January 19, 2020
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       Florida Senate - 2010              CS for SB 318 & CS for SB 572
       
       
       
       By the Committees on General Government Appropriations; and
       Environmental Preservation and Conservation; and Senators Sobel,
       Constantine, and Lynn
       
       
       601-04852-10                                           2010318c1
    1                        A bill to be entitled                      
    2         An act relating to wildlife regulation; amending s.
    3         379.231, F.S.; prohibiting the import or release of
    4         nonnative animals in this state unless authorized by
    5         the Fish and Wildlife Commission; conforming a cross
    6         reference to changes made by the act; amending s.
    7         379.372, F.S.; prohibiting persons or entities from
    8         keeping, possessing, importing, selling, bartering,
    9         trading, or breeding certain reptiles in this state;
   10         providing exceptions; providing that such prohibitions
   11         do not apply to specified zoological facilities;
   12         amending s. 379.374, F.S.; providing bonding
   13         requirements for the possession of certain wildlife;
   14         amending s. 379.3761, F.S.; requiring that any person
   15         or entity wishing to keep wildlife in captivity or
   16         sell specified species of wildlife obtain a permit
   17         from the commission; amending s. 379.401, F.S.;
   18         removing a provision classifying the importation of
   19         nonindigenous species a Level Three violation;
   20         amending s. 479.4015, F.S.; classifying violations
   21         relating to the importation, sale, introduction, and
   22         release of certain types of nonnative wildlife into
   23         this state; requiring the imposition of minimum fines
   24         for certain violations; authorizing the commission to
   25         impose specified civil penalties for certain
   26         violations of state law; limiting the amount of such
   27         penalties; authorizing the commission to consider
   28         certain factors when determining the amount of such
   29         penalty; requiring that the proceeds from the payment
   30         of such penalties be deposited into the State Game
   31         Trust Fund and used for specified purposes; requiring
   32         that the commission submit a report containing certain
   33         information to the President of the Senate and the
   34         Speaker of the House of Representatives on or before a
   35         specified deadline; requiring that the commission
   36         annually evaluate the placement of additional species
   37         on the list of reptiles of concern beginning by a
   38         specified date; amending ss. 379.101, 379.244, 379.26,
   39         379.304, 379.361, 379.363, and 379.3762, F.S.;
   40         revising terminology to conform to changes made by the
   41         act; providing an effective date.
   42  
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Section 379.231, Florida Statutes, is amended to
   46  read:
   47         379.231 Regulation of nonnative foreign animals.—
   48         (1) It is unlawful to import for sale or use, or to release
   49  within this state, any species of the animal kingdom not native
   50  indigenous to Florida unless authorized by without having
   51  obtained a permit to do so from the Fish and Wildlife
   52  Conservation Commission.
   53         (2) The Fish and Wildlife Conservation Commission is
   54  authorized to issue or deny such a permit upon the completion of
   55  studies of the species made by it to determine any detrimental
   56  effect the species might have on the ecology of the state.
   57         (2)(3) A person in violation of this section commits a
   58  Level Three violation under s. 379.4015 s. 379.401.
   59         Section 2. Section 379.372, Florida Statutes, is amended to
   60  read:
   61         379.372 Capturing, keeping, possessing, transporting, or
   62  exhibiting venomous reptiles, or reptiles of concern,
   63  conditional reptiles, or prohibited reptiles; license required.—
   64         (1)(a) No person, party, firm, association, or corporation
   65  shall capture, keep, possess, or exhibit any poisonous or
   66  venomous reptile or reptile of concern without first having
   67  obtained a special permit or license therefor from the Fish and
   68  Wildlife Conservation Commission as provided in this section.
   69         (b)(2) By December 31, 2007, the commission shall establish
   70  a list of reptiles of concern, including venomous, nonvenomous,
   71  native, nonnative, or other reptiles, which require additional
   72  regulation for capture, possession, transportation, or
   73  exhibition due to their nature, habits, status, or potential to
   74  negatively impact humans, the environment, or ecology, or
   75  humans.
