Florida 2023 Regular Session

Florida House Bill H1229 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to endangered and threatened species; 2
16	16	amending s. 379.2291, F.S.; revising the legislative 3
17	17	intent of the Florida Endangered and Threatened 4
18	18	Species Act; revising definitions; directing the Fish 5
19	19	and Wildlife Conservation Commission to protect 6
20	20	certain endangered or threatened species, regardless 7
21	21	of the status of their federal classification; 8
22	22	prohibiting the commission from considering certain 9
23	23	costs when designating a species as endangered or 10
24	24	threatened; amending s. 581.185, F.S.; revising 11
25	25	criteria for placement of species on the Regulated 12
26	26	Plant Index by the Department of Agriculture and 13
27	27	Consumer Services; directing the department, in 14
28	28	consultation with the Endangered Plant Advisory 15
29	29	Council, to protect certain endangered or threatened 16
30	30	species, regardless of the status of their federal 17
31	31	classification; prohibiting the department from 18
32	32	considering certain costs when designating a species 19
33	33	as endangered or threatened; reenacting ss. 379.1026 20
34	34	and 379.4115(1), F.S., relating to site -specific 21
35	35	location information for endangered and threatened 22
36	36	species and prohibitions relating to the Florida 23
37	37	panther, respectively, to incorporate the amendment 24
38	38	made to s. 379.2291, F.S., in references thereto; 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	providing an effective date. 26
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53	53	Be It Enacted by the Legislature of the State of Florida: 28
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55	55	Section 1. Subsections (2), (3), and (4) of section 30
56	56	379.2291, Florida Statutes, are amended to read: 31
57	57	379.2291 Endangered and Threatened Species Act. — 32
58	58	(2) DECLARATION OF POLICY. —The Legislature recognizes that 33
59	59	the State of Florida harbors a wide diversity of fish and 34
60	60	wildlife and that it is the policy of this state to conserve and 35
61	61	wisely manage these resources, with particular attention to 36
62	62	those species designated defined by the Fish and Wildlife 37
63	63	Conservation Commission, th e Department of Environmental 38
64	64	Protection, or the United States Department of Interior, or 39
65	65	successor agencies, as being endangered or threatened. As 40
66	66	Florida has more endangered and threatened species than any 41
67	67	other continental state, it is the intent of the Legislature to 42
68	68	provide for research and management to conserve and protect 43
69	69	these species as a natural resource. 44
70	70	(3) DEFINITIONS.—As used in this section: 45
71	71	(a) "Fish and wildlife" means any member of the animal 46
72	72	kingdom, including, but not limited to, an y mammal, fish, bird, 47
73	73	amphibian, reptile, mollusk, crustacean, arthropod, or other 48
74	74	invertebrate. 49
75	75	(b) "Endangered species" means any species of fish and 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	wildlife naturally occurring in Florida, whose prospects of 51
89	89	survival are in jeopardy due to modificati on or loss of habitat; 52
90	90	overuse overutilization for commercial, sporting, scientific, or 53
91	91	educational purposes; disease; predation; inadequacy of 54
92	92	regulatory mechanisms; or other natural or manmade factors 55
93	93	affecting its continued existence , including climate change. 56
94	94	(c) "Threatened species" means any species of fish and 57
95	95	wildlife naturally occurring in Florida which may not be in 58
96	96	immediate danger of extinction, but which exists in such small 59
97	97	populations as to become endangered if it is subjected to 60
98	98	increased stress as a result of further modification of its 61
99	99	environment, including climate change . 62
100	100	(4) INTERAGENCY COORDINATION. — 63
101	101	(a) The commission shall be responsible for research and 64
102	102	management of freshwater and upland species and for research and 65
103	103	management of marine species. 66
104	104	(b) Recognizing that citizen awareness is a key element in 67
105	105	the success of this plan, the commission and the Department of 68
106	106	Education are encouraged to work together to develop a public 69
107	107	education program with emphasis on, but not limite d to, both 70
108	108	public and private schools. 71
109	109	(c) The commission, in consultation with the Department of 72
110	110	Agriculture and Consumer Services, the Department of Economic 73
111	111	Opportunity, or the Department of Transportation, may establish 74
