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/SB 1266
INTRODUCER: Criminal Justice Committee and Senators Rodriguez and Stewart
SUBJECT: Venomous Reptiles
DATE: April 18, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Favorable
2. Cellon Stokes CJ Fav/CS
3. Carroll Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1266 amends s. 379.305, F.S., to provide that a person who knowingly releases a
nonnative venomous reptile or who through gross negligence allows a nonnative venomous
reptile to escape commits a Level Four violation.1 A person who knowingly releases a nonnative
reptile of concern or who through gross negligence allows a nonnative reptile of concern to
escape commits a Level Three violation.2
If a person violates s. 379.305(4), F.S., relating to the purchase, sale, attempt to sell, offer for
sale, conspiracy to sell, barter, exchange, trade, or import for sale or use of any species of
venomous reptile without having first obtained a special permit or license from the Florida Fish
and Wildlife Conservation Commission (FWC), he or she commits a Level Four violation.3
The bill amends s. 379.4015, F.S., to make multiple corresponding and substantive changes to
enhance certain penalties related to certain reptiles. Specifically, the bill amends:
 Section 379.4015(2)(a)2. and 3., F.S., to specifically exclude venomous reptiles and
nonnative venomous reptiles from certain Level Two violations.
1
Punishable by up to 5 years imprisonment and a $5,000 fine. Sections 775.082 and 775.083, F.S.
2
Punishable by up to 1 year in the county jail and a $1,000 fine. Sections 775.082 and 775.083, F.S.
3
Punishable by up to 5 years imprisonment and a $5,000 fine. Sections 775.082 and 775.083, F.S.
BILL: CS/SB 1266 Page 2
 Section 379.4015(3)(a)1., F.S., to provide that it is a Level Three violation for a person to
violate any rule or order of the FWC that require housing of wildlife in a safe manner when a
violation results in an escape of a venomous reptile.
 Section 379.4015(3)(a)9., F.S., to remove venomous reptiles from certain Level Three
violations.
 Section 379.4015(4)(c), F.S., to provide that it is a Level Four violation if a person violates
s. 379.305(3), F.S., relating to the release or escape of nonnative venomous reptiles, or
s. 379.305(4), F.S., relating to purchase, sale, attempt to sell, offer for sale, conspiracy to sell,
barter, exchange, trade, or import for sale or use any species of venomous reptile.
Level Two violations are either second4 or first degree5 misdemeanor offenses, depending upon
the offender’s history of FWC offenses. Level Three violations are first degree misdemeanor
offenses and Level 4 violations are third degree felony offenses.6
There is no reported Fiscal Impact from the bill. See Section V. Fiscal Impact.
The bill becomes effective July 1, 2023.
II. Present Situation:
Fish and Wildlife Conservation Commission
The Florida Fish and Wildlife Conservation Commission (FWC) is responsible for regulating,
managing, protecting, and conserving the state’s fish and wildlife resources.7 FWC is governed
by a board of seven members who are appointed by the Governor and confirmed by the Florida
Senate.8 Under Article IV, Section 9 of the Florida Constitution, FWC has 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.
Nonnative Reptiles in Florida
Many nonnative species in Florida do not cause problems in the state, however some can become
invasive.9 Invasive species are nonnative species that cause harm to the economy, environment,
or human health.10 In many cases, invasive species may threaten native species, biodiversity,
ecosystem services, recreation, water resources, agricultural and forest production, cultural
resources, economies and property values, public safety, and infrastructure.11
4
A second degree misdemeanor is punishable by up to 60 days in the county jail and a $500 fine. Sections 775.082 and
775.083, F.S.
5
A first degree misdemeanor is punishable by up to 1 year in the county jail and a $1,000 fine. Sections 775.082 and
775.083, F.S.
6
A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Sections 775.082 and 775.083, F.S.
7
FLA. CONST. art. IV, s. 9.
8
Id.; see also s. 379.102(1), F.S.
9
FWC, Florida’s Nonnative Fish and Wildlife, https://myfwc.com/wildlifehabitats/nonnatives/ (last visited Mar. 31, 2023).
10
U.S. Forest Service, Invasive Species, https://www.fs.usda.gov/managing-land/invasive-species (last visited Mar. 31,
2023).
11
Id.
