Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 1266 Ì121092}Î121092 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/04/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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),orsubsection (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 nonnativevenomous reptiles orreptiles 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