Lawsuit Update: September 4, 2020
USARK FL Got It Done!
It was a good day! Mid-afternoon on September 3rd, Circuit Judge John C. Cooper ruled from Tallahassee, Florida, that USARK FL was correct in its challenge that Senate Bill 1414 (SB1414) violated the Florida Constitution. The legislative bill that was signed into law by Governor Ron DeSantis banning tegus and green iguanas as pets, as well as terminating the successful Conditional Species Permit (CSP) program for reptiles, will now be repealed. In short, we argued that SB 1414 was unconstitutional, and the Court agreed!
The legal process must still be completed but over the next week or so we will see a written Order from Judge Cooper. To be clear, Judge Cooper has granted our motion for summary judgment and we await the formal Order reflecting his decision. Following that, FWC will have 30 days to appeal. If FWC does not appeal, then it will rescind its Executive Order 20-19. When that occurs (which may happen prior to the 30-day deadline), Florida herpetoculturists and businesses will be able to conduct the same activities they could prior to July 1st of this year, when SB1414 became law.
While the Court has ruled in our favor, we suggest that businesses and herp keepers wait for all formalities to be completed. We will be sure to keep the herpetoculture community apprised on updates.
Note that by "unconstitutional" we speak of the Florida Constitution, not the U.S. Constitution. This is a state lawsuit against a state agency involving a state statute, not a federal lawsuit.
While we had a huge victory in court, we must now focus on the FWC rulemaking. FWC has started their rulemaking process regarding tegus and green iguanas, as well as possible elimination of the CSP program. But this is not over yet. Our lawsuit does not make the initiated rulemaking go away. However, it does mean that the regulations do not need to mirror SB1414.
FWC cannot rely on the legislature’s mandate to pass bans. FWC must now create “reasonable rules.” We will work for a regeneration of the cooperative spirit that once existed between FWC and stakeholders. We all want to protect Florida’s environment and fauna. That is a top priority. We must not lose sight that common-sense and reasonable regulation is a far more productive and protective path than bans. Anyone who thinks bans are the answer should have paid more attention in history class.
Please know that this victory does not mean that you should go buy a tegu or iguana “before it’s too late.” These species are long-lived and bringing one home should be taken very seriously. That little cute baby will grow quickly. Tegus and iguanas require exceptionally large enclosures, lots of food, specialized UVB lighting or daily exposure to natural sunlight, and much more attention and care than other reptile species. Bringing a tegu or iguana into your home necessitates nearly as much responsibility as a dog or cat. Be responsible! If you are not willing to keep that animal humanely for its entire life, then you should not bring it home. If you do not have the resources to care for a tegu or iguana properly and responsibly, then please do not buy or rehome one.
Thank you to everyone who supports us! Please keep the donations coming! Know that we must still pay the bills for this lawsuit and future actions. Our team from Holland & Knight, specifically attorneys Tiffany Roddenberry and Larry Sellers, did us all proud and we want to retain them for legal counsel and lobbying services in the future. There are no better attorneys out there!
USARK FL cannot continue to be successful without your financial support. We know that everyone can contribute… lots of little donations add up. In addition, you can help spread awareness of USARK FL and what we do to protect responsible herpetoculturists.
One final point… while this lawsuit dealt with Conditional Species, tegus, and green iguanas, this was a win for all conscientious herpetoculturists and animal enthusiasts. This lawsuit was for the entire community. We had to take a stand. We did that… and we prevailed!
NOTE: Our lawsuit only challenged the third section of SB1414. The remainder of the bill regarding hunting and fishing regulations remains law.
USARK FL Got It Done!
It was a good day! Mid-afternoon on September 3rd, Circuit Judge John C. Cooper ruled from Tallahassee, Florida, that USARK FL was correct in its challenge that Senate Bill 1414 (SB1414) violated the Florida Constitution. The legislative bill that was signed into law by Governor Ron DeSantis banning tegus and green iguanas as pets, as well as terminating the successful Conditional Species Permit (CSP) program for reptiles, will now be repealed. In short, we argued that SB 1414 was unconstitutional, and the Court agreed!
The legal process must still be completed but over the next week or so we will see a written Order from Judge Cooper. To be clear, Judge Cooper has granted our motion for summary judgment and we await the formal Order reflecting his decision. Following that, FWC will have 30 days to appeal. If FWC does not appeal, then it will rescind its Executive Order 20-19. When that occurs (which may happen prior to the 30-day deadline), Florida herpetoculturists and businesses will be able to conduct the same activities they could prior to July 1st of this year, when SB1414 became law.
While the Court has ruled in our favor, we suggest that businesses and herp keepers wait for all formalities to be completed. We will be sure to keep the herpetoculture community apprised on updates.
Note that by "unconstitutional" we speak of the Florida Constitution, not the U.S. Constitution. This is a state lawsuit against a state agency involving a state statute, not a federal lawsuit.
While we had a huge victory in court, we must now focus on the FWC rulemaking. FWC has started their rulemaking process regarding tegus and green iguanas, as well as possible elimination of the CSP program. But this is not over yet. Our lawsuit does not make the initiated rulemaking go away. However, it does mean that the regulations do not need to mirror SB1414.
FWC cannot rely on the legislature’s mandate to pass bans. FWC must now create “reasonable rules.” We will work for a regeneration of the cooperative spirit that once existed between FWC and stakeholders. We all want to protect Florida’s environment and fauna. That is a top priority. We must not lose sight that common-sense and reasonable regulation is a far more productive and protective path than bans. Anyone who thinks bans are the answer should have paid more attention in history class.
Please know that this victory does not mean that you should go buy a tegu or iguana “before it’s too late.” These species are long-lived and bringing one home should be taken very seriously. That little cute baby will grow quickly. Tegus and iguanas require exceptionally large enclosures, lots of food, specialized UVB lighting or daily exposure to natural sunlight, and much more attention and care than other reptile species. Bringing a tegu or iguana into your home necessitates nearly as much responsibility as a dog or cat. Be responsible! If you are not willing to keep that animal humanely for its entire life, then you should not bring it home. If you do not have the resources to care for a tegu or iguana properly and responsibly, then please do not buy or rehome one.
Thank you to everyone who supports us! Please keep the donations coming! Know that we must still pay the bills for this lawsuit and future actions. Our team from Holland & Knight, specifically attorneys Tiffany Roddenberry and Larry Sellers, did us all proud and we want to retain them for legal counsel and lobbying services in the future. There are no better attorneys out there!
USARK FL cannot continue to be successful without your financial support. We know that everyone can contribute… lots of little donations add up. In addition, you can help spread awareness of USARK FL and what we do to protect responsible herpetoculturists.
One final point… while this lawsuit dealt with Conditional Species, tegus, and green iguanas, this was a win for all conscientious herpetoculturists and animal enthusiasts. This lawsuit was for the entire community. We had to take a stand. We did that… and we prevailed!
NOTE: Our lawsuit only challenged the third section of SB1414. The remainder of the bill regarding hunting and fishing regulations remains law.
