Florida Senate - 2020                                    SB 1176
       By Senator Perry
       8-01095-20                                            20201176__
    1                        A bill to be entitled                      
    2         An act relating to captive-bred animal culture;
    3         creating chapter 598, entitled “Animal Policy”;
    4         creating s. 598.001, F.S.; providing a short title;
    5         creating s. 598.002, F.S.; providing legislative
    6         findings and intent; creating s. 598.003, F.S.;
    7         defining terms; creating s. 598.004, F.S.; providing
    8         duties of the Department of Agriculture and Consumer
    9         Services; requiring the department to submit a list of
   10         specified research and development projects with its
   11         annual legislative budget request to the Governor and
   12         the Legislature; requiring certain funds to be
   13         deposited in the General Inspection Trust Fund to fund
   14         certain captive-bred animal projects; creating s.
   15         598.005, F.S.; requiring a captive-bred producer to
   16         apply to the department for a certificate of
   17         registration; providing requirements for the
   18         application; providing renewal requirements for a
   19         certificate of registration; requiring the department,
   20         in consultation with the Department of Environmental
   21         Protection, the Fish and Wildlife Conservation
   22         Commission, the water management districts, and other
   23         interested groups, to adopt rules that meet certain
   24         requirements; requiring captive-bred products to be
   25         identified by a captive-bred animal culture
   26         certificate of registration number under certain
   27         circumstances; creating s. 598.006, F.S.; creating the
   28         Captive-bred Animal Culture Advisory Council adjunct
   29         to the department; providing for the membership and
   30         terms of the advisory council; creating s. 598.007,
   31         F.S.; requiring the Commissioner of Agriculture, in
   32         consultation with the advisory council, to develop and
   33         coordinate the implementation of the state captive
   34         bred animal culture plan; providing requirements for
   35         the plan; requiring a revised and updated plan to be
   36         sent to the Legislature biannually; requiring that
   37         annual progress reports and budget requests be
   38         submitted to the Legislature; creating s. 598.008,
   39         F.S.; prohibiting a captive-bred producer from
   40         commingling such animals or products with wildlife or
   41         products under certain circumstances; providing civil
   42         and criminal penalties; providing an effective date.
   44  Be It Enacted by the Legislature of the State of Florida:
   46         Section 1. Chapter 598, Florida Statutes, consisting of ss.
   47  598.001-598.008, Florida Statutes, is created and entitled
   48  “Animal Policy.”
   49         Section 2. Section 598.001, Florida Statutes, is created to
   50  read:
   51         598.001 Short title.—This chapter may be cited as the
   52  “Florida Animal Policy Act.”
   53         Section 3. Section 598.002, Florida Statutes, is created to
   54  read:
   55         598.002 Legislative findings and intent.—
   56         (1) The Legislature finds that:
   57         (a) Notwithstanding any other law, captive-bred animal
   58  culture is an agricultural practice and, as such, falls within
   59  the regulatory responsibilities of the Department of Agriculture
   60  and Consumer Services, with the exception of any area regulated
   61  by federal law or rule.
   62         (b) In order to effectively support the growth of captive
   63  bred animal culture in this state, excluding animals already
   64  overseen by the department, there is a need for a state captive
   65  bred animal culture plan that will provide for the coordination
   66  and prioritization of state captive-bred animal culture efforts
   67  and for the conservation and enhancement of wildlife resources,
   68  provide mechanisms for increasing captive-bred animal culture
   69  production, and guide the research and development of the
   70  captive-bred animal culture industry.
   71         (c) The cultivation of captive-bred animals, especially
   72  wildlife, is an underdeveloped agricultural commodity enterprise
   73  in this state. The Legislature recognizes that this state
   74  possesses many resources and geographic features that are
   75  competitive advantages for the expansion and growth of captive
   76  bred animal culture into an economically viable industry. The
   77  growth potential for the present industry offers opportunities
   78  for local economic development, supply trade, and job creation.
   79  The development of captive-bred animal culture is compatible
   80  with the economies, lifestyles, and interests of both rural and
   81  urban communities in this state.
