Florida 2023 Regular Session

Florida House Bill H1161 Latest Draft

Bill / Enrolled Version Filed 05/01/2023

                                    
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CS/HB 1161  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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      1 
An act relating to venomous reptiles; amending s. 2 
379.305, F.S.; revising the penalty for certain 3 
release or escape of nonnative venomous reptiles; 4 
providing a penalty for specified activities involving 5 
venomous reptiles without a special permit or license 6 
issued by the Fish and Wildlife Conservation 7 
Commission; amending s. 379.4015, F.S.; conforming 8 
provisions to changes made by the act; providing an 9 
effective date. 10 
 11 
Be It Enacted by the Legislature of the State of Florida: 12 
 13 
 Section 1.  Subsection (2) of section 379.305, Florida 14 
Statutes, is amended, and subsections (3) and (4) are added to 15 
that section, to read: 16 
 379.305  Rules and regulations ; penalties.— 17 
 (2)  A person who knowingly releases a nonnative venomous 18 
reptile or reptile of concern to the wild or who through gross 19 
negligence allows a nonnative venomous reptile or reptile of 20 
concern to escape commits a Level Three violation, punishab le as 21 
provided in s. 379.4015. 22 
 (3)  A person who knowingly releases a nonnative venomous 23 
reptile or who through gross negligence allows a nonnative 24 
venomous reptile to escape commits a Level Four violation, 25          
ENROLLED 
CS/HB 1161  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1161-02-er 
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punishable as provided in s. 379.4015. 26 
 (4)  A person who knowingly purchases, sells, attempts to 27 
sell, offers to sell, conspires to sell, barters, exchanges, 28 
trades, or imports for sale or use, any venomous reptile species 29 
without having first obtained a special permit or license from 30 
the commission as provided in s. 379.372 commits a Level Four 31 
violation, punishable as provided in s. 379.4015. 32 
 Section 2.  Paragraph (a) of subsection (2), paragraph (a) 33 
of subsection (3), and subsection (4) of section 379.4015, 34 
Florida Statutes, are amended to read: 35 
 379.4015  Nonnative and captive wildlife penalties. — 36 
 (2)  LEVEL TWO.—Unless otherwise provided by law, the 37 
following classifications and penalties apply: 38 
 (a)  A person commits a Level Two violation if he or she 39 
violates any of the following provisions: 40 
 1.  Unless otherwise stated in subsection (1), rules or 41 
orders of the commission that require a person to pay a fee to 42 
obtain a permit to possess captive wildlife or that require the 43 
maintenance of records relating to captive wildlife. 44 
 2.  Rules or orders of the commission relating to captive 45 
wildlife not specified in subsection (1) , or subsection (3), or 46 
subsection (4). 47 
 3.  Rules or orders of the commission that require housing 48 
of wildlife in a safe manner when a violation results in an 49 
escape of wildlife other than Class I wildlife or venomous 50          
ENROLLED 
CS/HB 1161  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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reptiles. 51 
 4.  Rules or orders of the commission relating to wild 52 
animal life identified by commission rule as either conditional 53 
species or prohibited species. 54 
 5.  Section 379.372, relating to capturing, keeping, 55 
possessing, transporting, or exhibiting venomous reptiles, 56 
reptiles of concern, conditional reptiles, or prohibited 57 
reptiles. 58 
 6.  Section 379.373, relating to requiring a license or 59 
permit for the captu ring, keeping, possessing, or exhibiting of 60 
venomous reptiles or reptiles of concern. 61 
 7.  Section 379.374, relating to bonding requirements for 62 
public exhibits of venomous reptiles. 63 
 8.  Section 379.305, relating to commission rules and 64 
regulations to prevent the escape of venomous reptiles or 65 
reptiles of concern. 66 
 9.  Section 379.304, relating to exhibition or sale of 67 
wildlife. 68 
 10.  Section 379.3761, relating to exhibition or sale of 69 
wildlife. 70 
 11.  Section 379.3762, relating to personal possession of 71 
wildlife. 72 
 (3)  LEVEL THREE.—Unless otherwise provided by law, the 73 
following classifications and penalties apply: 74 
 (a)  A person commits a Level Three violation if he or she 75          
ENROLLED 
CS/HB 1161  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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violates any of the following provisions: 76 
 1.  Rules or orders of the commission tha t require housing 77 
of wildlife in a safe manner when a violation results in an 78 
escape of Class I wildlife or venomous reptiles . 79 
 2.  Rules or orders of the commission related to captive 80 
wildlife when the violation results in serious bodily injury to 81 
another person by captive wildlife that consists of a physical 82 
condition that creates a substantial risk of death, serious 83 
personal disfigurement, or protracted loss or impairment of the 84 
function of any bodily member or organ. 85 
 3.  Rules or orders of the commissi on relating to the use 86 
of gasoline or other chemical or gaseous substances on wildlife. 87 
 4.  Rules or orders of the commission prohibiting the 88 
release of wildlife for which only conditional possession is 89 
allowed. 90 
 5.  Rules or orders of the commission proh ibiting knowingly 91 
entering false information on an application for a license or 92 
permit when the license or permit is to possess wildlife in 93 
captivity. 94 
 6.  Rules or orders of the commission relating to the 95 
illegal importation and possession of nonnative ma rine plants 96 
and animals. 97 
 7.  Rules or orders of the commission relating to the 98 
importation, possession, or release of fish and wildlife for 99 
which possession is prohibited. 100          
ENROLLED 
CS/HB 1161  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1161-02-er 
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 8.  Section 379.231, relating to illegal importation or 101 
release of nonnative wildl ife. 102 
 9.  Section 379.305, relating to release or escape of 103 
nonnative venomous reptiles or reptiles of concern. 104 
 (4)  LEVEL FOUR.—Unless otherwise provided by law, the 105 
following classifications and penalties apply: 106 
 (a)  A person commits a Level Four viola tion if he or she 107 
violates any Level Three provision after the permanent 108 
revocation of a license or permit. 109 
 (b)  A person who commits any offense classified as a Level 110 
Four violation commits a felony of the third degree, punishable 111 
as provided in s. 775.0 82 or s. 775.083. 112 
 (c)  A person commits a Level Four violation if he or she 113 
violates any of the following provisions: 114 
 1.  Section 379.305(3), relating to release or escape of 115 
nonnative venomous reptiles. 116 
 2.  Section 379.305(4), relating to purchase, sal e, attempt 117 
to sell, offer for sale, conspiracy to sell, barter, exchange, 118 
trade, or import for sale or use of any species of venomous 119 
reptile. 120 
 Section 3.  This act shall take effect July 1, 2023. 121