The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/CS/SB 1414
INTRODUCER: Rules Committee; Agriculture Committee; Environment and Natural Resources
Committee; and Senator Mayfield
SUBJECT: Fish and Wildlife Activities
DATE: February 26, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Rogers Rogers EN Fav/CS
2. Akhavein Becker AG Fav/CS
3. Rogers Phelps RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 1414 broadens the prohibition on the harassment of hunters, trappers, or fishers to
include harassment on any public lands, public waters, or publicly or privately owned wildlife
management and fish management areas.
The bill expands the number of free fishing days from 4 to 6.
The bill adds tegus and iguanas to the conditional nonnative snakes and lizards list and tightens
the restrictions on the list from applying to possession of these species for sale or personal use to
prohibiting any use except for educational, research, or eradication or control purposes. The bill
authorizes the Fish and Wildlife Conservation Commission (FWC) to grandfather certain persons
holding a valid captive wildlife Class III exhibition or sale license to continue dealing in green
iguanas or tegus commercially, with limitations. The bill allows the sale of inventory of the
species only outside of the state and prohibits import of the species into the state. The bill
requires FWC to adopt rules to establish reporting requirements, biosecurity measures to prevent
the escape of the species, and grandfathering provisions for persons that are currently in
possession of green iguanas or tegus who do not qualify for the grandfathering provisions
applicable to sale or exhibition.
BILL: CS/CS/CS/SB 1414 Page 2
II. Present Situation:
Penalties for Violations Pertaining to Fish and Wildlife
Under Art. IV, s. 9 of the Florida Constitution, the Fish and Wildlife Conservation Commission
(FWC) is granted the authority to exercise the regulatory and executive powers of the state with
respect to wild animal life, fresh water aquatic life, and marine life. The Legislature may enact
laws that aid FWC in its exercise of regulatory functions and executive powers in the areas of
planning, budgeting, personnel management, and purchasing.1
Section 379.401, F.S., details FWC’s four-tier system for penalties and violations, civil penalties
for noncriminal infractions, criminal penalties, and suspension and forfeiture of licenses and
permits. Level One violations are considered the least serious while Level Four violations are
considered the most serious.
The penalties for Level Two violations are as follows:
Level Two Violation Type of Infraction Civil Penalty or Jail License Restrictions
Time
First offense 2nd Degree Misdemeanor2 Max: $500 or None
Max: 60 days
Second offense within 1st Degree Misdemeanor3 Min: $250; Max: $1,000 None
three years of previous Max: one year
Level Two violation (or
higher)
Third offense within five 1st Degree Misdemeanor4 Min: $500; Max: $1,000 Suspension of license for
years of two previous Max: one year one year
Level Two violations (or
higher)
Fourth offense within 10 1st Degree Misdemeanor5 Min: $750; Max $1,000 Suspension of license for
years of three previous or Max: one year three years
Level Two violations (or
higher)
Right to Hunt or Fish
The Legislature recognizes that hunting, fishing, and the taking of game are a valued part of the
cultural heritage of Florida and should be forever preserved for Floridians.6 The Legislature
further recognizes that these activities play an important part in the state’s economy and in the
conservation, preservation, and management of the state’s natural areas and resources. Therefore,
the Legislature intends that the citizens of Florida have a right to hunt, fish, and take game,
subject to the regulations and restrictions prescribed by general law and by the FWC.7
1
FLA. CONST. art. IV, s. 9.
2
Section 379.401(2)(b)1., F.S.
3
Section 379.401(2)(b)2., F.S.
4
Section 379.401(2)(b)3., F.S.
5
Section 379.401(2)(b)4., F.S.
6
Section 379.104, F.S.
7
Id.
BILL: CS/CS/CS/SB 1414 Page 3
Fees for Freshwater or Saltwater Fishing Licenses
The law and FWC rules prohibit the taking of game, freshwater or saltwater fish, or fur-bearing
animals within this state without having first obtained a license, permit, or authorization number
and paid the associated fees.8 The following lists are freshwater and saltwater fees for fishing
licenses set out in statute, though there can be additional fees for specialized permits.
For residents:
 An annual freshwater or saltwater fishing license costs $15.50.9
 A 5-year freshwater or saltwater fishing license costs $77.50.10
 A lifetime freshwater or saltwater fishing license costs:11
o $125 for persons 4 years of age or younger.
o $225 for persons 5 years of age or older but under 13 years of age.
o $300 for persons 13 years of age or older.
For nonresidents:
 A freshwater or saltwater fishing license for 3 consecutive days costs $15.50.
 A freshwater or saltwater fishing license for 7 consecutive days costs $28.50.
