CS/HB 1505

1
A bill to be entitled
2An act relating to wildlife; amending s. 372.86, F.S.;
3requiring the Fish and Wildlife Conservation Commission to
4establish a list of reptiles of concern subject to
5regulation; prohibiting the unlawful capturing, keeping,
6possessing, transporting, or exhibiting of venomous
7reptiles or reptiles of concern; authorizing the
8commission to inspect venomous reptiles or reptiles of
9concern held in captivity; requiring written reports of
10violations; authorizing the commission to revoke licenses
11and permits under certain circumstances; requiring the
12commission to adopt rules for the transportation of
13venomous reptiles or reptiles of concern; amending s.
14372.87, F.S.; requiring licensure for the capturing,
15keeping, possessing, or exhibiting of venomous reptiles or
16reptiles of concern; providing for fees; authorizing the
17commission to reduce fees applicable to reptiles of
18concern under certain circumstances; requiring fee
19proceeds to be deposited into the State Game Trust Fund;
20specifying uses of the proceeds; amending s. 372.88, F.S.;
21providing for the bond required for the exhibition of
22venomous reptiles to be payable to the commission;
23providing for regulation of the capturing of venomous
24reptiles; repealing s. 372.89, F.S., relating to safe,
25secure, and proper housing of poisonous or venomous
26reptiles; repealing s. 372.90, F.S., relating to the
27transportation of poisonous or venomous reptiles;
28repealing s. 372.901, F.S., relating to the inspection of
29poisonous or venomous held in captivity; repealing s.
30372.91, F.S., relating to who may open cages, pits, or
31other containers housing poisonous or venomous reptiles;
32renumbering s. 372.911, F.S., relating to rewards, to
33conform; amending s. 372.92, F.S.; providing criminal
34penalties for certain activities related to venomous
35reptiles or reptiles of concern; amending s. 372.935,
36F.S.; providing violation levels and applicable penalties
37relating to captive wildlife, including suspension or
38revocation of license; providing a definition; providing
39for commission limitations in certain administrative
40actions; providing an appropriation; providing effective
41dates.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Section 372.86, Florida Statutes, is amended to
46read:
47     372.86  Capturing, keeping, possessing, transporting, or
48exhibiting poisonous or venomous reptiles or reptiles of concern
49reptile; license required.--
50     (1)  No person, firm, or corporation shall capture, keep,
51possess, or exhibit any poisonous or venomous reptile or reptile
52of concern without first having obtained a special permit or
53license therefor from the Fish and Wildlife Conservation
54Commission as herein provided in this section.
55     (2)  The commission shall establish a list of reptiles of
56concern, including venomous, nonvenomous, native, nonnative, or
57other reptiles which require additional regulation for capture,
58possession, transportation, or exhibition due to their nature,
59habits, status, or potential to impact humans or the
60environment.
61     (3)  It shall be unlawful for any person, firm, or
62corporation, whether licensed hereunder or not, to capture,
63keep, possess, or exhibit any venomous reptile or reptile of
64concern in any manner not approved as safe, secure, and proper
65by the commission. Venomous reptiles or reptiles of concern held
66in captivity are subject to inspection by the commission. The
67commission shall determine whether the reptiles are securely,
68safely, and properly penned. In the event that the reptiles are
69not safely penned, the commission shall report the situation in
70writing to the person, firm, or corporation owning the reptiles.
71Failure of the person, firm, or corporation to correct the
72situation within 30 days after such written notice shall be
73grounds for revocation of the license or permit of the person,
74firm, or corporation.
75     (4)  Venomous reptiles or reptiles of concern shall be
76transported in a safe, secure, and proper manner. The commission
77shall establish by rule the requirements for the transportation
78of venomous reptiles or reptiles of concern.
79     Section 2.  Effective January 1, 2008, section 372.87,
80Florida Statutes, is amended to read:
81     372.87  License fee; renewal, revocation.--
82     (1)(a)  The Fish and Wildlife Conservation Commission is
83hereby authorized and empowered to issue a license or permit for
84the capturing, keeping, possessing, or exhibiting of poisonous
85or venomous reptiles, upon payment of an annual fee of $100 and
86upon assurance that all of the provisions of ss. 372.86-372.92
87372.86-372.91 and such other reasonable rules and regulations as
88the said commission may prescribe will be fully complied with in
89all respects.