112	112	reduced speed zones along road s, streets, and highways to 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	protect endangered species or threatened species. 76
126	126	(d) Notwithstanding declassification under the federal 77
127	127	Endangered Species Act of 1973, the commission shall continue to 78
128	128	protect species that meet the definition of endangered o r 79
129	129	threatened under subsection (3), as determined by the 80
130	130	commission. 81
131	131	(e) The commission may not consider the economic cost of 82
132	132	protecting a species as a factor in designating the species as 83
133	133	endangered or threatened. 84
134	134	Section 2. Subsection (5) of section 581.185, Florida 85
135	135	Statutes, is amended to read: 86
136	136	581.185 Preservation of native flora of Florida. — 87
137	137	(5) REVIEW.— 88
138	138	(a) Beginning in 1984, and every 4 years thereafter, the 89
139	139	department and the Endangered Plant Advisory Council shall 90
140	140	conduct a comprehensive review of this section and of the 91
141	141	Regulated Plant Index, as provided in rules of the department , 92
142	142	shall be made by the department and the Endangered Plant 93
143	143	Advisory Council at 4 -year intervals. 94
144	144	(b) The department shall consider any species of plant 95
145	145	that should be placed on the Regulated Plant Index which is in 96
146	146	danger of disappearing from its native habitat within the 97
147	147	foreseeable future throughout all or a significant portion of 98
148	148	the range of the species because of: 99
149	149	1. Present or threatened destruction, mo dification, or 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	curtailment of the range of the species. 101
163	163	2. Overuse Overutilization of the species for commercial, 102
164	164	scientific, or educational purposes. 103
165	165	3. Disease or predation. 104
166	166	4. Any other natural or manmade factor affecting the 105
167	167	continued existence o f the species, including climate change . 106
168	168	(c) In carrying out reviews and arriving at 107
169	169	recommendations under paragraphs (a) and (b), the department and 108
170	170	the advisory council shall use the best scientific and 109
171	171	commercial data available and shall consult with interested 110
172	172	persons and organizations. 111
173	173	(d) Notwithstanding declassification under the federal 112
174	174	Endangered Species Act of 1973, the department shall continue to 113
175	175	protect species that meet the definition of endangered or 114
176	176	threatened under subsection (2), as de termined by the department 115
177	177	in consultation with the advisory council. 116
178	178	(e) The department may not consider the economic cost of 117
179	179	protecting a species as a factor in designating the species as 118
180	180	endangered or threatened. 119
181	181	Section 3. For the purpose of inco rporating the amendment 120
182	182	made by this act to section 379.2291, Florida Statutes, in a 121
183	183	reference thereto, section 379.1026, Florida Statutes, is 122
184	184	reenacted to read: 123
185	185	379.1026 Site-specific location information for endangered 124
186	186	and threatened species; public re cords exemption.—The site-125
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199	199	specific location information held by an agency as defined in s. 126
200	200	119.011 concerning an endangered species as defined in s. 127
201	201	379.2291(3)(b), a threatened species as defined in s. 128
202	202	379.2291(3)(c), or a species listed by a federal agen cy as 129
203	203	endangered or threatened, is exempt from s. 119.07(1) and s. 130
204	204	24(a), Art. I of the State Constitution. This exemption does not 131
205	205	apply to the site-specific location information of animals held 132
206	206	in captivity. This section is subject to the Open Government 133
207	207	Sunset Review Act in accordance with s. 119.15 and shall stand 134
208	208	repealed on October 2, 2025, unless reviewed and saved from 135
209	209	repeal by the Legislature. 136
210	210	Section 4. For the purpose of incorporating the amendment 137
211	211	made by this act to section 379.2291, Flori da Statutes, in a 138
212	212	reference thereto, subsection (1) of section 379.4115, Florida 139
213	213	Statutes, is reenacted to read: 140
214	214	379.4115 Florida or wild panther; killing prohibited; 141
215	215	penalty.— 142
216	216	(1) It is unlawful for a person to kill a member of the 143
217	217	Florida "endangered species," as defined in s. 379.2291(3), 144
218	218	known as the Florida panther ( Felis concolor coryi ). 145
219	219	Section 5. This act shall take effect July 1, 2023. 146