   82         (d) Factors such as a lack of husbandry knowledge and
   83  assistance, of information for overall business planning and
   84  marketing, and of coordination of the diverse interests and
   85  expertise which could contribute to the further development of
   86  captive-bred animal culture in this state inhibit the
   87  cultivation of captive-bred animals as an agricultural commodity
   88  enterprise.
   89         (2) It is the intent of the Legislature:
   90         (a) To enhance the growth of captive-bred animal culture in
   91  this state, while also protecting Florida’s environment.
   92         (b)To require the department to coordinate and assist in
   93  the development of captive-bred animal culture, especially of
   94  previously uncultured wildlife.
   95         (c) That funds designated by the Legislature for captive
   96  bred animal research and development or for contracting for
   97  captive-bred animal research and development be used to address
   98  the projects and activities specified in a state captive-bred
   99  animal culture plan, and that any entity receiving legislative
  100  funding for captive-bred animal research and development
  101  programs report annually to the department all activities
  102  related to captive-bred animal culture to facilitate
  103  coordination and compliance with the state captive-bred animal
  104  culture plan.
  105         (d)That the Captive-bred Animal Culture Advisory Council
  106  created under s. 598.006 provide a means of communication
  107  between captive-bred producers and regulatory agencies.
  108         Section 4. Section 598.003, Florida Statutes, is created to
  109  read:
  110         598.003Definitions.—As used in this chapter, the term:
  111         (1) “Broodstock” means a group of individual animals of a
  112  cultured species which are kept separate for breeding purposes.
  113         (2) “Captive-bred animals” means the progeny of a lawfully
  114  obtained broodstock. The term does not include wildlife.
  115         (3) “Captive-bred producer” means an individual who holds a
  116  current captive-bred animal culture certificate of registration
  117  and produces captive-bred products.
  118         (4) “Captive-bred products” means animals or goods that are
  119  produced by a captive-bred producer.
  120         (5) “Commissioner” means the Commissioner of Agriculture.
  121         (6) “Department” means the Department of Agriculture and
  122  Consumer Services.
  123         (7) “Domesticated animal” means a captive animal that is
  124  cultured by a captive-bred producer.
  125         (8) “Herpetoculturist” means a person who cultivates
  126  reptiles and amphibians.
  127         (9) “Wildlife” means all wild or nondomesticated animals,
  128  including aquatic species, birds, mammals, fur-bearing animals,
  129  reptiles, and amphibians.
  130         Section 5. Section 598.004, Florida Statutes, is created to
  131  read:
  132         598.004 Powers and duties of the department.—
  133         (1) The department is the lead agency in encouraging the
  134  development of captive-bred animal culture in this state and
  135  shall have and exercise the following functions, powers, and
  136  duties with regard to captive-bred animal culture:
  137         (a) To issue or deny captive-bred animal culture
  138  certificates that identify captive-bred producers and captive
  139  bred products.
  140         (b) To coordinate the development, annual revision, and
  141  implementation of a state captive-bred animal culture plan. The
  142  plan must include a priority list of recommendations for
  143  research and development, as suggested by the Captive-bred
  144  Animal Culture Advisory Council created under s. 598.006, and
  145  for public and private institutional research, extension, and
  146  service programs.
  147         (c) To develop memoranda of agreement, as needed, with the
  148  Department of Environmental Protection, the Fish and Wildlife
  149  Conservation Commission, and other groups, as provided in the
  150  state captive-bred animal culture plan.
  151         (d) To provide staff for the advisory council.
  152         (e) To submit the list of proposed research and development
  153  projects to be funded through the department, as identified in
  154  the state captive-bred animal culture plan, along with the
  155  department’s legislative budget request, to the Governor, the
  156  President of the Senate, and the Speaker of the House of
  157  Representatives. If funded, the projects must be contracted for
  158  by the department and must require public-private partnerships
  159  when appropriate. The contracts must require that a percentage
  160  of the profit generated by the project be deposited into the
  161  General Inspection Trust Fund solely for the purpose of funding
  162  captive-bred animal projects that are recommended by the
  163  advisory council.
  164         (f) To provide developmental assistance to the various
  165  sectors of the captive-bred animal culture industry, as
  166  determined in the state captive-bred animal culture plan.
  167         (g) To assist persons seeking to engage in captive-bred
  168  animal culture when applying for any necessary permits and to
  169  serve as an ombudsman to resolve complaints and disputes or to
  170  otherwise resolve problems arising between captive-bred
  171  producers and regulatory agencies.