90     (b)  The Fish and Wildlife Conservation Commission is
91authorized and empowered to issue a license or permit for the
92capturing, keeping, possessing, or exhibiting of reptiles of
93concern upon payment of an annual fee not to exceed $100 and
94upon assurance that all of the provisions of ss. 372.86-372.92
95and such other reasonable rules and regulations as the
96commission may prescribe will be fully complied with in all
97respects. The annual fee for issuance or renewal of a license or
98permit under this paragraph for reptiles of concern is initially
99set at $100. However, the commission may reduce that annual fee
100by rule if the commission determines that there is general
101compliance with ss. 372.86-372.92 and that such compliance
102allows for a reduction in fees to cover the costs of
103administering and enforcing the reptiles of concern program. The
104commission may issue a license or permit to an applicant who has
105a current and valid license or permit for venomous reptiles
106under paragraph (a) and meets all requirements for the
107capturing, keeping, possessing, or exhibiting of reptiles of
108concern, but shall not require payment of an additional annual
109fee.
110     (2)  Such permits or licenses permit may be revoked by the
111Fish and Wildlife Conservation commission upon violation of any
112of the provisions of ss. 372.86-372.92 372.86-372.91 or upon
113violation of any of the rules and regulations prescribed by the
114said commission relating to the capturing, keeping, possessing,
115and exhibiting of any poisonous and venomous reptiles or
116reptiles of concern. Such permits or licenses shall be for an
117annual period to be prescribed by the said commission and shall
118be renewable from year to year upon the payment of said fee and
119shall be subject to the same conditions, limitations, and
120restrictions as herein set forth in this section. All moneys
121received pursuant to this section shall be deposited into the
122State Game Trust Fund to be used to implement, administer,
123enforce, and educate the public regarding ss. 372.86-372.92.
124     Section 3.  Section 372.88, Florida Statutes, is amended to
125read:
126     372.88  Bond required, amount.--No person, party, firm, or
127corporation shall exhibit to the public either with or without
128charge, or admission fee any poisonous or venomous reptile or
129Class I wildlife, as defined by rule of the Fish and Wildlife
130Conservation Commission, without having first posted a good and
131sufficient bond in writing in the penal sum of $10,000 $1,000
132payable to the commission Governor of the state, and the
133Governor's successors in office, conditioned that such exhibitor
134will indemnify and save harmless all persons from injury or
135damage from such poisonous or venomous reptiles or Class I
136wildlife so exhibited and shall fully comply with all laws of
137the state and all rules and regulations of the Fish and Wildlife
138Conservation commission governing the capturing, keeping,
139possessing, or exhibiting of poisonous or venomous reptiles or
140Class I wildlife; provided, however, that the aggregate
141liability of the surety for all such injuries or damages shall,
142in no event, exceed the penal sum of the said bond. The surety
143for the said bond must be a surety company authorized to do
144business under the laws of the state or in lieu of such a
145surety, cash in the sum of $10,000 $1,000 may be posted with the
146said commission to ensure compliance with the conditions of the
147said bond.
148     Section 4.  Sections 372.89, 372.90, 372.901, and 372.91,
149Florida Statutes, are repealed.
150     Section 5.  Section 372.911, Florida Statutes, is
151renumbered as section 372.0715, Florida Statutes.
152     Section 6.  Section 372.92, Florida Statutes, is amended to
153read:
154     372.92  Rules and regulations; penalties.--
155     (1)  The Fish and Wildlife Conservation Commission may
156prescribe such other rules and regulations as it may deem
157necessary to prevent the escape of poisonous and venomous
158reptiles or reptiles of concern, either in connection of
159construction of such cages or otherwise to carry out the intent
160of ss. 372.86-372.88 372.86-372.91.
161     (2)  A person who knowingly releases a nonnative venomous
162reptile or reptile of concern to the wild or who through gross
163negligence allows a nonnative venomous reptile or reptile of
164concern to escape commits a Level Three violation, punishable as
165provided in s. 372.935.
166     Section 7.  Section 372.935, Florida Statutes, is amended
167to read:
168(Substantial rewording of section. See
169s. 372.935, F.S., for present text.)
170     372.935  Captive wildlife penalties.--
171     (1)  LEVEL ONE.--Unless otherwise provided by law, the
172following classifications and penalties apply:
173     (a)  A person commits a Level One violation if he or she
174violates any of the following provisions:
175     1.  Rules or orders of the commission requiring free
176permits or other authorizations to possess captive wildlife.
177     2.  Rules or orders of the commission relating to the
178filing of reports or other documents required of persons who are
179licensed to possess captive wildlife.