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Nonnative reptiles in Florida include many species of crocodilians, turtles, snakes, geckos,
iguanas and relatives, monitors, skinks and girdled lizards, and whiptails and wall lizards.12
Scientists estimated in 2015 that there were at least 63 established species of nonnative reptiles
and amphibians in Florida, including 48 species of lizards, 4 frogs, 5 turtles, 5 snakes, and 1
crocodilian.13
Early invasive reptiles in Florida included small-bodied lizards and frogs that were early-
maturing insectivores and were strongly associated with people and disturbed habitats.14 These
were mostly introduced through cargo and included the Cuban tree frog, brown anole, northern
curly-tailed lizard, and Mediterranean gecko. Newer invasive reptiles tend to be large-bodied
lizards and snakes. They are relatively early-maturing prolific breeders, are predators of
vertebrate prey, and they thrive in a wide range of habitats. These newer invasive reptiles were
mostly introduced through the pet trade and include the Burmese python, black spiny-tailed
iguana, Argentine black and white tegu, and Nile monitor.15
Native Venomous Reptiles in Florida
There are six venomous reptiles – all snakes – native to Florida.16 These snakes are the pygmy
rattlesnake, eastern diamondback rattlesnake, timber (or canebrake) rattlesnake, cottonmouth,
copperhead, and eastern coral snake. Distributions of these snakes in Florida are as follows:
 Cottonmouths and eastern diamondback rattlesnakes are found throughout the state;
 Pygmy rattlesnakes are distributed throughout the state except for the Florida Keys;
 Eastern coral snakes are found throughout the state except for the southern Keys; and
 Timber rattlesnakes and copperheads are only found in parts of the Panhandle.17
Florida Regulations of Captive Reptiles
Under Florida statute, no person may capture, keep, possess, or exhibit any poisonous or
venomous reptile or reptile of concern without first having obtained a special permit or license
from FWC.18 It is unlawful for any person, whether licensed or not, to capture, keep, possess, or
exhibit any venomous reptile or reptile of concern in any manner not approved as safe, secure,
and proper. FWC may inspect venomous reptiles or reptiles of concern that are held in captivity
to determine whether they are safely and properly penned. If they are not safely and properly
penned, the situation must be corrected within 30 days or the violator risks license or permit
revocation.
12
FWC, Nonnative Reptiles, https://myfwc.com/wildlifehabitats/nonnatives/reptiles/ (last visited Mar. 31, 2023).
13
Frank Mazzotti and Rebecca Harvey, The University of Florida’s Institute of Flood and Agricultural Sciences (IFAS), The
Invasion of Exotic Reptiles and Amphibians in Florida, https://edis.ifas.ufl.edu/publication/UW365 (last visited Mar. 31,
2023).
14
Id.
15
Id.
16
University of Florida, Institute of Food and Agricultural Sciences, Dealing with Snakes,
https://ufwildlife.ifas.ufl.edu/venomous_snake_identification.shtml (last visited Mar. 31, 2023).
17
Id.
18
Section 379.372(1), F.S.
BILL: CS/SB 1266 Page 4
The Florida Statutes prohibit keeping, possessing, importing into the state, selling, bartering,
trading, or breeding the following species except for educational, research, eradication, or control
purposes:
 Burmese or Indian python (Python molurus),
 Reticulated python (Python reticulatus),
 Northern African python (Python sebae),
 Southern African python (Python natalensis),
 Amethystine or scrub python (Morelia amethystinus),
 Green Anaconda (Eunectes murinus),
 Nile monitor (Varanus niloticus),
 Green iguana (Iguana iguana),
 Tegu lizard (any species of the genera Salvator or Tupinambis), and
 Any other reptile FWC designates as a conditional or prohibited species.19
A person who holds a permit issued before July 1, 2010, to legally possess one of the species
listed above may possess such reptile for the remainder of its life.20 If the reptile outlives the
person, the reptile may be legally transferred to another entity holding a permit authorizing
possession of the reptile for the remainder of its life.21
If FWC designates a species of reptile as a conditional or prohibited species after July 1, 2010,
FWC may authorize the personal possession of that newly designated species by those licensed
to possess it before the effective date of the species’ designation.22
Currently, FWC does not list reptiles of concern, and former reptiles of concern have been listed
as prohibited species since April 29, 2021.23 The conditional nonnative species list only contains
one reptile, the red-eared slider (Trachemys scripta elegans).24
Venomous Reptile Permit
The venomous reptile permit issued by FWC authorizes personal possession and exhibition of
the venomous reptile family for which the permittee is approved.25 The permit costs $100. To
qualify for a venomous reptile permit, an applicant must meet certain experience requirements,
must be at least 18 years old, and must not have been convicted of:
 A violation of captive wildlife regulations;
 A violation involving the illegal commercialization of wildlife;
 A violation involving cruelty to animals; or
 A violation involving importation of animals within three years of the date of application.
