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. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 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: 110 598.003 Definitions.—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. 237 (3) IDENTIFICATION OF CAPTIVE-BRED PRODUCTS.—Captive-bred 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.