180     3.  Rules or orders of the commission requiring permits to
181possess captive wildlife for which a fee is charged, when the
182person being charged was issued the permit and the permit has
183expired less than 1 year prior to the violation.
184     (b)  Any person cited for committing any offense classified
185as a Level One violation commits a noncriminal infraction,
186punishable as provided in this section.
187     (c)  Any person cited for committing a noncriminal
188infraction specified in paragraph (a) shall be cited to appear
189before the county court. The civil penalty for any noncriminal
190infraction is $50 if the person cited has not previously been
191found guilty of a Level One violation and $250 if the person
192cited has previously been found guilty of a Level One violation,
193except as otherwise provided in this subsection. Any person
194cited for failing to have a required permit or license shall pay
195an additional civil penalty in the amount of the license fee
196required.
197     (d)  Any person cited for an infraction under this
198subsection may:
199     1.  Post a bond, which shall be equal in amount to the
200applicable civil penalty; or
201     2.  Sign and accept a citation indicating a promise to
202appear before the county court. The officer may indicate on the
203citation the time and location of the scheduled hearing and
204shall indicate the applicable civil penalty.
205     (e)  Any person charged with a noncriminal infraction under
206this subsection may:
207     1.  Pay the civil penalty, either by mail or in person,
208within 30 days after the date of receiving the citation; or
209     2.  If the person has posted bond, forfeit bond by not
210appearing at the designated time and location.
211     (f)  If the person cited follows either of the procedures
212in subparagraph (e)1. or subparagraph (e)2., he or she shall be
213deemed to have admitted the infraction and to have waived his or
214her right to a hearing on the issue of commission of the
215infraction. Such admission shall not be used as evidence in any
216other proceedings except to determine the appropriate fine for
217any subsequent violations.
218     (g)  Any person who willfully refuses to post bond or
219accept and sign a summons commits a misdemeanor of the second
220degree, punishable as provided in s. 775.082 or s. 775.083. Any
221person who fails to pay the civil penalty specified in this
222subsection within 30 days after being cited for a noncriminal
223infraction or to appear before the court pursuant to this
224subsection commits a misdemeanor of the second degree,
225punishable as provided in s. 775.082 or s. 775.083.
226     (h)  Any person electing to appear before the county court
227or who is required to appear shall be deemed to have waived the
228limitations on the civil penalty specified in paragraph (c). The
229court, after a hearing, shall make a determination as to whether
230an infraction has been committed. If the commission of an
231infraction has been proven, the court may impose a civil penalty
232not less than those amounts in paragraph (c) and not to exceed
233$500.
234     (i)  At a hearing under this chapter, the commission of a
235charged infraction must be proved beyond a reasonable doubt.
236     (j)  If a person is found by the hearing official to have
237committed an infraction, she or he may appeal that finding to
238the circuit court.
239     (2)  LEVEL TWO.--Unless otherwise provided by law, the
240following classifications and penalties apply:
241     (a)  A person commits a Level Two violation if he or she
242violates any of the following provisions:
243     1.  Unless otherwise stated in subsection (1), rules or
244orders of the commission that require a person to pay a fee to
245obtain a permit to possess captive wildlife or that require the
246maintenance of records relating to captive wildlife.
247     2.  Rules or orders of the commission relating to captive
248wildlife not specified in subsection (1) or subsection (3).
249     3.  Rules or orders of the commission that require housing
250of wildlife in a safe manner when a violation results in an
251escape of wildlife other than Class I wildlife.
252     4.  Section 372.86, relating to capturing, keeping,
253possessing, transporting, or exhibiting venomous reptiles or
254reptiles of concern.
255     5.  Section 372.87, relating to requiring a license or
256permit for the capturing, keeping, possessing, or exhibiting of
257venomous reptiles or reptiles of concern.
258     6.  Section 372.88, relating to bonding requirements for
259public exhibits of venomous reptiles.
260     7.  Section 372.92, relating to commission rules and
261regulations to prevent the escape of venomous reptiles or
262reptiles of concern.
263     8.  Section 372.921, relating to exhibition or sale of
264wildlife.
265     9.  Section 372.922, relating to personal possession of
266wildlife.
267     (b)  A person who commits any offense classified as a Level
268Two violation and who has not been convicted of a Level Two or
269higher violation within the past 3 years commits a misdemeanor
270of the second degree, punishable as provided in s. 775.082 or s.
271775.083.