   76         (c)(3) It shall be unlawful for any person, party, firm,
   77  association, or corporation, whether licensed hereunder or not,
   78  to capture, keep, possess, or exhibit any venomous reptile or
   79  reptile of concern in any manner not approved as safe, secure,
   80  and proper by the commission. Venomous reptiles or reptiles of
   81  concern held in captivity are subject to inspection by the
   82  commission. The commission shall determine whether the reptiles
   83  are securely, safely, and properly penned. In the event that the
   84  reptiles are not safely penned, the commission shall report the
   85  situation in writing to the person, party, firm, association, or
   86  corporation owning the reptiles. Failure of the person, party,
   87  firm, association, or corporation to correct the situation
   88  within 30 days after such written notice shall be grounds for
   89  revocation of the license or permit of the person, party, firm,
   90  association, or corporation.
   91         (d)(4) Venomous reptiles or reptiles of concern shall be
   92  transported in a safe, secure, and proper manner. The commission
   93  shall establish by rule the requirements for the transportation
   94  of venomous reptiles or reptiles of concern.
   95         (2)(a) No person, party, firm, association, or corporation
   96  shall keep, possess, import into the state, sell, barter, trade,
   97  or breed the following species for personal use or for sale for
   98  personal use:
   99         1. Burmese or Indian python (Python molurus).
  100         2. Reticulated python (Python reticulatus).
  101         3. Northern African python (Python sebae).
  102         4. Southern African python (Python natalensis).
  103         5. Amethystine or scrub python (Morelia amethystinus).
  104         6. Green Anaconda (Eunectes murinus).
  105         7. Nile monitor (Varanus niloticus).
  106         8. Any other reptile designated as a conditional or
  107  prohibited species by the commission.
  108         (b) If a person, party, firm, association, or corporation
  109  holds a permit issued before July 1, 2010, under subsection (1)
  110  to legally possess a species listed in paragraph (a), that
  111  person, party, firm, association, or corporation may possess
  112  such reptile for the remainder of the life of the reptile.
  113         (c) If a person, party, firm, association, or corporation
  114  holds a permit issued before July 1, 2010, under subsection (1)
  115  to legally possess a reptile listed in paragraph (a), and the
  116  reptile remains alive following the death or dissolution of the
  117  licensee, the reptile may be legally transferred to another
  118  entity holding a permit authorizing possession of the reptile
  119  for the remainder of the life of the reptile.
  120         (d) If the commission designates a species of reptile as a
  121  conditional or prohibited species after July 1, 2010, the
  122  commission may authorize the personal possession of that newly
  123  designated species by those licensed to possess that species of
  124  reptile before the effective date of the species’ designation by
  125  the commission as a conditional or prohibited species. The
  126  personal possession of such reptile is not a violation of
  127  paragraph (a) if the personal possession was authorized by the
  128  commission.
  129         (e) This subsection does not apply to traveling wildlife
  130  exhibitors that are licensed or registered under the United
  131  States Animal Welfare Act or to zoological facilities that are
  132  licensed or exempted by the commission from the licensure
  133  requirement.
  134         Section 3. Subsection (2) of section 379.374, Florida
  135  Statutes, is amended to read:
  136         379.374 Bond required, amount.—
  137         (2) No person, party, firm, association, or corporation
  138  shall possess or exhibit to the public either with or without
  139  charge or admission fee, any Class I wildlife, as defined in s.
  140  379.303 and commission rule, without having first guaranteed
  141  financial responsibility, in the sum of $10,000, for any
  142  liability which may be incurred in the possession or exhibition
  143  to the public of Class I wildlife. The commission shall adopt,
  144  by rule, the methods of payment that satisfy the financial
  145  responsibility, which may include cash, the establishment of a
  146  trust fund, an irrevocable letter of credit, casualty insurance,
  147  a corporate guarantee, or any combination thereof, in the sum of
  148  $10,000 which shall be posted with the commission. In lieu of
  149  the $10,000 financial responsibility guarantee required in this
  150  subsection, the person, party, firm, association, or corporation
  151  exhibiter has the option to maintain comprehensive general
  152  liability insurance, with minimum limits of $2 million per
  153  occurrence and $2 million annual aggregate, as shall protect the
  154  person, party, firm, association, or corporation exhibiter from
  155  claims for damage for personal injury, including accidental
  156  death, as well as claims for property damage which may arise.
