Florida Senate - 2020                              CS for SB 906
       
       
        
       By the Committee on Community Affairs; and Senator Farmer
       
       
       
       
       
       578-03425-20                                           2020906c1
    1                        A bill to be entitled                      
    2         An act relating to prohibited reptiles; amending s.
    3         379.372, F.S.; making technical changes; prohibiting a
    4         person, party, firm, association, or corporation from
    5         keeping, possessing, importing, selling, bartering,
    6         trading, or breeding for personal use or sale for
    7         personal use green iguanas or black and white tegus;
    8         authorizing certain persons, parties, firms,
    9         associations, and corporations to possess green
   10         iguanas and black and white tegus for specified
   11         purposes; requiring the Fish and Wildlife Conservation
   12         Commission to adopt rules; reenacting s. 379.2311(1),
   13         F.S., relating to the definition of the term “priority
   14         invasive species,” to incorporate the amendment made
   15         to s. 379.372, F.S., in a reference thereto; providing
   16         an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 379.372, Florida Statutes, is amended to
   21  read:
   22         379.372 Capturing, keeping, possessing, transporting, or
   23  exhibiting venomous reptiles, reptiles of concern, conditional
   24  reptiles, or prohibited reptiles; license required.—
   25         (1)(a) A No person, a party, a firm, an association, or a
   26  corporation may not shall capture, keep, possess, or exhibit any
   27  poisonous or venomous reptile or reptile of concern without
   28  first having obtained a special permit or license therefor from
   29  the Fish and Wildlife Conservation Commission as provided in
   30  this section.
   31         (b) By December 31, 2007, The commission shall establish a
   32  list of reptiles of concern, including venomous, nonvenomous,
   33  native, nonnative, or other reptiles, which require additional
   34  regulation for capture, possession, transportation, or
   35  exhibition due to their nature, habits, status, or potential to
   36  negatively impact humans, the environment, or ecology.
   37         (c) It is shall be unlawful for any person, party, firm,
   38  association, or corporation, whether licensed hereunder or not,
   39  to capture, keep, possess, or exhibit any venomous reptile or
   40  reptile of concern in any manner not approved as safe, secure,
   41  and proper by the commission. Venomous reptiles or reptiles of
   42  concern held in captivity are subject to inspection by the
   43  commission. The commission shall determine whether the reptiles
   44  are securely, safely, and properly penned. If In the event that
   45  the reptiles are not safely penned, the commission must shall
   46  report the situation in writing to the person, party, firm,
   47  association, or corporation owning the reptiles. Failure of the
   48  person, party, firm, association, or corporation to correct the
   49  situation within 30 days after such written notice is shall be
   50  grounds for revocation of the license or permit of the person,
   51  party, firm, association, or corporation.
   52         (d) Venomous reptiles or reptiles of concern must shall be
   53  transported in a safe, secure, and proper manner. The commission
   54  shall establish by rule the requirements for the transportation
   55  of venomous reptiles or reptiles of concern.
   56         (2)(a) A No person, a party, a firm, an association, or a
   57  corporation may not shall keep, possess, import into the state,
   58  sell, barter, trade, or breed any of the following species for
   59  personal use or for sale for personal use:
   60         1. Burmese or Indian python (Python molurus).
   61         2. Reticulated python (Python reticulatus).
   62         3. Northern African python (Python sebae).
   63         4. Southern African python (Python natalensis).
   64         5. Amethystine or scrub python (Morelia amethystinus).
   65         6. Green Anaconda (Eunectes murinus).
   66         7. Nile monitor (Varanus niloticus).
   67         8.Green iguana (Iguana iguana), except as provided in
   68  paragraph (d).
   69         9.Black and white tegu (Salvator merianae), except as
   70  provided in paragraph (e).
   71         10.8. Any other reptile designated as a conditional or
   72  prohibited species by the commission.
   73         (b) If a person, party, firm, association, or corporation
   74  holds a permit issued before July 1, 2010, under subsection (1)
   75  to legally possess a species listed in paragraph (a), that
   76  person, party, firm, association, or corporation may possess
   77  such reptile for the remainder of the life of the reptile.
   78         (c) If a person, party, firm, association, or corporation
   79  holds a permit issued before July 1, 2010, under subsection (1)
   80  to legally possess a reptile listed in paragraph (a), and the
   81  reptile remains alive following the death or dissolution of the
   82  licensee, the reptile may be legally transferred to another
   83  entity holding a permit authorizing possession of the reptile
   84  for the remainder of the life of the reptile.
   85         (d)If a person, party, firm, association, or corporation
   86  holds a permit issued by the commission under subsection (1) to
   87  legally possess green iguanas, that person, party, firm,
   88  association, or corporation may only possess green iguanas for
   89  the purpose of the out-of-state sale of green iguanas.
   90         (e)If a person, party, firm, association, or corporation
   91  holds a permit issued by the commission under subsection (1) to
   92  legally possess black and white tegus, that person, party, firm,
   93  association, or corporation may only possess black and white
   94  tegus for the purpose of the out-of-state sale of black and
   95  white tegus.
   96         (f)(d) If the commission designates a species of reptile as
   97  a conditional or prohibited species after July 1, 2010, the
   98  commission may authorize the personal possession of that newly
   99  designated species by those licensed to possess that species of
  100  reptile before the effective date of the species’ designation by
  101  the commission as a conditional or prohibited species. The
  102  personal possession of such reptile is not a violation of
  103  paragraph (a) if the personal possession was authorized by the
  104  commission.
  105         (g)(e) This subsection does not apply to traveling wildlife
  106  exhibitors that are licensed or registered under the United
  107  States Animal Welfare Act or to zoological facilities that are
  108  licensed or exempted by the commission from the licensure
  109  requirement.
  110         (3)The commission shall establish by rule a method and
  111  process for the capture, purchase, inventory, and sale of all
  112  green iguanas and black and white tegus.
  113         Section 2. For the purpose of incorporating the amendment
  114  made by this act to section 379.372, Florida Statutes, in a
  115  reference thereto, subsection (1) of section 379.2311, Florida
  116  Statutes, is reenacted to read:
  117         379.2311 Nonnative animal management.—
  118         (1) As used in this section, the term “priority invasive
  119  species” means the following:
  120         (a) Lizards of the genus Tupinambis, also known as tegu
  121  lizards;
  122         (b) Species identified in s. 379.372(2)(a);
  123         (c) Pterois volitans, also known as red lionfish; and
  124         (d) Pterois miles, also known as the common lionfish or
  125  devil firefish.
  126         Section 3. This act shall take effect July 1, 2020.