  172         (h) To provide recommendations to the Legislature regarding
  173  the implementation of the state captive-bred animal culture plan
  174  and the advancement of captive-bred animal culture in this
  175  state.
  176         (i) To issue or deny any license or permit that the
  177  department is authorized or delegated to issue or deny by the
  178  Legislature or through a memorandum of understanding with other
  179  state or federal agencies which furthers the intent of the
  180  Legislature to place the regulation of captive-bred animal
  181  culture in the department.
  182         (j) To provide assistance in developing technologies
  183  applicable to captive-bred animal culture, evaluate practicable
  184  production alternatives, and provide agreements to develop
  185  innovative captive-bred animal culture practices.
  186         (2) The department may employ such persons as are necessary
  187  to perform its duties under this chapter.
  188         Section 6. Section 598.005, Florida Statutes, is created to
  189  read:
  190         598.005 Captive-bred animal culture certificate of
  191  registration.—
  192         (1) CERTIFICATION APPLICATION AND RENEWAL.—A captive-bred
  193  producer in this state shall apply to the department for a
  194  certificate of registration.
  195         (a) The application must include all of the following:
  196         1.The applicant’s name and title.
  197         2. The producer’s corporate name.
  198         3. The applicant’s mailing address.
  199         4. The legal property description and physical address of
  200  the producer’s captive-bred animal facilities.
  201         5. A description of the producer’s production facilities.
  202         6.A list of captive-bred products produced at those
  203  facilities.
  204         7. Documentation that the applicant has complied with
  205  department rules adopted pursuant to subsection (2).
  206         (b) Upon approval of an application, the department shall
  207  issue the applicant a captive-bred animal culture certificate of
  208  registration for a period not to exceed 1 year. Beginning July
  209  1, 2021, and each year thereafter, each captive-bred animal
  210  culture certificate of registration must be renewed pursuant to
  211  this chapter.
  212         (c) The department shall send notices of registration to
  213  all captive-bred producers of record requiring them to register
  214  for a captive-bred animal culture certificate. Renewal notices
  215  must be sent to the registrant 60 days before the termination
  216  date of the certificate of registration. A registrant who wishes
  217  to renew its certificate shall complete a renewal form provided
  218  by the department.
  219         (d) A producer whose certificate of registration has been
  220  revoked or suspended shall reapply to the department for
  221  certification.
  222         (2) RULES.—The department, in consultation with the
  223  Department of Environmental Protection, the Fish and Wildlife
  224  Conservation Commission, the water management districts,
  225  environmental groups, and representatives from affected farming
  226  groups, shall adopt rules that do all of the following:
  227         (a) Specify best management practices that a captive-bred
  228  producer must implement.
  229         (b) Establish procedures for a captive-bred producer to
  230  submit a notice of intent to comply with best management
  231  practices.
  232         (c) Establish schedules for the implementation of best
  233  management practices and interim measures that can be taken
  234  before adoption of the best management practices.
  235         (d) Establish a system to assure the implementation of best
  236  management practices, including recordkeeping requirements.
  238  products must be identified by a captive-bred animal culture
  239  certificate of registration number when possessed, processed,
  240  transported, or sold.
  241         (a) A person who possesses captive-bred products shall show
  242  an appropriate receipt, bill of sale, bill of lading, or other
  243  such manifest that indicates where the product originated.
  244         (b) Each captive-bred animal culture registrant who sells
  245  products labeled as “captive bred or farm raised” must clearly
  246  identify such products on an invoice or bill of lading. Invoice
  247  information must include the name and address of the producer
  248  and the captive-bred animal culture certificate of registration
  249  number.
  250         (4) SALE OF CAPTIVE-BRED PRODUCTS.—Captive-bred products
  251  may be sold by a captive-bred producer who is certified pursuant
  252  to this section. Such products may not include a species
  253  identified as a prohibited species by rules of the Fish and
  254  Wildlife Conservation Commission.
  255         Section 7. Section 598.006, Florida Statutes, is created to
  256  read:
  257         598.006 Captive-bred Animal Culture Advisory Council.—
  258         (1) The Captive-bred Animal Culture Advisory Council, an
  259  advisory council as defined in s. 20.03, is created adjunct to
  260  the department.