  157  Proof of such insurance shall be submitted to the commission.
  158         Section 4. Subsections (1) and (4) of section 379.3761,
  159  Florida Statutes, are amended to read:
  160         379.3761 Exhibition or sale of wildlife; fees;
  161  classifications.—
  162         (1) In order to provide humane treatment and sanitary
  163  surroundings for wild animals kept in captivity, no person,
  164  party, firm, corporation, or association, or corporation shall
  165  have, or be in possession of, in captivity for the purpose of
  166  public display with or without charge or for public sale any
  167  wildlife, specifically birds, mammals, amphibians, and reptiles,
  168  whether native indigenous to Florida or not, without having
  169  first secured a permit from the commission authorizing such
  170  person, party, firm, association, or corporation to have in its
  171  possession in captivity the species and number of wildlife
  172  specified within such permit; however, this section does not
  173  apply to any wildlife not protected by law and the rules of the
  174  commission. No person, party, firm, association, or corporation
  175  may sell any wild animal life designated by commission rule as a
  176  conditional or prohibited species, Class I or Class II wildlife,
  177  reptile of concern, or venomous reptile in this state, including
  178  a sale with delivery made in this state, regardless of the
  179  origin of the sale or the location of the initial transaction,
  180  unless authorized by the commission.
  181         (4) The provisions of this section relative to licensing
  182  for exhibition do not apply to any municipal, county, state, or
  183  other publicly owned wildlife exhibit or any traveling zoo,
  184  circus, or exhibit licensed under chapter 205. The provisions of
  185  this section do not apply to any traveling zoo, circus, or
  186  exhibit licensed as provided by chapter 205.
  187         Section 5. Paragraph (a) of subsection (3) of section
  188  379.401, Florida Statutes, is amended to read:
  189         379.401 Penalties and violations; civil penalties for
  190  noncriminal infractions; criminal penalties; suspension and
  191  forfeiture of licenses and permits.—
  192         (3)(a) LEVEL THREE VIOLATIONS.—A person commits a Level
  193  Three violation if he or she violates any of the following
  194  provisions:
  195         1. Rules or orders of the commission prohibiting the sale
  196  of saltwater fish.
  197         2. Rules or orders of the commission prohibiting the
  198  illegal importation or possession of exotic marine plants or
  199  animals.
  200         3. Section 379.407(2), establishing major violations.
  201         4. Section 379.407(4), prohibiting the possession of
  202  certain finfish in excess of recreational daily bag limits.
  203         5. Section 379.28, prohibiting the importation of
  204  freshwater fish.
  205         6. Section 379.231, prohibiting the importation of
  206  nonindigenous species of the animal kingdom without a permit
  207  issued by the commission.
  208         6.7. Section 379.354(17), prohibiting the taking of game,
  209  freshwater fish, or saltwater fish while a required license is
  210  suspended or revoked.
  211         7.8. Section 379.3014, prohibiting the illegal sale or
  212  possession of alligators.
  213         8.9. Section 379.404(1), (3), and (6), prohibiting the
  214  illegal taking and possession of deer and wild turkey.
  215         9.10. Section 379.406, prohibiting the possession and
  216  transportation of commercial quantities of freshwater game fish.
  217         Section 6. Section 379.4015, Florida Statutes, is amended
  218  to read:
  219         379.4015 Nonnative and captive wildlife penalties.—
  220         (1) LEVEL ONE.—Unless otherwise provided by law, the
  221  following classifications and penalties apply:
  222         (a) A person commits a Level One violation if he or she
  223  violates any of the following provisions:
  224         1. Rules or orders of the commission requiring free permits
  225  or other authorizations to possess captive wildlife.
  226         2. Rules or orders of the commission relating to the filing
  227  of reports or other documents required of persons who are
  228  licensed to possess captive wildlife.
  229         3. Rules or orders of the commission requiring permits to
  230  possess captive wildlife for which a fee is charged, when the
  231  person being charged was issued the permit and the permit has
  232  expired less than 1 year prior to the violation.
  233         (b) Any person cited for committing any offense classified
  234  as a Level One violation commits a noncriminal infraction,
  235  punishable as provided in this section.
