Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1266
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LEGISLATIVE ACTION
Senate . House
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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