19
Section 379.372(2), F.S.
20
Id.
21
Id.
22
Id.
23
FWC, Reptiles of Concern, https://myfwc.com/license/captive-wildlife/reptiles-of-concern/ (last visited Mar. 31, 2023).
24
FWC, Conditional Nonnative Species List, https://myfwc.com/wildlifehabitats/nonnatives/conditional-species-list/ (last
visited Mar. 31, 2023).
25
FWC, Venomous Reptile Fact Sheet, 1 (2023) (On file with the Senate Committee on Environment and Natural Resources).
BILL: CS/SB 1266 Page 5
Applicants must also demonstrate no less than one year of substantial practical experience in the
care, feeding, handling, and husbandry of the species or other species within the same biological
family that are similar in characteristics and care to the species for which the permit is sought.
Applicants must also provide two references from individuals with firsthand knowledge of their
experience. The individuals must be licensed by FWC for venomous reptiles of the same family
for which the applicant is seeking authorization or must be a representative of a professional
organization or governmental institution which deals directly with venomous reptiles.
Additional permits are required for the importation of nonnative venomous reptiles and the sale
of all venomous reptiles.26
Nonnative and Captive Wildlife Penalties
Level One Violations
A person commits a Level One violation if he or she violates any of the following provisions:
 FWC rules or orders requiring free permits or other authorizations to possess captive
wildlife;
 FWC rules or orders relating to the filing of reports or other documents required of persons
who are licensed to possess captive wildlife; or
 FWC rules or orders requiring permits to possess captive wildlife for which a fee is charged,
when the person being charged was issued the permit and it expired less than 1 year prior to
the violation.27
Any person cited for a Level One violation commits a noncriminal infraction and shall be cited
to appear before county court. The violator will be fined $50 if he or she has not previously been
found guilty of a Level One violation and $250 if he or she has previously been found guilty of a
Level One violation.28
Level Two Violations
A person commits a Level Two violation if he or she violates any of the following provisions:
 Unless otherwise stated under Level One violations, FWC rules or orders that require a
person to pay a fee to obtain a permit to possess captive wildlife or that require the
maintenance of records relating to captive wildlife;
 FWC rules or orders relating to captive wildlife not specified under Level One or Level
Three violations;
 FWC rules or orders that require housing of wildlife in a safe manner when a violation results
in an escape of wildlife other than Class I wildlife;29
 FWC rules or orders relating to either conditional species or prohibited species;
26
Id.
27
Section 379.4015(1), F.S.
28
Id.
29
Class I wildlife is a defined list of species that present a real or potential threat to human safety. Possession of Class I
wildlife requires a license and species may not be possessed as a personal pet. There are substantial experience, cage, and
proof of commercial activity requirements that must be met before a license to possess Class I wildlife will be issued. FWC,
Class I Wildlife, https://myfwc.com/license/captive-wildlife/class-i/ (last visited Mar. 31, 2023).
BILL: CS/SB 1266 Page 6
 Section 379.372, F.S., relating to capturing, keeping, possessing, transporting, or exhibiting
venomous reptiles, reptiles of concern, conditional reptiles, or prohibited reptiles;
 Section 379.373, F.S., relating to requiring a license or permit to capture, keep, possess, or
exhibit venomous reptiles or reptiles of concern;
 Section 379.374, F.S., relating to bonding requirements for public exhibits of venomous
reptiles;
 Section 379.305, F.S., relating to FWC rules and regulations preventing the escape of
venomous reptiles or reptiles of concern;
 Sections 379.304 or 379.3761, F.S., relating to the exhibition or sale of wildlife; or
 Section 379.3762, F.S., relating to personal possession of wildlife.30
Fine or
Level Two Violation Degree of Offense License Restrictions
Incarceration
Has not been 2nd Degree Max: $500 or None
convicted of a Level Misdemeanor Max: 60 days
Two (or higher)
violation within the
past three years
Convicted of a Level 1st Degree Mandatory Min: None
Two violation within Misdemeanor $250; Max: $1,000
three years of a Max: one year
previous conviction
of a Level Two (or
higher) violation
Convicted of a Level 1st Degree Mandatory Min: Suspension of license
Two (or higher) Misdemeanor $500; Max: $1,000 for one year
violation within five Max: one year
years of any two
previous convictions
of Level Two (or
higher) violations
Convicted of a Level 1st Degree