Florida Senate - 2023 SB 1266 By Senator Rodriguez 40-01109A-23 20231266__ 1 A bill to be entitled 2 An act relating to venomous reptiles; amending s. 3 379.305, F.S.; revising the penalty for certain 4 release or escape of venomous reptiles; providing a 5 penalty for specified activities involving venomous 6 reptiles without a special permit or license issued by 7 the Fish and Wildlife Conservation Commission; 8 amending s. 379.4015, F.S.; conforming provisions to 9 changes made by the act; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (2) of section 379.305, Florida 14 Statutes, is amended, and subsections (3) and (4) are added to 15 that section, to read: 16 379.305 Rules and regulations; penalties.— 17 (2) A person who knowingly releases a nonnativevenomous18reptile orreptile of concernto the wildor who through gross 19 negligence allows a nonnativevenomous reptile orreptile of 20 concern to escape commits a Level Three violation, punishable as 21 provided in s. 379.4015. 22 (3) A person who knowingly releases a venomous reptile or 23 who through gross negligence allows a venomous reptile to escape 24 commits a Level Four violation, punishable as provided in s. 25 379.4015. 26 (4) A person who knowingly purchases, sells, attempts to 27 sell, offers to sell, conspires to sell, barters, exchanges, 28 trades, or imports for sale or use, any venomous reptile species 29 without having first obtained a special permit or license from 30 the commission as provided in s. 379.372 commits a Level Four 31 violation, punishable as provided in s. 379.4015. 32 Section 2. Paragraph (a) of subsection (2), paragraph (a) 33 of subsection (3), and subsection (4) of section 379.4015, 34 Florida Statutes, are amended to read: 35 379.4015 Nonnative and captive wildlife penalties.— 36 (2) LEVEL TWO.—Unless otherwise provided by law, the 37 following classifications and penalties apply: 38 (a) A person commits a Level Two violation if he or she 39 violates any of the following provisions: 40 1. Unless otherwise stated in subsection (1), rules or 41 orders of the commission that require a person to pay a fee to 42 obtain a permit to possess captive wildlife or that require the 43 maintenance of records relating to captive wildlife. 44 2. Rules or orders of the commission relating to captive 45 wildlife not specified in subsection (1),orsubsection (3), or 46 subsection (4). 47 3. Rules or orders of the commission that require housing 48 of wildlife in a safe manner when a violation results in an 49 escape of wildlife other than Class I wildlife or venomous 50 reptiles. 51 4. Rules or orders of the commission relating to wild 52 animal life identified by commission rule as either conditional 53 species or prohibited species. 54 5. Section 379.372, relating to capturing, keeping, 55 possessing, transporting, or exhibiting venomous reptiles, 56 reptiles of concern, conditional reptiles, or prohibited 57 reptiles. 58 6. Section 379.373, relating to requiring a license or 59 permit for the capturing, keeping, possessing, or exhibiting of 60 venomous reptiles or reptiles of concern. 61 7. Section 379.374, relating to bonding requirements for 62 public exhibits of venomous reptiles. 63 8. Section 379.305, relating to commission rules and 64 regulations to prevent the escape of venomous reptiles or 65 reptiles of concern. 66 9. Section 379.304, relating to exhibition or sale of 67 wildlife. 68 10. Section 379.3761, relating to exhibition or sale of 69 wildlife. 70 11. Section 379.3762, relating to personal possession of 71 wildlife. 72 (3) LEVEL THREE.—Unless otherwise provided by law, the 73 following classifications and penalties apply: 74 (a) A person commits a Level Three violation if he or she 75 violates any of the following provisions: 76 1. Rules or orders of the commission that require housing 77 of wildlife in a safe manner when a violation results in an 78 escape of Class I wildlife or venomous reptiles. 79 2. Rules or orders of the commission related to captive 80 wildlife when the violation results in serious bodily injury to 81 another person by captive wildlife that consists of a physical 82 condition that creates a substantial risk of death, serious 83 personal disfigurement, or protracted loss or impairment of the 84 function of any bodily member or organ. 85 3. Rules or orders of the commission relating to the use of 86 gasoline or other chemical or gaseous substances on wildlife. 87 4. Rules or orders of the commission prohibiting the 88 release of wildlife for which only conditional possession is 89 allowed. 90 5. Rules or orders of the commission prohibiting knowingly 91 entering false information on an application for a license or 92 permit when the license or permit is to possess wildlife in 93 captivity. 94 6. Rules or orders of the commission relating to the 95 illegal importation and possession of nonnative marine plants 96 and animals. 97 7. Rules or orders of the commission relating to the 98 importation, possession, or release of fish and wildlife for 99 which possession is prohibited. 100 8. Section 379.231, relating to illegal importation or 101 release of nonnative wildlife. 102 9. Section 379.305, relating to release or escape of 103 nonnativevenomous reptiles orreptiles of concern. 104 (4) LEVEL FOUR.—Unless otherwise provided by law, the 105 following classifications and penalties apply: 106 (a) A person commits a Level Four violation if he or she 107 violates any Level Three provision after the permanent 108 revocation of a license or permit. 109 (b) A person who commits any offense classified as a Level 110 Four violation commits a felony of the third degree, punishable 111 as provided in s. 775.082 or s. 775.083. 112 (c) A person commits a Level Four violation if he or she 113 violates any of the following provisions: 114 1. Section 379.305(3), relating to release or escape of 115 venomous reptiles. 116 2. Section 379.305(4), relating to purchase, sale, attempt 117 to sell, offer for sale, conspiracy to sell, barter, exchange, 118 trade, or import for sale or use of any species of venomous 119 reptile. 120 Section 3. This act shall take effect July 1, 2023.