 An annual freshwater or saltwater fishing license costs $45.50.12
FWC also charges $1.50 for the cost of issuing the permit.13 Exemptions from the fishing license
requirement exist for those under the age of 16 or over the age of 65.14
Free Fishing Days
Florida law expressly authorizes FWC to designate by rule no more than 4 days a year as free
freshwater fishing days and no more than 4 days a year as free saltwater fishing days.15 This
means people can fish without a license or permit on those days. A person who takes freshwater
or saltwater fish on a free fishing day must comply with all laws, rules, and regulations
governing the holders of a fishing license or permit and all other conditions and limitations
regulating the taking of freshwater or saltwater fish as are imposed by law or rule.16
Harassment of Hunters, Trappers, or Fishers
Under s. 79.105, F.S., a person may not intentionally, within a publicly or privately owned
wildlife management or fish management area or on any state-owned water body:
 Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by
another.
8
Section 379.354(1), F.S.
9
Section 379.354(4), F.S.
10
Section 379.354(9), F.S.
11
Section 379.354(11), F.S.
12
Section 379.354(5), F.S.
13
Section 379.352(5), F.S.
14
Section 379.353, F.S.
15
Section 379.354(15), F.S.; Fla. Amin. Code R. 68A-5.006 sets out “Free-Freshwater Fishing Day-Spring” as the first
weekend in April, and “Free-Freshwater Fishing Day-Summer” as the second weekend in June, or such other period as may
be specified by order of FWC; Fla. Amin. Code R. 68A-5.006 sets out “License-Free Saltwater Fishing Days” as the first
weekend in June, the first Saturday in September, and the Saturday following Thanksgiving.
16
Section 379.354(15), F.S.
BILL: CS/CS/CS/SB 1414 Page 4
 Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with
the intent to prevent their lawful taking by another.
Anyone in violation of this provision is guilty of a Level Two violation (see above).
Nonnative Species
FWC is responsible for the control and management of nonnative species.17 Nonnative species
are animals living outside captivity and which are not historically present in the state.18 More
than 500 fish and wildlife nonnative species have been documented in Florida.19 Not all
nonnative species pose a threat to Florida’s ecology, but some nonnative species become
invasive species by causing harm to native species, posing a threat to human health and safety, or
causing economic damage.20 To manage and minimize the impacts of nonnative species, it is
unlawful to import for sale or use, or to release within the state, any species not native to Florida
unless authorized by the FWC.21
Class III Wildlife
Any non-domesticated wildlife species that do not appear on the list of Class I22 or Class II23
wildlife are considered Class III wildlife.24 Examples of Class III species include, but are not
limited to, parrots, finches, skunks, foxes, geckos, snakes, and frogs.25 A permit is required for
personal possession, exhibition, or sale of Class III wildlife; however, a permit is not required to
possess certain Class III wildlife as a personal pet.26 Permittees must meet various caging and
transportation requirements pursuant to FWC rules.27
Prohibited or Conditional Nonnative Snakes and Lizards
Prohibited species are nonnative species that pose a very high risk to native fish and wildlife, to
the ecology of native wildlife communities, or to human safety. Possession of these species
requires a permit from FWC and is generally limited to public exhibition and research.28
17
Fla. Admin. Code Ch. 68-5.
18
Fish and Wildlife Conservation Commission (FWC), What is a nonnative species?
https://myfwc.com/wildlifehabitats/nonnatives/exotic-information/ (last visited February 6, 2020).
19
FWC, Florida’s Exotic Fish and Wildlife, http://myfwc.com/wildlifehabitats/nonnatives/ (last visited on February 6, 020).
20
Id.
21
Section 379.231, F.S.
22
Class I wildlife are those that pose a significant danger to people. Species include bears, cheetahs, baboons, crocodiles,
elephants, gorillas, etc. FWC, Captive Wildlife, https://myfwc.com/license/captive-wildlife/ (last visited Feb. 25, 2020). See
Fla. Admin. Code R. 68A6.002(1)(a) for a list of Class I wildlife.
23
Class II wildlife are those that can pose a danger to people. Species include alligators, badgers, bobcats, monkeys, ostrich,
wolves, etc. FWC, Captive Wildlife, https://myfwc.com/license/captive-wildlife/ (last visited Feb. 25, 2020). See Fla. Admin.
Code R. 68A6.002(1)(b) for a list of Class II wildlife.
24
Fla. Admin. Code R. 68A-6.002(1)(c); FWC, Captive Wildlife, https://myfwc.com/license/captive-wildlife/ (last visited
Feb. 25, 2020).
25
FWC, Captive Wildlife, https://myfwc.com/license/captive-wildlife/ (last visited Feb. 25, 2020).
26
Fla. Admin. Code R. 68A-6.003; FWC, Captive Wildlife, https://myfwc.com/license/captive-wildlife/ (last visited Feb. 25,
2020).
