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 nonnative venomous
   18  reptile or reptile of concern to the wild or who through gross
   19  negligence allows a nonnative venomous reptile or reptile 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), or subsection (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  nonnative venomous reptiles or reptiles 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.