Title: Transactions for the Possession of Animals

Summary: Prohibits person, party, firm, association, or corporation from keeping, possessing, importing, selling, bartering, trading, or breeding for personal use or sale green iguanas or black & white tegus; declares that certain contracts entered into on or after specified date for sale or lease of pet are against public policy of this state & are void & unenforceable.

Full Text:
An act relating to transactions for the possession of animals; amending s. 379.372, F.S.; making technical changes; prohibiting a person, a party, a firm, an association, or a corporation from keeping, possessing, importing, selling, bartering, trading, or breeding for personal use or sale green iguanas or black and white tegus; creating s. 725.09, F.S.; providing legislative intent; defining the terms "pet" and "pet dealer"; declaring that certain contracts entered into on or after a specified date for the sale or lease of a pet are against the public policy of this state and are void and unenforceable; providing an exception; providing remedies for noncomplian ce; providing penalties; reenacting s. 379.2311(1), F.S., relating to the definition of the term "priority invasive species," to incorporate the amendment made to s. 379.372, F.S., in a reference thereto; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 379.372, Florida Statutes, is amended to read: 379.372 Capturing, keeping, possessing, transporting, or HB 1105 2019 exhibiting venomous reptiles, reptiles of concern, conditional reptiles, or prohibite dreptiles; license required.-(1)(a) A No person, a party, a firm, an association, or a corporation may not shall capture, keep, possess, or exhibit any poisonous or venomous reptile or reptile of concern without first having obtained a special permit or license therefor from the Fish and Wildlife Conservation Commission as provided in this section. (b) By December 31, 2007, The commission shall establish a list of reptiles of concern, including venomous, nonvenomous, native, nonnative, or other reptil es, which require additional regulation for capture, possession, transportation, or exhibition due to their nature, habits, status, or potential to negatively impact humans, the environment, or ecology. (c) It is shall be unlawful for any person, party, firm, association, or corporation, whether licensed hereunder 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 by the commission. Venomous reptiles or reptiles of concern held in captivity are subject to inspection by the commission. The commission shall determine whether the reptiles are securely, safely, and properly penned. If In the event that the reptiles are not safely penned, the commission must shall report the situation in writing to the person, party, firm, association, or corporation owning the reptiles. Failure of the HB 1105 2019 person, party, firm, association, or corporation to correct the situation within days after such written notice is shall be grounds fo rrevocation of the license or permit of the person, party, firm, association, or corporation. (d) Venomous reptiles or reptiles of concern shall be transported in a safe, secure, and proper manner. The commission shall establish by rule the requirements for the transportation of venomous reptiles or reptiles of concern. (2)(a) A No person, a party, a firm, an association, or a corporation may not shall keep, possess, import into the state, sell, barter, trade, or breed any of the following species for personal use or for sale for personal use: 1. Burmese or Indian python ( Python molurus ). 2. Reticulated python ( Python reticulatus ). 3. Northern African python ( Python sebae ). 4. Southern African python ( Python natalensis ). 5. Amethystine or scru bpython ( Morelia amethystinus ). 6. Green Anaconda ( Eunectes murinus ). 7. Nile monitor ( Varanus niloticus ). 8. Green iguana ( Iguana iguana ). 9. Black and white tegu ( Salvator merianae ). 10.8. Any other reptile designated as a conditional or prohibited species by the commission. (b) If a person, party, firm, association, or corporation holds a permit issued before July 1, 2010, under subsection (1) HB 1105 2019 to legally possess a species listed in paragraph (a), that person, party, firm, association, or corporation may possess such reptile for the remainder of the life of the reptile. (c) If a person, party, firm, association, or corporation holds a permit issued before July 1, 2010, under subsection (1) to legally possess a reptile listed in paragraph (a), and the reptile remains alive following the death or dissolution of the licensee, the reptile may be legally transferred to another entity holding a permit authorizing possession of the reptile for the remainder of the life of the reptile. (d) If the commission designates a species of reptile as a conditional or prohibited species after July 1, 2010, the commission may authorize the personal possession of that newly designated species by those licensed to possess that species of reptile before the effective date of the species' designation by the commission as a conditional or prohibited species. The personal possession of such reptile is not a violation of paragraph (a) if the personal possession was authorized by the commission. (e) This subsection does not apply to traveling wildlife exhibitors that are licensed or registered under the United States Animal Welfare Act or to zoological facilities that are licensed or exempted by the commission from the licensure requirement. Section 2. Section 725.09, Florida Statutes, is created to HB 1105 2019 read: 725.09 Contracts for the sale or lease of pets.-(1) It is the intent of the Legislature to protect consumers in this state from deceptive and predatory financing arrangements and to protect pets from the harmful effects of such arrangements by making it a policy of this state to prohibit the leasing of pets. (2) As used in this section, the term: (a) "Pet" means a living animal that has been acquired for the primary purpose of providing companionship to the owner, rather than for a business or an agricultural purpose. (b) "Pet dealer" has the same meaning as in s. 828.29(13). (3) A contract entered into on or after July 1, 2019, to do either of the following is ag ainst the public policy of this state and is void and unenforceable: (a) Transfer ownership of a pet, if the pet is used as collateral for the contract or is subject to repossession in any manner upon default of the contract. Such prohibition does not apply to sales for which payments are made to repay an unsecured loan for the purchase of the animal. (b) Lease a pet, if the contract provides for or offers the option of transferring ownership of the animal at the end of the lease term. (4) In addition to any other remedies provided by law, the consumer taking possession of a pet transferred under a contract HB 1105 2019 described in this section is the owner of the pet and is entitled to the return of all amounts the consumer paid under such contract. (5) A perso nwho offers a pet for lease or as collateral for a contract in violation of this section commits a noncriminal violation as defined in s. 775.08(3) and upon conviction must be punished as provided in s. 775.082(5) by a civil fine of not more than $500 for a first violation and not more than $1,000 for a second or subsequent violation. Section 3. For the purpose of incorporating the amendment made by this act to section 379.372, Florida Statutes, in a reference thereto, subsection (1) of section 379.231 1, Florida Statutes, is reenacted to read: 379.2311 Nonnative animal management.-(1) As used in this section, the term "priority invasive species" means the following: (a) Lizards of the genus Tupinambis,also known as tegu lizards; (b) Species id entified in s. 379.372(2)(a); (c) Pterois volitans,also known as red lionfish; and (d) Pterois miles,also known as the common lionfish or devil firefish. Section 4. This act shall take effect July 1, 2019.