27
Fla. Admin. Code R. 68A-6.011, 6.013-6.016.
28
Section 379.372, F.S.; see Fla. Admin. Code R. 68-5.003 for a complete list of prohibited species.
BILL: CS/CS/CS/SB 1414 Page 5
Conditional species29 are nonnative species that pose a risk to native fish and wildlife or to the
ecology of native wildlife communities. Conditional nonnative snakes and lizards are not
authorized to be acquired for personal possession.30 Specifically, the following nonnative snakes
and lizards are prohibited from being kept, possessed, or imported into the state, sold, bartered,
traded, or bred for personal use or for sale for personal use:
 Burmese or Indian python;
 Reticulated python;
 Northern African python;
 Southern African python;
 Amethystine or scrub python;
 Green Anaconda;
 Nile Monitor; and
 Any other reptile designated as a conditional or prohibited species by FWC.31
A reptile dealer, researcher, or public exhibitor providing educational exhibits may apply for a
permit to import or possess conditional nonnative snakes and lizards.32 Conditional nonnative
snakes and lizards must be kept indoors or in outdoor enclosures with a fixed roof and must be
permanently identified with a passive integrated transponder (PIT) tag, also known as a
microchip.33 Owners of such species must submit a Captive Wildlife Disaster and Critical
Incident Plan to FWC and must maintain records of their inventory.34
In 2018, the Legislature created s. 379.2311, F.S., which directed FWC to create a pilot program
to mitigate the impact of priority invasive species on the public lands or waters of the state. The
goal of the pilot program is to examine the benefits of using strategically deployed, trained
private contractors to slow the advance of priority invasive species, contain their populations,
and eradicate them from this state. As part of the program, FWC is authorized to enter into
contracts to capture or destroy animals belonging to priority invasive species found on public
lands, in the waters of this state, or on private lands or waters with the consent of the owner. All
captures and disposals of animals that are priority invasive species must be documented and
photographed and the geographic location of the take must be recorded for research purposes.
FWC is required to submit a report of findings and recommendations regarding its
implementation of the pilot program to the Governor, the President of the Senate, and the
Speaker of the House of Representatives by January 1, 2021.
Priority invasive species are:
 Lizards of the genus Tupinambis, also known as tegu lizards;
 The conditional lizard and snake species listed above;
29
Statute uses the phrase “reptiles of concern,” but FWC lists such species in its conditional species list. See FWC, Reptiles
of Concern, https://myfwc.com/license/captive-wildlife/reptiles-of-concern/ (last visited February 6, 2020);
s. 379.372(b), F.S.
30
FWC, Conditional Snakes and Lizards, http://myfwc.com/wildlifehabitats/nonnatives/regulations/snakes-and-lizards/ (last
visited February 6, 2020).
31
Section 379.372(2)(a), F.S.
32
Fla. Admin. Code R. 68-5.005(1); see FWC, Conditional Snakes and Lizards,
http://myfwc.com/wildlifehabitats/nonnatives/regulations/snakes-and-lizards/ (last visited February 6, 2020).
33
Fla. Admin. Code R. 68-5.005(5).
34
Id.
BILL: CS/CS/CS/SB 1414 Page 6
 Pterois volitans, also known as red lionfish; and
 Pterois miles, also known as the common lionfish or devil firefish.35
Tegus
The Argentine Black and White Tegu (Tupinambis merianae), commonly referred to as a tegu, is
a large species of lizard that can grow up to four feet in length and is native to South America.36
Tegus are not innately aggressive but have sharp teeth, strong jaws, and sharp claws, which they
will use to defend themselves if threatened.37 Tegus are an invasive species and have known
breeding populations in Miami-Dade and Hillsborough counties38 and an emerging population in
Charlotte County.39 The tegu causes harm to native species by disturbing alligator nests and
consuming their eggs, and utilizing gopher tortoise burrows and consuming juvenile gopher
tortoises.40
The tegu is not designated as a conditional or prohibited species.41 However, a person must
possess a license from FWC to sell a tegu or for public exhibition.42 A November 2019 survey of
all Class III license holders allowing for the sale of reptiles found 106 license holders listed that
may sell tegus with more than 1,245 in inventory.43 FWC developed a trapping removal program
and works with other agencies and organizations to assess the tegu’s threat and develop
management strategies.44 The goal of the program is to minimize the impact of tegus on native
wildlife and natural areas.45 A limited number of commercial wildlife operators trap and remove
tegus for homeowners or on other private lands.46
Members of the public may also remove and kill tegus from 22 FWC managed public lands
without a license or permit.47 Through these efforts, over 7,800 tegus have been reported to the
Commission as removed from the wild or found dead in Florida