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-   -   Florida state law issues (https://www.faunaclassifieds.com/forums/showthread.php?t=22308)

snakebstr 12-14-2003 12:42 PM

So let me get this right. If someone comes in the show with 10 animals and sells or trys to sell to a vendor the 10 animals, Would he need a permit? And why would the buyer get introuble if he HAS a CLASS III permit? It would seem to me that the only one that would get busted should BE the PERSON Trying to SELL the animals in this case THE OFFICER since he stated he didn't have a permit. And if it was less than the 11 animals required to have a permit. Might be no violation at all. I don't know since I was not at the show or did I see it for myself. Does anyone know what the fines were? Or were there any fines at all? I would definatly fight it....Thanks DAVID

brucestephenson 12-14-2003 12:49 PM

Please click on this URL for the application for the Florida permit to sell reptiles:

http://floridaconservation.org/permi...three_wild.pdf


The Florida FWCC has about 15,000 kinds of permits, so you would have a hard time finding it through their home page.

brucestephenson 12-14-2003 12:51 PM

The price has gone up to $50.00

brucestephenson 12-14-2003 01:00 PM

David,

The permit to possess or sell under 25 is cheaper.

WebSlave 12-14-2003 01:04 PM

Well, I've never been all that keen about the public bringing their own animals into a show I paid good money for tables in order to sell my animals anyway. I think this would be excellent cause for show promoters to just prohibit walkins from bringing in animals for any reason.

If someone comes up to your table to try to sell you an animal, just contact the show staff to have the agent, er 'person', escorted out the door.

So let me run this by you all. If a person buys an animal from you at a show, then an hour later comes back, for whatever reason, wanting to return the animal to you, would you be in legal jeopardy doing so if the customer does not have a permit? In effect, you are buying back that animal from the customer.

Also:
Quote:

And why would the buyer get introuble if he HAS a CLASS III permit? It would seem to me that the only one that would get busted should BE the PERSON Trying to SELL the animals in this case THE OFFICER since he stated he didn't have a permit.
This is a good point. I don't believe I have ever seen any statute that said it was permissible for any authority agency to break the law in order to enforce the law.

brucestephenson 12-14-2003 01:07 PM

That is why I think the summons would not hold up with a good attorney at your side.

KNOBTAIL 12-14-2003 02:05 PM

well DAVID, that is exactly what
 
happened. Petty entrapment, and these louses look at this as bust ! I dont know if the sale by an agent would be the same if it were to another individual as opposed to a licenced vendor. I am not that familiar with these laws even though I am a resident and was a vendor at that show. Rob may be in a better position to answer that question. JERRY

KNOBTAIL 12-14-2003 02:49 PM

I may be wrong, but is it possible that the agents
 
offered the Scarlets without actually having them, and may have indicated that they had the animals outside in the car. To the best of my knowledge, Lauren does not allow animals into the show, unless you are show vendor. But Richs point is well taken. This show was on the 13th. Lauren is having another show on the 28th at a different location. What if a customer purchased a herp and wanted to return it to the same vendor on the 28th. What if it was a prearranged agreement. Would the vendor be in violation?

There are to many possibilities in this scenero, and as indicated, a good attorney would make mince meat out of these super agents. Jerry

WebSlave 12-14-2003 03:01 PM

There may be a deeper look needed at this issue.

Are show promoters who allow the public to bring animals into the show, possibly to offer for sale, possibly placing themselves in legal jeopardy by knowingly allowing an illegal practice to take place? If overzealous agents will bust vendors, I would think busting a show promoter would look as a rather big feather in their cap.

snakebstr 12-14-2003 06:57 PM

Oh yea, They would be thinking they just busted the king pin. But you know The laws don't apply to the law enforcers if you really think about it. They can call you and set you up for a drug deal. they can speed to catch a speeder. And they can put potential prostitues on the streets to Entrap a buyer of sex or vice versa. So maybe this can be something they are allowed to do. As with the reptiles they can ask you to get them illegal animals even if you don't offer them first...some of this is going on as we speak. I like people to bring in snakes to shows to sell. I like getting deals on snakes they are not wanting to care for anymore. Does anyone have actual proof showing that a agent tried to sell snakes without a permit or tried to sell snakes he didn't even have. NO SNAKES NO CRIME. That would be like me going to a Police station and telling a Officer I had DRUGS when I didn't, I really don't think they could bust you if they don't see drugs/snakes. Unless they try and rap you with Intent to buy/sell with out a class III permit. But that seem kinda foolish for them to go after someone that has to have a class III permit to sell, unless the people busted didn't have a PERMIT either. then they might have a case. Just my opinion. Thanks DAVID


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