  236         (c) Any person cited for committing a noncriminal
  237  infraction specified in paragraph (a) shall be cited to appear
  238  before the county court. The civil penalty for any noncriminal
  239  infraction is $50 if the person cited has not previously been
  240  found guilty of a Level One violation and $250 if the person
  241  cited has previously been found guilty of a Level One violation,
  242  except as otherwise provided in this subsection. Any person
  243  cited for failing to have a required permit or license shall pay
  244  an additional civil penalty in the amount of the license fee
  245  required.
  246         (d) Any person cited for an infraction under this
  247  subsection may:
  248         1. Post a bond, which shall be equal in amount to the
  249  applicable civil penalty; or
  250         2. Sign and accept a citation indicating a promise to
  251  appear before the county court. The officer may indicate on the
  252  citation the time and location of the scheduled hearing and
  253  shall indicate the applicable civil penalty.
  254         (e) Any person charged with a noncriminal infraction under
  255  this subsection may:
  256         1. Pay the civil penalty, either by mail or in person,
  257  within 30 days after the date of receiving the citation; or
  258         2. If the person has posted bond, forfeit bond by not
  259  appearing at the designated time and location.
  260         (f) If the person cited follows either of the procedures in
  261  subparagraph (e)1. or subparagraph (e)2., he or she shall be
  262  deemed to have admitted the infraction and to have waived his or
  263  her right to a hearing on the issue of commission of the
  264  infraction. Such admission shall not be used as evidence in any
  265  other proceedings except to determine the appropriate fine for
  266  any subsequent violations.
  267         (g) Any person who willfully refuses to post bond or accept
  268  and sign a summons commits a misdemeanor of the second degree,
  269  punishable as provided in s. 775.082 or s. 775.083. Any person
  270  who fails to pay the civil penalty specified in this subsection
  271  within 30 days after being cited for a noncriminal infraction or
  272  to appear before the court pursuant to this subsection commits a
  273  misdemeanor of the second degree, punishable as provided in s.
  274  775.082 or s. 775.083.
  275         (h) Any person electing to appear before the county court
  276  or who is required to appear shall be deemed to have waived the
  277  limitations on the civil penalty specified in paragraph (c). The
  278  court, after a hearing, shall make a determination as to whether
  279  an infraction has been committed. If the commission of an
  280  infraction has been proven, the court may impose a civil penalty
  281  not less than those amounts in paragraph (c) and not to exceed
  282  $500.
  283         (i) At a hearing under this chapter, the commission of a
  284  charged infraction must be proved beyond a reasonable doubt.
  285         (j) If a person is found by the hearing official to have
  286  committed an infraction, she or he may appeal that finding to
  287  the circuit court.
  288         (2) LEVEL TWO.—Unless otherwise provided by law, the
  289  following classifications and penalties apply:
  290         (a) A person commits a Level Two violation if he or she
  291  violates any of the following provisions:
  292         1. Unless otherwise stated in subsection (1), rules or
  293  orders of the commission that require a person to pay a fee to
  294  obtain a permit to possess captive wildlife or that require the
  295  maintenance of records relating to captive wildlife.
  296         2. Rules or orders of the commission relating to captive
  297  wildlife not specified in subsection (1) or subsection (3).
  298         3. Rules or orders of the commission that require housing
  299  of wildlife in a safe manner when a violation results in an
  300  escape of wildlife other than Class I wildlife.
  301         4. Rules or orders of the commission relating to wild
  302  animal life identified by commission rule as either conditional
  303  species or prohibited species.
  304         5.4. Section 379.372, relating to capturing, keeping,
  305  possessing, transporting, or exhibiting venomous reptiles, or
  306  reptiles of concern, conditional reptiles, or prohibited
  307  reptiles.
  308         6.5. Section 379.373, relating to requiring a license or
  309  permit for the capturing, keeping, possessing, or exhibiting of
  310  venomous reptiles or reptiles of concern.
  311         7.6. Section 379.374, relating to bonding requirements for
  312  public exhibits of venomous reptiles.
  313         8.7. Section 379.305, relating to commission rules and
  314  regulations to prevent the escape of venomous reptiles or
  315  reptiles of concern.
