Bill Text: FL S1236 | 2019 | Regular Session | Introduced
Bill Title: Transactions for the Possession of Animals
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Judiciary [S1236 Detail]
Download: Florida-2019-S1236-Introduced.html
Florida Senate - 2019 SB 1236 By Senator Farmer 34-00784A-19 20191236__ 1 A bill to be entitled 2 An act relating to transactions for the possession of 3 animals; amending s. 379.372, F.S.; making technical 4 changes; prohibiting a person, a party, a firm, an 5 association, or a corporation from keeping, 6 possessing, importing, selling, bartering, trading, or 7 breeding for personal use or sale green iguanas or 8 black and white tegus; creating s. 725.09, F.S.; 9 providing legislative intent; defining the terms “pet” 10 and “pet dealer”; declaring that certain contracts 11 entered into on or after a specified date for the sale 12 or lease of a pet are against the public policy of 13 this state and are void and unenforceable; providing 14 an exception; providing remedies for noncompliance; 15 providing penalties; reenacting s. 379.2311(1), F.S., 16 relating to the definition of the term “priority 17 invasive species,” to incorporate the amendment made 18 to s. 379.372, F.S., in a reference thereto; providing 19 an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 379.372, Florida Statutes, is amended to 24 read: 25 379.372 Capturing, keeping, possessing, transporting, or 26 exhibiting venomous reptiles, reptiles of concern, conditional 27 reptiles, or prohibited reptiles; license required.— 28 (1)(a) ANoperson, a party, a firm, an association, or a 29 corporation may notshallcapture, keep, possess, or exhibit any 30 poisonous or venomous reptile or reptile of concern without 31 first having obtained a special permit or license therefor from 32 the Fish and Wildlife Conservation Commission as provided in 33 this section. 34 (b)By December 31, 2007,The commission shall establish a 35 list of reptiles of concern, including venomous, nonvenomous, 36 native, nonnative, or other reptiles, which require additional 37 regulation for capture, possession, transportation, or 38 exhibition due to their nature, habits, status, or potential to 39 negatively impact humans, the environment, or ecology. 40 (c) It isshall beunlawful for any person, party, firm, 41 association, or corporation, whether licensed hereunder or not, 42 to capture, keep, possess, or exhibit any venomous reptile or 43 reptile of concern in any manner not approved as safe, secure, 44 and proper by the commission. Venomous reptiles or reptiles of 45 concern held in captivity are subject to inspection by the 46 commission. The commission shall determine whether the reptiles 47 are securely, safely, and properly penned. IfIn the event that48 the reptiles are not safely penned, the commission mustshall49 report the situation in writing to the person, party, firm, 50 association, or corporation owning the reptiles. Failure of the 51 person, party, firm, association, or corporation to correct the 52 situation within 30 days after such written notice isshall be53 grounds for revocation of the license or permit of the person, 54 party, firm, association, or corporation. 55 (d) Venomous reptiles or reptiles of concern shall be 56 transported in a safe, secure, and proper manner. The commission 57 shall establish by rule the requirements for the transportation 58 of venomous reptiles or reptiles of concern. 59 (2)(a) ANoperson, a party, a firm, an association, or a 60 corporation may notshallkeep, possess, import into the state, 61 sell, barter, trade, or breed any of the following species for 62 personal use or for sale for personal use: 63 1. Burmese or Indian python (Python molurus). 64 2. Reticulated python (Python reticulatus). 65 3. Northern African python (Python sebae). 66 4. Southern African python (Python natalensis). 67 5. Amethystine or scrub python (Morelia amethystinus). 68 6. Green Anaconda (Eunectes murinus). 69 7. Nile monitor (Varanus niloticus). 70 8. Green iguana (Iguana iguana). 71 9. Black and white tegu (Salvator merianae). 72 10.8.Any other reptile designated as a conditional or 73 prohibited species by the commission. 74 (b) If a person, party, firm, association, or corporation 75 holds a permit issued before July 1, 2010, under subsection (1) 76 to legally possess a species listed in paragraph (a), that 77 person, party, firm, association, or corporation may possess 78 such reptile for the remainder of the life of the reptile. 79 (c) If a person, party, firm, association, or corporation 80 holds a permit issued before July 1, 2010, under subsection (1) 81 to legally possess a reptile listed in paragraph (a), and the 82 reptile remains alive following the death or dissolution of the 83 licensee, the reptile may be legally transferred to another 84 entity holding a permit authorizing possession of the reptile 85 for the remainder of the life of the reptile. 86 (d) If the commission designates a species of reptile as a 87 conditional or prohibited species after July 1, 2010, the 88 commission may authorize the personal possession of that newly 89 designated species by those licensed to possess that species of 90 reptile before the effective date of the species’ designation by 91 the commission as a conditional or prohibited species. The 92 personal possession of such reptile is not a violation of 93 paragraph (a) if the personal possession was authorized by the 94 commission. 95 (e) This subsection does not apply to traveling wildlife 96 exhibitors that are licensed or registered under the United 97 States Animal Welfare Act or to zoological facilities that are 98 licensed or exempted by the commission from the licensure 99 requirement. 100 Section 2. Section 725.09, Florida Statutes, is created to 101 read: 102 725.09 Contracts for the sale or lease of pets.— 103 (1) It is the intent of the Legislature to protect 104 consumers in this state from deceptive and predatory financing 105 arrangements and to protect pets from the harmful effects of 106 such arrangements by making it a policy of this state to 107 prohibit the leasing of pets. 108 (2) As used in this section, the term: 109 (a) “Pet” means a living animal that has been acquired for 110 the primary purpose of providing companionship to the owner, 111 rather than for a business or an agricultural purpose. 112 (b) “Pet dealer” has the same meaning as in s. 828.29(13). 113 (3) A contract entered into on or after July 1, 2019, to do 114 either of the following is against the public policy of this 115 state and is void and unenforceable: 116 (a) Transfer ownership of a pet, if the pet is used as 117 collateral for the contract or is subject to repossession in any 118 manner upon default of the contract. Such prohibition does not 119 apply to sales for which payments are made to repay an unsecured 120 loan for the purchase of the animal. 121 (b) Lease a pet, if the contract provides for or offers the 122 option of transferring ownership of the animal at the end of the 123 lease term. 124 (4) In addition to any other remedies provided by law, the 125 consumer taking possession of a pet transferred under a contract 126 described in this section is the owner of the pet and is 127 entitled to the return of all amounts the consumer paid under 128 such contract. 129 (5) A person who offers a pet for lease or as collateral 130 for a contract in violation of this section commits a 131 noncriminal violation as defined in s. 775.08(3) and upon 132 conviction must be punished as provided in s. 775.082(5) by a 133 civil fine of not more than $500 for a first violation and not 134 more than $1,000 for a second or subsequent violation. 135 Section 3. For the purpose of incorporating the amendment 136 made by this act to section 379.372, Florida Statutes, in a 137 reference thereto, subsection (1) of section 379.2311, Florida 138 Statutes, is reenacted to read: 139 379.2311 Nonnative animal management.— 140 (1) As used in this section, the term “priority invasive 141 species” means the following: 142 (a) Lizards of the genus Tupinambis, also known as tegu 143 lizards; 144 (b) Species identified in s. 379.372(2)(a); 145 (c) Pterois volitans, also known as red lionfish; and 146 (d) Pterois miles, also known as the common lionfish or 147 devil firefish. 148 Section 4. This act shall take effect July 1, 2019.