This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1161e.ISC
DATE: 3/28/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1161 Venomous Reptiles
SPONSOR(S): Infrastructure Strategies Committee, Abbott
TIED BILLS: IDEN./SIM. BILLS: SB 1266
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Agriculture, Conservation & Resiliency
Subcommittee
17 Y, 0 N Gawin Moore
2) Agriculture & Natural Resources Appropriations
Subcommittee
14 Y, 0 N Byrd Pigott
3) Infrastructure Strategies Committee 22 Y, 0 N, As CS Gawin Harrington
SUMMARY ANALYSIS
Article IV, section 9, of the Florida Constitution establishes the Florida Fish and Wildlife Conservation
Commission (FWC) and grants FWC the regulatory and executive powers of the state concerning wild animal
life, freshwater aquatic life, and marine life. The Constitution specifies that all licensing fees for taking wild
animal life, freshwater aquatic life, and marine life as well as the penalties for violating FWC regulations must
be prescribed by the Legislature.
FWC defines venomous reptiles as all reptiles in the families Elapidae, Viperidae, and Hydrophiidae (sea
snakes); all reptiles in the genus Heloderma; and all reptiles in the family Colubridae belonging to the genera
Rhabdophis, Boiga, Dispholidus, Thelatornis, and Atractapsis. No one is authorized to capture, keep, possess,
or exhibit any venomous reptile without having first obtained a special permit or license from FWC. All persons
licensed to keep, possess, or exhibit venomous reptiles must provide safe, secure, and proper enclosures for
the reptiles, and FWC inspects such enclosures to ensure the reptiles are appropriately housed. The illegal
sale, purchase, transport, and caging of venomous reptiles can pose a threat to public safety and undermine
lawful captive wildlife dealers operating within Florida. Additionally, nonnative venomous reptiles that escape or
are released are likely to survive in Florida’s subtropical climate, which poses a threat to the long-term
wellbeing of state wildlife populations.
Violations of fish and wildlife laws and FWC rules are organized into a four-level system providing penalties
based on the level of the offense. The penalties for violating such laws and rules range from a noncriminal civil
penalty to a third-degree felony, which is punishable by up to five years in prison and a $5,000 fine.
The bill specifies that a person who knowingly releases a nonnative venomous reptile or who through gross
negligence allows a nonnative venomous reptile to escape commits a Level Four violation, punishable by five
years in prison or a fine of $5,000 or any higher amount equal to double the pecuniary gain derived from the
offense by the offender.
The bill also specifies that a person who knowingly purchases, sells, attempts to sell, offers to sell, conspires to
sell, barters, exchanges, trades, or imports for sale or use any venomous reptile species without first obtaining
a permit or license from FWC commits a Level Four violation.
The bill may have an insignificant positive fiscal impact on the state.
STORAGE NAME: h1161e.ISC PAGE: 2
DATE: 3/28/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Florida Fish and Wildlife Conservation Commission
Article IV, section 9, of the Florida Constitution establishes the Florida Fish and Wildlife Conservation
Commission (FWC) and grants FWC the regulatory and executive powers of the state concerning wild
animal life, freshwater aquatic life, and marine life.
1
As a result of FWC’s constitutional authority, the Legislature is constitutionally prohibited from adopting
statutes in conflict with rules adopted by FWC to execute such authority.
2
However, the Constitution
specifies that all licensing fees for taking wild animal life, freshwater aquatic life, and marine life as well
as the penalties for violating FWC regulations must be prescribed by the Legislature.
3
In addition, the
Legislature must provide for FWC’s exercise of executive powers in the area of planning, budgeting,
personnel management, and purchasing.
4
The Legislature may also enact laws to aid FWC that are not
inconsistent with its constitutionally-conferred powers, except for special laws or general laws of local
application relating to hunting and fishing.
5
Venomous Reptiles
FWC defines venomous reptiles as all reptiles in the families Elapidae, Viperidae, and Hydrophiidae
(sea snakes); all reptiles in the genus Heloderma; and all reptiles in the family Colubridae belonging to
the genera Rhabdophis, Boiga, Dispholidus, Thelatornis, and Atractapsis.
6
There are six venomous
reptiles, all snakes, native to Florida.
7
These snakes are the pygmy rattlesnake, eastern diamondback
rattlesnake, timber (or canebrake) rattlesnake, cottonmouth, copperhead, and eastern coral snake.
No one is authorized to capture, keep, possess, or exhibit any poisonous or venomous reptile without
having first obtained a special permit or license from FWC.
8
Possession of sea snakes is limited to
public aquaria, public zoological parks, or public exhibitors providing educational exhibits for public
exhibition purposes when those entities follow criteria specified by FWC.
9
All persons licensed to keep,
possess, or exhibit venomous reptiles must provide safe, secure, and proper enclosures for said
reptiles.
10
FWC inspects such enclosures to ensure venomous reptiles are appropriately housed.
In order to possess a venomous reptile, a person must document 1,000 hours of experience over one
year working with the species they would like to possess or other species in the same biological family
of wildlife.
11
Additionally, the person must obtain two letters of reference regarding their experience
related to working with the species they would like to obtain.
12
These letters must be from a Florida
license holder for the wildlife being applied for or a representative of a professional organization or
governmental institution.
13
1
Art. IV, s. 9, Fla. Const.
2
Art. IV, s. 9, Fla. Const.
3
Art. IV, s. 9, Fla. Const.
4
Id.
5
Id.