  316         9.8. Section 379.304, relating to exhibition or sale of
  317  wildlife.
  318         10.9. Section 379.3761, relating to exhibition or sale of
  319  wildlife.
  320         11.10. Section 379.3762, relating to personal possession of
  321  wildlife.
  322         (b) A person who commits any offense classified as a Level
  323  Two violation and who has not been convicted of a Level Two or
  324  higher violation within the past 3 years commits a misdemeanor
  325  of the second degree, punishable as provided in s. 775.082 or s.
  326  775.083.
  327         (c) Unless otherwise stated in this subsection, a person
  328  who commits any offense classified as a Level Two violation
  329  within a 3-year period of any previous conviction of a Level Two
  330  or higher violation commits a misdemeanor of the first degree,
  331  punishable as provided in s. 775.082 or s. 775.083 with a
  332  minimum mandatory fine of $250.
  333         (d) Unless otherwise stated in this subsection, a person
  334  who commits any offense classified as a Level Two violation
  335  within a 5-year period of any two previous convictions of Level
  336  Two or higher violations commits a misdemeanor of the first
  337  degree, punishable as provided in s. 775.082 or s. 775.083, with
  338  a minimum mandatory fine of $500 and a suspension of all
  339  licenses issued under this chapter related to captive wildlife
  340  for 1 year.
  341         (e) A person who commits any offense classified as a Level
  342  Two violation within a 10-year period of any three previous
  343  convictions of Level Two or higher violations commits a
  344  misdemeanor of the first degree, punishable as provided in s.
  345  775.082 or s. 775.083, with a minimum mandatory fine of $750 and
  346  a suspension of all licenses issued under this chapter related
  347  to captive wildlife for 3 years.
  348         (f) In addition to being subject to the penalties under
  349  paragraphs (b)–(e), a person who commits a Level Two violation
  350  that is a violation of s. 379.372 or rules or orders relating to
  351  wild animal life identified as conditional or prohibited shall
  352  receive a minimum mandatory fine of $100 and immediately
  353  surrender the wildlife for which the violation was issued unless
  354  such person lawfully obtains a permit for possession.
  355         (3) LEVEL THREE.—Unless otherwise provided by law, the
  356  following classifications and penalties apply:
  357         (a) A person commits a Level Three violation if he or she
  358  violates any of the following provisions:
  359         1. Rules or orders of the commission that require housing
  360  of wildlife in a safe manner when a violation results in an
  361  escape of Class I wildlife.
  362         2. Rules or orders of the commission related to captive
  363  wildlife when the violation results in serious bodily injury to
  364  another person by captive wildlife that consists of a physical
  365  condition that creates a substantial risk of death, serious
  366  personal disfigurement, or protracted loss or impairment of the
  367  function of any bodily member or organ.
  368         3. Rules or orders of the commission relating to the use of
  369  gasoline or other chemical or gaseous substances on wildlife.
  370         4. Rules or orders of the commission prohibiting the
  371  release of wildlife for which only conditional possession is
  372  allowed.
  373         5. Rules or orders of the commission prohibiting knowingly
  374  entering false information on an application for a license or
  375  permit when the license or permit is to possess wildlife in
  376  captivity.
  377         6. Rules or orders of the commission relating to the
  378  illegal importation and possession of nonnative nonindigenous
  379  marine plants and animals.
  380         7. Rules or orders of the commission relating to the
  381  importation, possession, or release of fish and wildlife for
  382  which possession is prohibited.
  383         8. Section 379.231, relating to illegal importation or
  384  release introduction of nonnative foreign wildlife.
  385         9. Section 379.305, relating to release or escape of
  386  nonnative venomous reptiles or reptiles of concern.
  387         (b)1. A person who commits any offense classified as a
  388  Level Three violation and who has not been convicted of a Level
  389  Three or higher violation within the past 10 years commits a
  390  misdemeanor of the first degree, punishable as provided in s.
  391  775.082 or s. 775.083.
  392         2. A person who commits any offense classified as a Level
  393  Three violation within a 10-year period of any previous
  394  conviction of a Level Three or higher violation commits a
  395  misdemeanor of the first degree, punishable as provided in s.