272     (c)  Unless otherwise stated in this subsection, a person
273who commits any offense classified as a Level Two violation
274within a 3-year period of any previous conviction of a Level Two
275or higher violation commits a misdemeanor of the first degree,
276punishable as provided in s. 775.082 or s. 775.083 with a
277minimum mandatory fine of $250.
278     (d)  Unless otherwise stated in this subsection, a person
279who commits any offense classified as a Level Two violation
280within a 5-year period of any two previous convictions of Level
281Two or higher violations commits a misdemeanor of the first
282degree, punishable as provided in s. 775.082 or s. 775.083, with
283a minimum mandatory fine of $500 and a suspension of all
284licenses issued under this chapter related to captive wildlife
285for 1 year.
286     (e)  A person who commits any offense classified as a Level
287Two violation within a 10-year period of any three previous
288convictions of Level Two or higher violations commits a
289misdemeanor of the first degree, punishable as provided in s.
290775.082 or s. 775.083, with a minimum mandatory fine of $750 and
291a suspension of all licenses issued under this chapter related
292to captive wildlife for 3 years.
293     (3)  LEVEL THREE.--Unless otherwise provided by law, the
294following classifications and penalties apply:
295     (a)  A person commits a Level Three violation if he or she
296violates any of the following provisions:
297     1.  Rules or orders of the commission that require housing
298of wildlife in a safe manner when a violation results in an
299escape of Class I wildlife.
300     2.  Rules or orders of the commission related to captive
301wildlife when the violation results in serious bodily injury to
302another person by captive wildlife that consists of a physical
303condition that creates a substantial risk of death, serious
304personal disfigurement, or protracted loss or impairment of the
305function of any bodily member or organ.
306     3.  Rules or orders of the commission relating to the use
307of gasoline or other chemical or gaseous substances on wildlife.
308     4.  Rules or orders of the commission prohibiting the
309release of wildlife for which only conditional possession is
310allowed.
311     5.  Rules or orders of the commission prohibiting knowingly
312entering false information on an application for a license or
313permit when the license or permit is to possess wildlife in
314captivity.
315     6.  Section 372.265, relating to illegal importation or
316introduction of foreign wildlife.
317     7.  Section 370.081, relating to the illegal importation
318and possession of nonindigenous marine plants and animals.
319     8.  Section 372.92, relating to release or escape of
320nonnative venomous reptiles or reptiles of concern.
321     9.  Rules or orders of the commission relating to the
322importation, possession, or release of fish and wildlife for
323which possession is prohibited.
324     (b)1.  A person who commits any offense classified as a
325Level Three violation and who has not been convicted of a Level
326Three or higher violation within the past 10 years commits a
327misdemeanor of the first degree, punishable as provided in s.
328775.082 or s. 775.083.
329     2.  A person who commits any offense classified as a Level
330Three violation within a 10-year period of any previous
331conviction of a Level Three or higher violation commits a
332misdemeanor of the first degree, punishable as provided in s.
333775.082 or s. 775.083, with a minimum mandatory fine of $750 and
334permanent revocation of all licenses or permits to possess
335captive wildlife issued under this chapter.
336     (4)  LEVEL FOUR.--Unless otherwise provided by law, the
337following classifications and penalties apply:
338     (a)  A person commits a Level Four violation if he or she
339violates any Level Three provision after the permanent
340revocation of a license or permit.
341     (b)  A person who commits any offense classified as a Level
342Four violation commits a felony of the third degree, punishable
343as provided in s. 775.082 or s. 775.083.
344     (5)  SUSPENSION OR REVOCATION OF LICENSE.--The court may
345order the suspension or revocation of any license or permit
346issued to a person to possess captive wildlife pursuant to this
347chapter if that person commits a criminal offense or a
348noncriminal infraction as specified under this section.
349     (6)  CONVICTION DEFINED.--For purposes of this section, the
350term "conviction" means any judicial disposition other than
351acquittal or dismissal.
352     (7)  COMMISSION LIMITATIONS.--Nothing in this section shall
353limit the commission from suspending or revoking any license to
354possess wildlife in captivity by administrative action in
355accordance with chapter 120. For purposes of administrative
356action, a conviction of a criminal offense shall mean any
357judicial disposition other than acquittal or dismissal.
358     Section 8.  For the 2007-2008 fiscal year, the sum of
359$75,000 is appropriated from the State Game Trust Fund to the
360Fish and Wildlife Conservation Commission for initial costs
361associated with regulating venomous reptiles and reptiles of
362concern.
363     Section 9.  Except as otherwise expressly provided in this
364act, this act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.