6
FWC, Venomous Reptiles, https://myfwc.com/license/captive-wildlife/venomous/ (last visited Mar. 7, 2023). Some examples of
these reptiles include the inland taipan, gaboon viper, gila monster, cat snakes, boomslangs.
7
University of Florida, Institute of Food and Agricultural Sciences, Dealing with Snakes,
https://ufwildlife.ifas.ufl.edu/dealing_with_snakes.shtml (last visited Mar. 24, 2023).
8
Section 379.372(1)(a), F.S.
9
Rule 68-5.007(1)(c), F.A.C.
10
Rule 68A-6.0171(1), F.A.C. For the requirements of each enclosure see r. 68A-6.0171(1)(a)-(d), F.A.C.
11
Rule 68A-6.017(2)(e), F.A.C.
12
Rule 68A-6.017(2)(e)c., F.A.C.
13
Id. STORAGE NAME: h1161e.ISC PAGE: 3
DATE: 3/28/2023
While there are native venomous snakes to Florida, the illegal sale, purchase, transport, and caging of
venomous reptiles can pose a threat to public safety and undermine lawful captive wildlife dealers
operating within the state.
14
Additionally, nonnative venomous reptiles that escape or are released are
likely to survive in Florida’s subtropical climate, which poses a threat to the long-term wellbeing of state
wildlife populations.
15
Violations Related to Venomous Reptiles
The unlawful purchase, sale, and/or importation of venomous reptiles is a Level Two violation,
16
punishable as follows:
Level Two Violation Type of Infraction
Civil Penalty or
Jail Time
License
Restrictions
First offense
2
nd
Degree
Misdemeanor
17
Max: $500 or
Max: 60 days
None
Second offense within
three years of previous
Level Two violation (or
higher)
1
st
Degree
Misdemeanor
18
Min: $250; Max:
$1,000 or
Max: one year
None
Third offense within five
years of two previous
Level Two violations (or
higher)
1
st
Degree
Misdemeanor
19
Min: $500; Max:
$1,000 or
Max: one year
Suspension of
license for one year
Fourth offense within 10
years of three previous
Level Two violations (or
higher)
1
st
Degree
Misdemeanor
20
Min: $750; Max
$1,000 or
Max: one year
Suspension of
license for three
years
Any person who intentionally releases a nonnative venomous reptile or through gross negligence
allows a nonnative venomous reptile to escape commits a Level Three violation,
21
punishable as
follows:
Level Three Violation Type of Infraction
Civil Penalty or
Jail Time
License
Restrictions
First offense
1
st
Degree
Misdemeanor
22
Max: $1,000 or
Max: one year
None
Second offense within ten
years of previous Level
Three violation (or higher)
1
st
Degree
Misdemeanor
23
Min: $750; Max:
$1,000 or
Max: one year
Permanent
revocation of all
licenses or permits
A person commits a Level Four violation if they violate any Level Three provision after the permanent
revocation of a license or permit.
24
This violation is a third-degree felony
25
punishable by five years in
14
FWC, Multi-year FWC investigation “Operation Viper” leads to numerous charges for venomous and prohibited snake traffickers,
https://myfwc.com/news/all-news/operation-viper-123/ (last visited Mar. 8, 2023).
15
Id.
16
Section 379.4015(2)(a)5., F.S.
17
Section 379.4015(2)(b), F.S.
18
Section 379.4015(2)(c), F.S.
19
Section 379.4015(2)(d), F.S.
20
Section 379.4015(2)(a)1., F.S.
21
Section 379.305(2), F.S.
22
Section 379.4015(3)(b)1., F.S.
23
Section 379.4015(2)(c), F.S.
24
Section 379.4015(4)(a), F.S.
25
Section 379.4015(4)(b), F.S. STORAGE NAME: h1161e.ISC PAGE: 4
DATE: 3/28/2023
prison
26
or a fine of $5,000 or any higher amount equal to double the pecuniary gain derived from the
offense by the offender.
27
Effect of the Bill
The bill specifies that a person who knowingly releases a nonnative venomous reptile or who through
gross negligence allows a nonnative venomous reptile to escape commits a Level Four violation.
The bill also specifies that a person who knowingly purchases, sells, attempts to sell, offers to sell,
conspires to sell, barters, exchanges, trades, or imports for sale or use any venomous reptile species
without first obtaining a permit or license from FWC commits a Level Four violation.
Additionally, the bill specifies that it is a Level Three violation for any person to violate FWC rules or
orders that require the housing of wildlife in a safe manner when such violation results in the escape of
a venomous reptile.
B. SECTION DIRECTORY:
Section 1. Amends s. 379.305, F.S., related to penalties for the escape and release of certain
reptiles.
Section 2. Amends s. 379.4015. F.S., related to nonnative and captive wildlife penalties.
Section 3. Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill may have an insignificant positive fiscal impact on the state associated with higher fines
collected as part of the increased penalties specified in the bill.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
26
Section 775.082(3)(e), F.S.
27
Sections 775.083(1)(c), F.S., and 775.083(1)(f), F.S. STORAGE NAME: h1161e.ISC PAGE: 5
DATE: 3/28/2023
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal government.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 27, 2023, the Infrastructure Strategies Committee adopted an amendment and reported the bill
favorably as a committee substitute. The amendment revised a provision that subjected a person who
intentionally releases or who through gross negligence allows a venomous reptile to escape to a Level
Four violation so that the penalty only applies if the venomous reptile is nonnative.
This analysis is drafted to the committee substitute as approved by the Infrastructure Strategies
Committee.