  396  775.082 or s. 775.083, with a minimum mandatory fine of $750 and
  397  permanent revocation of all licenses or permits to possess
  398  captive wildlife issued under this chapter.
  399         (4) LEVEL FOUR.—Unless otherwise provided by law, the
  400  following classifications and penalties apply:
  401         (a) A person commits a Level Four violation if he or she
  402  violates any Level Three provision after the permanent
  403  revocation of a license or permit.
  404         (b) A person who commits any offense classified as a Level
  405  Four violation commits a felony of the third degree, punishable
  406  as provided in s. 775.082 or s. 775.083.
  407         (5) SUSPENSION OR REVOCATION OF LICENSE.—The court may
  408  order the suspension or revocation of any license or permit
  409  issued to a person to possess captive wildlife pursuant to this
  410  chapter if that person commits a criminal offense or a
  411  noncriminal infraction as specified under this section.
  412         (6) CIVIL PENALTY.—
  413         (a) In addition to other applicable penalties, the
  414  commission may impose against any person, party, firm,
  415  association, or corporation convicted of a criminal violation of
  416  any provision of s. 379.231, s. 379.372, s. 379.3761, or s.
  417  379.3762 a civil penalty of not more than $5,000 for each
  418  animal, unless otherwise authorized pursuant to subparagraphs
  419  1.-5. For all related violations attributable to a specific
  420  violator, the total civil penalty may not exceed $10,000 for
  421  each assessment for each animal.
  422         1. The history of noncompliance of the violator for any
  423  previous violation of this chapter or rules or orders of the
  424  commission shall be considered in determining the amount of the
  425  civil penalty.
  426         2. The direct economic benefit gained by the violator from
  427  the violation may be added to the scheduled civil penalty.
  428         3. The costs incurred by the commission related to the
  429  escape, recovery, and care of the wildlife for which the
  430  violation was issued shall be added to the civil penalty.
  431         4. The civil penalty assessed for a violation may not
  432  exceed $5,000 for each animal unless:
  433         a. The violator has a history of noncompliance;
  434         b. The economic benefit of the violation exceeds $5,000; or
  435         c. The costs incurred by the commission related to the
  436  escape, recovery, and care of the wildlife for which the
  437  violation was issued exceeds $5,000.
  438         5. The civil penalty assessed pursuant to this subsection
  439  may be reduced by the commission for mitigating circumstances,
  440  including good faith efforts to comply before or after discovery
  441  of the violations by the commission.
  442         (b) The proceeds of all civil penalties collected pursuant
  443  to this subsection shall be deposited into the State Game Trust
  444  Fund and shall be used for management, administration, auditing,
  445  and research purposes.
  446         (7)(6) CONVICTION DEFINED.—For purposes of this section,
  447  the term “conviction” means any judicial disposition other than
  448  acquittal or dismissal.
  449         (8)(7) COMMISSION LIMITATIONS.—Nothing in this section
  450  shall limit the commission from suspending or revoking any
  451  license to possess wildlife in captivity by administrative
  452  action in accordance with chapter 120. For purposes of
  453  administrative action, a conviction of a criminal offense shall
  454  mean any judicial disposition other than acquittal or dismissal.
  455         (9) ANNUAL REPORT.—By January 1 of each year, the
  456  commission shall submit to the President of the Senate and the
  457  Speaker of the House of Representatives a report listing each
  458  species identified by the commission as a conditional or
  459  prohibited species or a reptile of concern.
  460         Section 7. By December 31, 2010, the Fish and Wildlife
  461  Conservation Commission shall evaluate the placement of
  462  additional species, such as iguanas, on the list of reptiles of
  463  concern.
  464         Section 8. Subsections (18), (25), and (34) of section
  465  379.101, Florida Statutes, are amended to read:
  466         379.101 Definitions.—In construing these statutes, where
  467  the context does not clearly indicate otherwise, the word,
  468  phrase, or term:
  469         (18) “Freshwater fish” means all classes of pisces that are
  470  native indigenous to fresh water.
  471         (25) “Nongame” means all species and populations of native
  472  indigenous wild vertebrates and invertebrates in the state that
  473  are not defined as game.
