Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1266
       
       
       
       
       
       
                                Ì121092}Î121092                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2023           .                                
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       The Committee on Criminal Justice (Rodriguez) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 22 - 114
    4  and insert:
    5         (3)A person who knowingly releases a nonnative venomous
    6  reptile or who through gross negligence allows a nonnative
    7  venomous reptile to escape commits a Level Four violation,
    8  punishable as provided in s. 379.4015.
    9         (4)A person who knowingly purchases, sells, attempts to
   10  sell, offers to sell, conspires to sell, barters, exchanges,
   11  trades, or imports for sale or use any venomous reptile species
   12  without having first obtained a special permit or license from
   13  the commission as provided in s. 379.372 commits a Level Four
   14  violation, punishable as provided in s. 379.4015.
   15         Section 2. Paragraph (a) of subsection (2), paragraph (a)
   16  of subsection (3), and subsection (4) of section 379.4015,
   17  Florida Statutes, are amended to read:
   18         379.4015 Nonnative and captive wildlife penalties.—
   19         (2) LEVEL TWO.—Unless otherwise provided by law, the
   20  following classifications and penalties apply:
   21         (a) A person commits a Level Two violation if he or she
   22  violates any of the following provisions:
   23         1. Unless otherwise stated in subsection (1), rules or
   24  orders of the commission that require a person to pay a fee to
   25  obtain a permit to possess captive wildlife or that require the
   26  maintenance of records relating to captive wildlife.
   27         2. Rules or orders of the commission relating to captive
   28  wildlife not specified in subsection (1), or subsection (3), or
   29  subsection (4).
   30         3. Rules or orders of the commission that require housing
   31  of wildlife in a safe manner when a violation results in an
   32  escape of wildlife other than Class I wildlife or venomous
   33  reptiles.
   34         4. Rules or orders of the commission relating to wild
   35  animal life identified by commission rule as either conditional
   36  species or prohibited species.
   37         5. Section 379.372, relating to capturing, keeping,
   38  possessing, transporting, or exhibiting venomous reptiles,
   39  reptiles of concern, conditional reptiles, or prohibited
   40  reptiles.
   41         6. Section 379.373, relating to requiring a license or
   42  permit for the capturing, keeping, possessing, or exhibiting of
   43  venomous reptiles or reptiles of concern.
   44         7. Section 379.374, relating to bonding requirements for
   45  public exhibits of venomous reptiles.
   46         8. Section 379.305, relating to commission rules and
   47  regulations to prevent the escape of venomous reptiles or
   48  reptiles of concern.
   49         9. Section 379.304, relating to exhibition or sale of
   50  wildlife.
   51         10. Section 379.3761, relating to exhibition or sale of
   52  wildlife.
   53         11. Section 379.3762, relating to personal possession of
   54  wildlife.
   55         (3) LEVEL THREE.—Unless otherwise provided by law, the
   56  following classifications and penalties apply:
   57         (a) A person commits a Level Three violation if he or she
   58  violates any of the following provisions:
   59         1. Rules or orders of the commission that require housing
   60  of wildlife in a safe manner when a violation results in an
   61  escape of Class I wildlife or venomous reptiles.
   62         2. Rules or orders of the commission related to captive
   63  wildlife when the violation results in serious bodily injury to
   64  another person by captive wildlife that consists of a physical
   65  condition that creates a substantial risk of death, serious
   66  personal disfigurement, or protracted loss or impairment of the
   67  function of any bodily member or organ.
   68         3. Rules or orders of the commission relating to the use of
   69  gasoline or other chemical or gaseous substances on wildlife.
   70         4. Rules or orders of the commission prohibiting the
   71  release of wildlife for which only conditional possession is
   72  allowed.
   73         5. Rules or orders of the commission prohibiting knowingly
   74  entering false information on an application for a license or
   75  permit when the license or permit is to possess wildlife in
   76  captivity.
   77         6. Rules or orders of the commission relating to the
   78  illegal importation and possession of nonnative marine plants
   79  and animals.
   80         7. Rules or orders of the commission relating to the
   81  importation, possession, or release of fish and wildlife for
   82  which possession is prohibited.
   83         8. Section 379.231, relating to illegal importation or
   84  release of nonnative wildlife.
   85         9. Section 379.305, relating to release or escape of
   86  nonnative venomous reptiles or reptiles of concern.
   87         (4) LEVEL FOUR.—Unless otherwise provided by law, the
   88  following classifications and penalties apply:
   89         (a) A person commits a Level Four violation if he or she
   90  violates any Level Three provision after the permanent
   91  revocation of a license or permit.
   92         (b) A person who commits any offense classified as a Level
   93  Four violation commits a felony of the third degree, punishable
   94  as provided in s. 775.082 or s. 775.083.
   95         (c)A person commits a Level Four violation if he or she
   96  violates any of the following provisions:
   97         1.Section 379.305(3), relating to release or escape of
   98  nonnative
   99  
  100  ================= T I T L E  A M E N D M E N T ================
  101  And the title is amended as follows:
  102         Delete line 4
  103  and insert:
  104         release or escape of nonnative venomous reptiles;
  105         providing a