  261         (a) The advisory council shall consist of three members who
  262  are captive-bred producers or farmers, two members who are
  263  captive-bred product dealers, and one member who represents the
  264  Animal Industry Technical Council, all appointed by the
  265  commissioner. Members must include at least one aquaculturist
  266  and one herpetoculturist and shall serve 4-year terms.
  267         (b) Each member must be selected from at least two and no
  268  more than three nominees submitted by recognized statewide
  269  organizations representing the respective industry sectors. In
  270  the absence of nominees, the commissioner shall appoint persons
  271  who otherwise meet the qualifications for appointment to the
  272  advisory council.
  273         (c) Members, or their duly appointed representatives, shall
  274  serve until their successors are duly qualified and appointed.
  275  An appointment to fill a vacancy must be for the unexpired
  276  portion of the term.
  277         (2) Except as otherwise expressly provided in this section,
  278  the advisory council must be conducted pursuant to s.
  279  570.232(7).
  280         (3) The primary responsibility of the advisory council is
  281  to annually submit to the commissioner the industry’s
  282  recommendations for captive-bred research, promotion, and
  283  education and, as necessary, the industry’s recommendations for
  284  revisions to the state captive-bred animal culture plan.
  285         Section 8. Section 598.007, Florida Statutes, is created to
  286  read:
  287         598.007 State captive-bred animal culture plan.—
  288         (1) The commissioner, in consultation with the Captive-bred
  289  Animal Culture Advisory Council, shall develop and coordinate
  290  the implementation of the state captive-bred animal culture
  291  plan. The plan must identify problems and constraints of the
  292  captive-bred animal culture industry in developing domesticated
  293  broodstock, propose possible solutions to such problems, and
  294  develop planning mechanisms for the orderly growth of the
  295  industry, including all of the following:
  296         (a) Criteria for captive-bred animal culture research,
  297  service, and management priorities.
  298         (b) Any proposed legislation that may be required.
  299         (c) The potential for captive-bred products in terms of
  300  marketing and needs for development.
  301         (d) Research and service priorities for further development
  302  of the captive-bred animal culture industry.
  303         (e) Business planning, investment potential, financial
  304  risks, and economics of production and utilization.
  305         (2) The commissioner shall submit:
  306         (a)A revision and update of the state captive-bred animal
  307  culture plan biannually to the President of the Senate, the
  308  Speaker of the House of Representatives, and the chairs of
  309  appropriate committees of the Senate and the House of
  310  Representatives.
  311         (b)A progress report and budget request annually.
  312         Section 9. Section 598.008, Florida Statutes, is created to
  313  read:
  314         598.008 Prohibited acts; penalties.—
  315         (1) A captive-bred producer may not commingle captive-bred
  316  animals or products with any similar wildlife or products when
  317  selling them or offering them for sale.
  318         (2)(a) A producer who violates this chapter or any rule
  319  adopted under this chapter is subject to suspension or
  320  revocation of his or her certificate of registration or license,
  321  if applicable. In lieu of, or in addition to, the suspension or
  322  revocation, the department may impose on the violator an
  323  administrative fine as provided in s. 570.971(1)(a) for each
  324  violation.
  325         (b) Except as provided in subsection (4), a person who
  326  violates this chapter or any rule adopted under this chapter
  327  commits a misdemeanor of the first degree, punishable as
  328  provided in s. 775.082 or s. 775.083.
  329         (3) A producer who is certified under this chapter who has
  330  been convicted of unlawfully taking captive-bred animals raised
  331  at a certified facility shall have his or her certificate
  332  revoked for 5 years by the department pursuant to s. 120.60.
  333         (4) An individual who violates this chapter and s. 597.010
  334  or s. 597.020, or any rule adopted under those sections, commits
  335  a misdemeanor of the second degree, punishable as provided in s.
  336  775.082 or s. 775.083 for the first offense; and, for the second
  337  or any subsequent offense within a 12-month period, commits a
  338  misdemeanor of the first degree, punishable as provided in s.
  339  775.082 or s. 775.083.
  340         Section 10. This act shall take effect July 1, 2020.