  474         (34) “Saltwater fish” means:
  475         (a) Any saltwater species of finfish of the classes
  476  Agnatha, Chondrichthyes, or Osteichthyes and marine
  477  invertebrates of the classes Gastropoda, Bivalvia, or Crustacea,
  478  or of the phylum Echinodermata, but does not include nonliving
  479  shells or echinoderms; and
  480         (b) All classes of pisces, shellfish, sponges, and
  481  crustacea native indigenous to salt water.
  482         Section 9. Subsection (2) of section 379.244, Florida
  483  Statutes, is amended to read:
  484         379.244 Crustacea, marine animals, fish; regulations;
  485  general provisions.—
  486         (2) TAKING SALTWATER SPECIES FOR EXPERIMENTAL,
  487  AQUACULTURAL, SCIENTIFIC, EDUCATION, AND EXHIBITION PURPOSES.
  488  Notwithstanding any other provisions of general or special law
  489  to the contrary, the Fish and Wildlife Conservation Commission
  490  may authorize, upon such terms, conditions, and restrictions as
  491  it may prescribe by rule, any properly accredited person to
  492  harvest or possess native indigenous or nonnative nonindigenous
  493  saltwater species for experimental, scientific, education, and
  494  exhibition purposes or to harvest or possess reasonable
  495  quantities of aquacultural species for brood stock. Such
  496  authorizations may allow collection of specimens without regard
  497  to, and not limited to, size, seasonal closure, collection
  498  method, reproductive state, or bag limit. Authorizations issued
  499  under the provisions of this section may be suspended or revoked
  500  by the Fish and Wildlife Conservation Commission if it finds
  501  that the person has violated this section, Fish and Wildlife
  502  Conservation Commission rules or orders, or terms or conditions
  503  of the authorization or has submitted false or inaccurate
  504  information in his or her application.
  505         Section 10. Subsections (1) and (5) of section 379.26,
  506  Florida Statutes, are amended to read:
  507         379.26 Illegal importation or possession of nonindigenous
  508  marine plants and animals; rules and regulations.—
  509         (1) It is unlawful to import or possess any marine plant or
  510  marine animal, not native indigenous to the state, which, due to
  511  the stimulating effect of the waters of the state on
  512  procreation, may endanger or infect the marine resources of the
  513  state or pose a human health hazard, except as provided in this
  514  section.
  515         (5) It is unlawful to release into the waters of the state
  516  any nonnative nonindigenous saltwater species whether or not
  517  included in subsection (2) or prohibited by rules and
  518  regulations adopted pursuant to subsection (3) or authorized by
  519  subsection (4).
  520         Section 11. Subsection (1) of section 379.304, Florida
  521  Statutes, is amended to read:
  522         379.304 Exhibition or sale of wildlife.—
  523         (1) Permits issued pursuant to s. 379.3761 and places where
  524  wildlife is kept or held in captivity shall be subject to
  525  inspection by officers of the commission at all times. The
  526  commission shall have the power to release or confiscate any
  527  specimens of any wildlife, specifically birds, mammals,
  528  amphibians, or reptiles, whether native indigenous to the state
  529  or not, when it is found that conditions under which they are
  530  being confined are unsanitary, or unsafe to the public in any
  531  manner, or that the species of wildlife are being maltreated,
  532  mistreated, or neglected or kept in any manner contrary to the
  533  provisions of chapter 828, any such permit to the contrary
  534  notwithstanding. Before any such wildlife is confiscated or
  535  released under the authority of this section, the owner thereof
  536  shall have been advised in writing of the existence of such
  537  unsatisfactory conditions; the owner shall have been given 30
  538  days in which to correct such conditions; the owner shall have
  539  failed to correct such conditions; the owner shall have had an
  540  opportunity for a proceeding pursuant to chapter 120; and the
  541  commission shall have ordered such confiscation or release after
  542  careful consideration of all evidence in the particular case in
  543  question. The final order of the commission shall constitute
  544  final agency action.
