 509 | section. |
| 510 | (5) It is unlawful to release into the waters of the state |
| 511 | any nonnative nonindigenous saltwater species whether or not |
| 512 | included in subsection (2) or prohibited by rules and |
| 513 | regulations adopted pursuant to subsection (3) or authorized by |
| 514 | subsection (4). |
| 515 | Section 11. Subsection (1) of section 379.304, Florida |
| 516 | Statutes, is amended to read: |
| 517 | 379.304 Exhibition or sale of wildlife.- |
| 518 | (1) Permits issued pursuant to s. 379.3761 and places |
| 519 | where wildlife is kept or held in captivity shall be subject to |
| 520 | inspection by officers of the commission at all times. The |
| 521 | commission shall have the power to release or confiscate any |
| 522 | specimens of any wildlife, specifically birds, mammals, |
| 523 | amphibians, or reptiles, whether native indigenous to the state |
| 524 | or not, when it is found that conditions under which they are |
| 525 | being confined are unsanitary, or unsafe to the public in any |
| 526 | manner, or that the species of wildlife are being maltreated, |
| 527 | mistreated, or neglected or kept in any manner contrary to the |
| 528 | provisions of chapter 828, any such permit to the contrary |
| 529 | notwithstanding. Before any such wildlife is confiscated or |
| 530 | released under the authority of this section, the owner thereof |
| 531 | shall have been advised in writing of the existence of such |
| 532 | unsatisfactory conditions; the owner shall have been given 30 |
| 533 | days in which to correct such conditions; the owner shall have |
| 534 | failed to correct such conditions; the owner shall have had an |
| 535 | opportunity for a proceeding pursuant to chapter 120; and the |
| 536 | commission shall have ordered such confiscation or release after |
| 537 | careful consideration of all evidence in the particular case in |
| 538 | question. The final order of the commission shall constitute |
| 539 | final agency action. |
| 540 | Section 12. Paragraph (b) of subsection (4) of section |
| 541 | 379.361, Florida Statutes, is amended to read: |
| 542 | 379.361 Licenses.- |
| 543 | (4) SPECIAL ACTIVITY LICENSES.- |
| 544 | (b) The Fish and Wildlife Conservation Commission is |
| 545 | authorized to issue special activity licenses in accordance with |
| 546 | this section and s. 379.2524, to permit the importation and |
| 547 | possession of wild anadromous sturgeon. The commission is also |
| 548 | authorized to issue special activity licenses, in accordance |
| 549 | with this section and s. 379.2524, to permit the importation, |
| 550 | possession, and aquaculture of native and nonnative anadromous |
| 551 | sturgeon until best management practices are implemented for the |
| 552 | cultivation of anadromous sturgeon pursuant to s. 597.004. The |
| 553 | special activity license shall provide for specific management |
| 554 | practices to protect native indigenous populations of saltwater |
| 555 | species. |
| 556 | Section 13. Subsection (1) of section 379.363, Florida |
| 557 | Statutes, is amended to read: |
| 558 | 379.363 Freshwater fish dealer's license.- |
| 559 | (1) No person shall engage in the business of taking for |
| 560 | sale or selling any frogs or freshwater fish, including live |
| 561 | bait, of any species or size, or importing any exotic or |
| 562 | nonnative nonindigenous fish, until such person has obtained a |
| 563 | license and paid the fee therefor as set forth herein. The |
| 564 | license issued shall be in the possession of the person to whom |
| 565 | issued while such person is engaging in the business of taking |
| 566 | for sale or selling freshwater fish or frogs, is not |
| 567 | transferable, shall bear on its face in indelible ink the name |
| 568 | of the person to whom it is issued, and shall be affixed to a |
| 569 | license identification card issued by the commission. Such |
| 570 | license is not valid unless it bears the name of the person to |
| 571 | whom it is issued and is so affixed. The failure of such person |
| 572 | to exhibit such license to the commission or any of its wildlife |
| 573 | officers when such person is found engaging in such business is |
| 574 | a violation of law. The license fees and activities permitted |
| 575 | under particular licenses are as follows: |
| 576 | (a) The fee for a resident commercial fishing license, |
| 577 | which permits a resident to take freshwater fish or frogs by any |
| 578 | lawful method prescribed by the commission and to sell such fish |
| 579 | or frogs, shall be $25. The license provided for in this |
| 580 | paragraph shall also allow noncommercial fishing as provided by |
| 581 | law and commission rules, and the license in s. 379.354(4)(a) |
| 582 | shall not be required. |
| 583 | (b) The fee for a resident freshwater fish dealer's |
| 584 | license, which permits a resident to import, export, or sell |
| 585 | freshwater fish or frogs, including live bait, shall be $40. |
| 586 | (c) The fee for a nonresident commercial fishing license, |
| 587 | which permits a nonresident to take freshwater fish or frogs as |
| 588 | provided in paragraph (a), shall be $100. |
| 589 | (d) The fee for a nonresident retail fish dealer's |
| 590 | license, which permits a nonresident to sell freshwater fish or |
| 591 | frogs to a consumer, shall be $100. |
| 592 | (e) The fee for a nonresident wholesale fish dealer's |
| 593 | license, which permits a nonresident to sell freshwater fish or |
| 594 | frogs within the state, and to buy freshwater fish or frogs for |
| 595 | resale, shall be $500. |
| 596 | (f) The fee for a nonresident wholesale fish buyer's |
| 597 | license, which permits a nonresident who does not sell |
| 598 | freshwater fish or frogs in Florida to buy freshwater fish or |
| 599 | frogs from resident fish dealers for resale outside the state, |
| 600 | shall be $50. |
| 601 | (g) Any individual or business issued an aquaculture |
| 602 | certificate, pursuant to s. 597.004, shall be exempt from the |
| 603 | requirements of this part with respect to aquaculture products |
| 604 | authorized under such certificate. |
| 605 | (h) There is levied, in addition to any other license fee |
| 606 | thereon, an annual gear license fee of $50 upon each person |
| 607 | fishing with trawl seines used in the fresh waters of the state. |
| 608 | (i) There is levied, in addition to any other license fee |
| 609 | thereon, an annual gear license fee of $100 upon each person |
| 610 | fishing with haul seines used in the fresh waters of the state. |
| 611 | Section 14. Subsection (1) of section 379.3762, Florida |
| 612 | Statutes, is amended to read: |
| 613 | 379.3762 Personal possession of wildlife.- |
| 614 | (1) It is unlawful for any person or persons to possess |
| 615 | any wildlife as defined in this act, whether native indigenous |
| 616 | to Florida or not, until she or he has obtained a permit as |
| 617 | provided by this section from the Fish and Wildlife Conservation |
| 618 | Commission. |
| 619 | Section 15. This act shall take effect July 1, 2010. |