Senate Bill 1298 (2023) — Endangered and threatened species
SB 1298
Florida Bills
Florida Senate - 2023 SB 1298 By Senator Jones 34-00380-23 20231298__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to endangered and threatened species; 2 amending s. 379.2291, F.S.; revising the legislative 3 intent of the Florida Endangered and Threatened 4 Species Act; revising
definitions; directing the Fish 5 and Wildlife Conservation Commission to protect 6 certain endangered or threatened species, regardless 7 of the status of their federal classification; 8 prohibiting the commission from considering certain 9 costs when designating a species as endangered or 10 threatened; amending s. 581.185, F.S.; revising 11 criteria for placement of species on the Regulated 12 Plant Index by the Department of Agriculture and 13 Consumer Services; directing the department, in 14 consultation with the Endangered Plant Advisory 15 Council, to protect certain endangered or threatened 16 species, regardless of the status of their federal 17 classification; prohibiting the department from 18 considering certain costs when designating a species 19 as endangered or threatened; reenacting ss. 379.1026 20 and 379.4115(1), F.S., relating to site-specific 21 location information for endangered and threatened 22 species and prohibitions relating to the Florida 23 panther, respectively, to incorporate the amendment 24 made to s. 379.2291, F.S., in references thereto; 25 providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29
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Section 1. Subsections (2), (3), and (4) of
section 30 379.2291, Florida Statutes, are amended to read: 31 379.2291 Endangered and Threatened Species Act.— 32
(2) DECLARATION OF POLICY.—The Legislature recognizes that 33 the State of Florida harbors a wide diversity of fish and 34 wildlife and that it is the policy of this state to conserve and 35 wisely manage these resources, with particular attention to 36 those species designated defined by the Fish and Wildlife 37 Conservation Commission, the Department of Environmental 38 Protection, or the United States Department of Interior, or 39 successor agencies, as being endangered or threatened.
As 40 Florida has more endangered and threatened species than any 41 other continental state, it is the intent of the Legislature to 42 provide for research and management to conserve and protect 43 these species as a natural resource. 44
(3) DEFINITIONS.—As used in this section: 45 (a) “Fish and wildlife” means any member of the animal 46 kingdom, including, but not limited to, any mammal, fish, bird, 47 amphibian, reptile, mollusk, crustacean, arthropod, or other 48 invertebrate. 49 (b) “Endangered species” means any species of fish and 50 wildlife naturally occurring in Florida, whose prospects of 51 survival are in jeopardy due to modification or loss of habitat; 52 overuse overutilization for commercial, sporting, scientific, or 53 educational purposes; disease; predation; inadequacy of 54 regulatory mechanisms; or other natural or manmade factors 55 affecting its continued existence, including climate change. 56 (c) “Threatened species” means any species of fish and 57 wildlife naturally occurring in Florida which may not be in 58
Florida Senate - 2023 SB 1298 34-00380-23 20231298__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. immediate danger of extinction, but which exists in such small 59 populations as to become endangered if it is subjected to 60 increased stress as a result of further modification of its 61 environment, including climate change. 62
(4) INTERAGENCY COORDINATION.— 63 (
a) The commission shall be responsible for research and 64 management of freshwater and upland species and for research and 65 management of marine species. 66 (
b) Recognizing that citizen awareness is a key element in 67 the success of this plan, the commission and the Department of 68 Education are encouraged to work together to develop a public 69 education program with emphasis on, but not limited to, both 70 public and private schools. 71 (
c) The commission, in consultation with the Department of 72 Agriculture and Consumer Services, the Department of Economic 73 Opportunity, or the Department of Transportation, may establish 74 reduced speed zones along roads, streets, and highways to 75 protect endangered species or threatened species. 76 (
d) Notwithstanding declassification under the federal 77 Endangered Species Act of 1973, the commission shall continue to 78 protect species that meet the definition of endangered or 79 threatened under subsection (3), as determined by the 80 commission. 81 (
e) The commission may not consider the economic cost of 82 protecting a species as a factor in designating the species as 83 endangered or threatened. 84
Section 2. Subsection (5) of
section 581.185, Florida 85 Statutes, is amended to read: 86 581.185 Preservation of native flora of Florida.— 87
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(5) REVIEW.— 88 (
a) Beginning in 1984, and every 4 years thereafter, the 89 department and the Endangered Plant Advisory Council shall 90 conduct a comprehensive review of this
section and of the 91 Regulated Plant Index, as provided in rules of the department, 92 shall be made by the department and the Endangered Plant 93 Advisory Council at 4-year intervals. 94 (
b) The department shall consider any species of plant that 95 should be placed on the Regulated Plant Index which is in danger 96 of disappearing from its native habitat within the foreseeable 97 future throughout all or a significant portion of the range of 98 the species because of: 99 1. Present or threatened destruction, modification, or 100 curtailment of the range of the species. 101 2. Overuse Overutilization of the species for commercial, 102 scientific, or educational purposes. 103 3. Disease or predation. 104 4. Any other natural or manmade factor affecting the 105 continued existence of the species, including climate change. 106 (
c) In carrying out reviews and arriving at recommendations 107 under paragraphs (
a) and (b), the department and the advisory 108 council shall use the best scientific and commercial data 109 available and shall consult with interested persons and 110 organizations. 111 (
d) Notwithstanding declassification under the federal 112 Endangered Species Act of 1973, the department shall continue to 113 protect species that meet the definition of endangered or 114 threatened under subsection (2), as determined by the department 115 in consultation with the advisory council. 116
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e) The department may not consider the economic cost of 117 protecting a species as a factor in designating the species as 118 endangered or threatened. 119
Section 3. For the purpose of incorporating the amendment 120 made by this act to
section 379.2291, Florida Statutes, in a 121 reference thereto,
section 379.1026, Florida Statutes, is 122 reenacted to read: 123 379.1026 Site-specific location information for endangered 124 and threatened species; public records exemption.—The site-125 specific location information held by an agency as defined in s. 126 119.011 concerning an endangered species as defined in s. 127 379.2291(3)(b), a threatened species as defined in s. 128 379.2291(3)(c), or a species listed by a federal agency as 129 endangered or threatened, is exempt from s. 119.07(1) and s. 130 24(a), Art. I of the State Constitution. This exemption does not 131 apply to the site-specific location information of animals held 132 in captivity. This
section is subject to the Open Government 133 Sunset Review Act in accordance with s. 119.15 and shall stand 134 repealed on October 2, 2025, unless reviewed and saved from 135 repeal by the Legislature. 136
Section 4. For the purpose of incorporating the amendment 137 made by this act to
section 379.2291, Florida Statutes, in a 138 reference thereto, subsection (1) of
section 379.4115, Florida 139 Statutes, is reenacted to read: 140 379.4115 Florida or wild panther; killing prohibited; 141 penalty.— 142
(1) It is unlawful for a person to kill a member of the 143 Florida “endangered species,” as defined in s. 379.2291(3), 144 known as the Florida panther (Felis concolor coryi). 145
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