The City of Dunedin, Florida has proposed to add a clause prohibiting “constrictor snakes more than 4 feet long” to an existing City ordinance banning “poisonous” snakes.
On December 3rd the United States Association of Reptile Keepers (USARK) reported that “almost all snakes will be banned within the city of Dunedin, Florida.” Both USARK and the City of Dunedin were apparently unaware that under the Florida State Constitution, only the Florida Fish and Wildlife Conservation Commission (FWC) has authority to regulate wildlife in the sunshine state. The US Herpeteculture Alliance pointed out this constitutional nuance of Florida wildlife law less than an hour after the USARK alert.
The reality of this situation is that the ordinance banning “poisonous” snakes and the proposed addition of constrictor snakes more than 4 feet long is unconstitutional under Florida law.
On December 11th the Tampa Bay Times ran an article entitled, Dunedin to take longer look at banning longer snakes, underscoring the constitutional authority over wildlife regulation by FWC. Since then Thomas Trask, Dunedin City Attorney, has been reviewing the constitutionality of the proposed ordinance. Now the Herp Alliance has learned that it is possible that the Dunedin City Commission may strike all language pertaining to snakes from the ordinance.