  545         Section 12. Paragraph (b) of subsection (4) of section
  546  379.361, Florida Statutes, is amended to read:
  547         379.361 Licenses.—
  548         (4) SPECIAL ACTIVITY LICENSES.—
  549         (b) The Fish and Wildlife Conservation Commission is
  550  authorized to issue special activity licenses in accordance with
  551  this section and s. 379.2524, to permit the importation and
  552  possession of wild anadromous sturgeon. The commission is also
  553  authorized to issue special activity licenses, in accordance
  554  with this section and s. 379.2524, to permit the importation,
  555  possession, and aquaculture of native and nonnative anadromous
  556  sturgeon until best management practices are implemented for the
  557  cultivation of anadromous sturgeon pursuant to s. 597.004. The
  558  special activity license shall provide for specific management
  559  practices to protect native indigenous populations of saltwater
  560  species.
  561         Section 13. Subsection (1) of section 379.363, Florida
  562  Statutes, is amended to read:
  563         379.363 Freshwater fish dealer’s license.—
  564         (1) No person shall engage in the business of taking for
  565  sale or selling any frogs or freshwater fish, including live
  566  bait, of any species or size, or importing any exotic or
  567  nonnative nonindigenous fish, until such person has obtained a
  568  license and paid the fee therefor as set forth herein. The
  569  license issued shall be in the possession of the person to whom
  570  issued while such person is engaging in the business of taking
  571  for sale or selling freshwater fish or frogs, is not
  572  transferable, shall bear on its face in indelible ink the name
  573  of the person to whom it is issued, and shall be affixed to a
  574  license identification card issued by the commission. Such
  575  license is not valid unless it bears the name of the person to
  576  whom it is issued and is so affixed. The failure of such person
  577  to exhibit such license to the commission or any of its wildlife
  578  officers when such person is found engaging in such business is
  579  a violation of law. The license fees and activities permitted
  580  under particular licenses are as follows:
  581         (a) The fee for a resident commercial fishing license,
  582  which permits a resident to take freshwater fish or frogs by any
  583  lawful method prescribed by the commission and to sell such fish
  584  or frogs, shall be $25. The license provided for in this
  585  paragraph shall also allow noncommercial fishing as provided by
  586  law and commission rules, and the license in s. 379.354(4)(a)
  587  shall not be required.
  588         (b) The fee for a resident freshwater fish dealer’s
  589  license, which permits a resident to import, export, or sell
  590  freshwater fish or frogs, including live bait, shall be $40.
  591         (c) The fee for a nonresident commercial fishing license,
  592  which permits a nonresident to take freshwater fish or frogs as
  593  provided in paragraph (a), shall be $100.
  594         (d) The fee for a nonresident retail fish dealer’s license,
  595  which permits a nonresident to sell freshwater fish or frogs to
  596  a consumer, shall be $100.
  597         (e) The fee for a nonresident wholesale fish dealer’s
  598  license, which permits a nonresident to sell freshwater fish or
  599  frogs within the state, and to buy freshwater fish or frogs for
  600  resale, shall be $500.
  601         (f) The fee for a nonresident wholesale fish buyer’s
  602  license, which permits a nonresident who does not sell
  603  freshwater fish or frogs in Florida to buy freshwater fish or
  604  frogs from resident fish dealers for resale outside the state,
  605  shall be $50.
  606         (g) Any individual or business issued an aquaculture
  607  certificate, pursuant to s. 597.004, shall be exempt from the
  608  requirements of this part with respect to aquaculture products
  609  authorized under such certificate.
  610         (h) There is levied, in addition to any other license fee
  611  thereon, an annual gear license fee of $50 upon each person
  612  fishing with trawl seines used in the fresh waters of the state.
  613         (i) There is levied, in addition to any other license fee
  614  thereon, an annual gear license fee of $100 upon each person
  615  fishing with haul seines used in the fresh waters of the state.
  616         Section 14. Subsection (1) of section 379.3762, Florida
  617  Statutes, is amended to read:
  618         379.3762 Personal possession of wildlife.—
  619         (1) It is unlawful for any person or persons to possess any
  620  wildlife as defined in this act, whether native indigenous to
  621  Florida or not, until she or he has obtained a permit as
  622  provided by this section from the Fish and Wildlife Conservation
  623  Commission.
  624         Section 15. This act shall take effect July 1, 2010.

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