Bill Text: FL S0318 | 2010 | Regular Session | Enrolled

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Bill Title: Wildlife Regulation [EPSC]

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2010-06-03 - Approved by Governor; Chapter No. 2010-185 [S0318 Detail]

Download: Florida-2010-S0318-Enrolled.html

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ENROLLED 
2010 Legislature                   CS for SB 318 & CS for SB 572 
2010318er 
1 
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.