HB 1229 2023
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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
A bill to be entitled 1
An act relating to endangered and threatened species; 2
amending s. 379.2291, F.S.; revising the legislative 3
intent of the Florida Endangered and Threatened 4
Species Act; revising definitions; directing the Fish 5
and Wildlife Conservation Commission to protect 6
certain endangered or threatened species, regardless 7
of the status of their federal classification; 8
prohibiting the commission from considering certain 9
costs when designating a species as endangered or 10
threatened; amending s. 581.185, F.S.; revising 11
criteria for placement of species on the Regulated 12
Plant Index by the Department of Agriculture and 13
Consumer Services; directing the department, in 14
consultation with the Endangered Plant Advisory 15
Council, to protect certain endangered or threatened 16
species, regardless of the status of their federal 17
classification; prohibiting the department from 18
considering certain costs when designating a species 19
as endangered or threatened; reenacting ss. 379.1026 20
and 379.4115(1), F.S., relating to site -specific 21
location information for endangered and threatened 22
species and prohibitions relating to the Florida 23
panther, respectively, to incorporate the amendment 24
made to s. 379.2291, F.S., in references thereto; 25
HB 1229 2023
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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
providing an effective date. 26
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Be It Enacted by the Legislature of the State of Florida: 28
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Section 1. Subsections (2), (3), and (4) of section 30
379.2291, Florida Statutes, are amended to read: 31
379.2291 Endangered and Threatened Species Act. — 32
(2) DECLARATION OF POLICY. —The Legislature recognizes that 33
the State of Florida harbors a wide diversity of fish and 34
wildlife and that it is the policy of this state to conserve and 35
wisely manage these resources, with particular attention to 36
those species designated defined by the Fish and Wildlife 37
Conservation Commission, th e Department of Environmental 38
Protection, or the United States Department of Interior, or 39
successor agencies, as being endangered or threatened. As 40
Florida has more endangered and threatened species than any 41
other continental state, it is the intent of the Legislature to 42
provide for research and management to conserve and protect 43
these species as a natural resource. 44
(3) DEFINITIONS.—As used in this section: 45
(a) "Fish and wildlife" means any member of the animal 46
kingdom, including, but not limited to, an y mammal, fish, bird, 47
amphibian, reptile, mollusk, crustacean, arthropod, or other 48
invertebrate. 49
(b) "Endangered species" means any species of fish and 50
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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
wildlife naturally occurring in Florida, whose prospects of 51
survival are in jeopardy due to modificati on or loss of habitat; 52
overuse overutilization for commercial, sporting, scientific, or 53
educational purposes; disease; predation; inadequacy of 54
regulatory mechanisms; or other natural or manmade factors 55
affecting its continued existence , including climate change. 56
(c) "Threatened species" means any species of fish and 57
wildlife naturally occurring in Florida which may not be in 58
immediate danger of extinction, but which exists in such small 59
populations as to become endangered if it is subjected to 60
increased stress as a result of further modification of its 61
environment, including climate change . 62
(4) INTERAGENCY COORDINATION. — 63
(a) The commission shall be responsible for research and 64
management of freshwater and upland species and for research and 65
management of marine species. 66
(b) Recognizing that citizen awareness is a key element in 67
the success of this plan, the commission and the Department of 68
Education are encouraged to work together to develop a public 69
education program with emphasis on, but not limite d to, both 70
public and private schools. 71
(c) The commission, in consultation with the Department of 72
Agriculture and Consumer Services, the Department of Economic 73
Opportunity, or the Department of Transportation, may establish 74
reduced speed zones along road s, streets, and highways to 75
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protect endangered species or threatened species. 76
(d) Notwithstanding declassification under the federal 77
Endangered Species Act of 1973, the commission shall continue to 78
protect species that meet the definition of endangered o r 79
threatened under subsection (3), as determined by the 80
commission. 81
(e) The commission may not consider the economic cost of 82
protecting a species as a factor in designating the species as 83
endangered or threatened. 84
Section 2. Subsection (5) of section 581.185, Florida 85
Statutes, is amended to read: 86
581.185 Preservation of native flora of Florida. — 87
(5) REVIEW.— 88
(a) Beginning in 1984, and every 4 years thereafter, the 89
department and the Endangered Plant Advisory Council shall 90
conduct a comprehensive review of this section and of the 91
Regulated Plant Index, as provided in rules of the department , 92
shall be made by the department and the Endangered Plant 93
Advisory Council at 4 -year intervals. 94
(b) The department shall consider any species of plant 95
that should be placed on the Regulated Plant Index which is in 96
danger of disappearing from its native habitat within the 97
foreseeable future throughout all or a significant portion of 98
the range of the species because of: 99
1. Present or threatened destruction, mo dification, or 100
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curtailment of the range of the species. 101
2. Overuse Overutilization of the species for commercial, 102
scientific, or educational purposes. 103
3. Disease or predation. 104
4. Any other natural or manmade factor affecting the 105
continued existence o f the species, including climate change . 106
(c) In carrying out reviews and arriving at 107
recommendations under paragraphs (a) and (b), the department and 108
the advisory council shall use the best scientific and 109
commercial data available and shall consult with interested 110
persons and organizations. 111
(d) Notwithstanding declassification under the federal 112
Endangered Species Act of 1973, the department shall continue to 113
protect species that meet the definition of endangered or 114
threatened under subsection (2), as de termined by the department 115
in consultation with the advisory council. 116
(e) The department may not consider the economic cost of 117
protecting a species as a factor in designating the species as 118
endangered or threatened. 119
Section 3. For the purpose of inco rporating the amendment 120
made by this act to section 379.2291, Florida Statutes, in a 121
reference thereto, section 379.1026, Florida Statutes, is 122
reenacted to read: 123
379.1026 Site-specific location information for endangered 124
and threatened species; public re cords exemption.—The site-125
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specific location information held by an agency as defined in s. 126
119.011 concerning an endangered species as defined in s. 127
379.2291(3)(b), a threatened species as defined in s. 128
379.2291(3)(c), or a species listed by a federal agen cy as 129
endangered or threatened, is exempt from s. 119.07(1) and s. 130
24(a), Art. I of the State Constitution. This exemption does not 131
apply to the site-specific location information of animals held 132
in captivity. This section is subject to the Open Government 133
Sunset Review Act in accordance with s. 119.15 and shall stand 134
repealed on October 2, 2025, unless reviewed and saved from 135
repeal by the Legislature. 136
Section 4. For the purpose of incorporating the amendment 137
made by this act to section 379.2291, Flori da Statutes, in a 138
reference thereto, subsection (1) of section 379.4115, Florida 139
Statutes, is reenacted to read: 140
379.4115 Florida or wild panther; killing prohibited; 141
penalty.— 142
(1) It is unlawful for a person to kill a member of the 143
Florida "endangered species," as defined in s. 379.2291(3), 144
known as the Florida panther ( Felis concolor coryi ). 145
Section 5. This act shall take effect July 1, 2023. 146