CAPTIVE WILDLIFE REGULATIONS

Be sure to consult the appropriate rules or statutes for classes I, II, and III when applying to possess wildlife permit forms. To view a list of Class I and Class II wildlife see 68A-6.002. Class III wildlife is all other wildlife not listed as Class I or II.

These proposed changes are by Big Cat Rescue. The red highlighted text is to be deleted and the additions are in red underlined lettering.

Yellow highlights are Carole Baskin’s notes and are not intended to read as part of the text

Summaries of History, Statutes and Regulations

History of Captive Wildlife Regulations in Florida

In 1967 the Legislature enacted Florida Statute 372.921, charging the Commission with the regulation of native and exotic captive wildlife. The Statute provided for licensing of all wildlife kept for public display or sale and further charged the agency with developing regulations to ensure wildlife was humanely and safely kept. The law also gave the Commission the power to seize and confiscate illegally held wildlife. At this time in Florida's history, main highways were lined with "roadside menageries" holding wildlife under squalid conditions in cramped caging. Complaints from tourists streamed into governmental offices demanding action to improve conditions.

The new law established a "Wildlife Criteria Committee" to develop the first captive wildlife regulations. The Committee included a member from the Florida Attractions Association, several zoo owners, a state health officer, and Commission representatives. After several years of work, the new regulations became effective in 1970. This made the Commission the first governmental agency in the world to develop minimum pen specifications. These regulations set the national and international standards and were adopted by many states and some foreign governments.

No animal welfare experts were included.

In 1973, a specialized law enforcement program, called Wildlife Inspections, was created to relieve wildlife officers from the responsibility of exhibit inspections. Up until that time, zoo inspections required two individuals: a wildlife biologist to serve as an "expert witness" in court regarding sanitation/wildlife caging discrepancies, and a wildlife officer to make arrests or direct other enforcement action. The wildlife inspectors would fill both niches, by having a zoology degree and law enforcement training and authority. Inspectors received specialized training in zoo management and husbandry, exotic wildlife identification, and developed in-depth inspection criteria. They also received training in the re-capture of escaped exotic wildlife and venomous reptiles using a variety of tranquilization techniques and snake handling equipment.

Inspectors found that many roadside zoos were below the required specifications and chose to go out of business rather than comply. Others rebuilt caging to the minimum standards. The current responsibilities of inspectors include regulating the importation, exportation, possession, sale and exhibition of wildlife and freshwater aquatic life for commercial and private use.

In 1974, the Legislature again became involved in wildlife regulation and enacted the "Personal Pet Law," under Chapter 372.922, F.S. The law was necessary due to tragic attacks by lions, leopards, and other dangerous animals being kept as pets by private individuals. For example, an Orlando man was killed and partially eaten by his pet lion. The new law required the Commission to establish a list of dangerous and potentially dangerous wildlife that would be prohibited as pets, or highly restricted for personal use. The Commission again formed a committee of experts to address the listing of such animals. Called the "Personal Pet Council," it included members from the Long Island Ocelot Club, the Simian Society, a state health officer, and Commission representatives. The Council recommended Class I and Class II wildlife species and restrictions that were subsequently codified into Commission regulations. These regulations are among the most effective in the nation due to the input of industry representatives.

Again, not one person who was concerned with animal welfare was included.

From less than 1,000 licensed entities in 1967, the wildlife industry has grown into a multi-million dollar business with nearly 8,000 entities licensed to possess wildlife for exhibition, public sale, or personal use. Conditions at Florida attractions have improved tenfold over the last 30 years due to vigorous enforcement of specialized regulations under the Commission's "total program" approach.

In 1994, the Commission determined that a review and update of the captive wildlife regulations was in order. Executive Director, Dr. Allan L. Egbert, appointed a 10-member "Captive Wildlife Committee" and charged them with the task of reviewing all current regulations. The Committee included a diverse group of professionals, representing a wide array of expertise in the captive wildlife field and related professions. Three Commission representatives also served on the Committee. The review work began in February of 1994.

Only one person of the 10 represented was concerned with animal welfare.

The charge of the Committee was to perform a comprehensive review of regulations in Rule 68A-6, Florida Administrative Code. First, they were to compare the current requirements with the latest zoo husbandry practices to determine if the required cage sizes and accessories needed adjustment. This was a monumental task when one considers virtually every species/group of wildlife in the world had to be addressed in the regulations. The Committee also compared laws from other states and the Federal Government on captive wildlife. From these sources and their own in-house expertise, they developed the proposed changes. The Committee also brought in various subject "experts" to evaluate potential changes for certain species.

In 2005 due to the number of incidents involving dangerous exotic animals the Committee again reviewed and revised the regulations to ensure public health and safety and to safeguard exotic animals from exploitation and abuse. These revisions included the reclassification of all dangerous carnivores to Class I.

The revised regulations also had to maintain the highest possible humane and safety standards. The Committee sought to reduce restrictions where possible when it would not compromise the safety of wildlife or the public. The Committee was structured to obtain input from zoo officials, private wildlife keepers, and animal welfare groups through its representative membership.

The Committee completed the first draft in 1996. Two public workshops were held and over 4,000 people were provided with copies of the regulations. After receiving public comment and making appropriate changes, the regulations were passed in November of 1997. They became effective in February, 1998.

Big Cat Rescue, the world’s largest and most respected exotic cat sanctuary was not one of the 4000 who were asked for comment.

Summary of Captive Wildlife Requirements:

1. Required Permits and Licenses for Captive Wildlife

Summary:

To possess wildlife (Class I, II, or III) for exhibition and/or public sale, a license is required under Chapter 372.921, Florida Statutes. Potentially dangerous wildlife may be possessed for personal use (Class II) only under a special license as specified in Chapter 372.922, F.S. No cost permits are available to possess certain wildlife species for personal use (Class III, i.e., raccoons, opossums, skunks, and squirrel monkeys). Some common and innocuous species of wildlife have been exempted from permit requirements for personal use (i.e., parrots, parakeets, squirrels, non-venomous snakes, turtles, and rabbits), but possessors must still comply with caging and humane requirements. Venomous reptiles may only be possessed under license as per Chapter 372.86-91, F.S., (information on venomous reptiles is available upon request). Traveling zoos must comply with specific guidelines and those entities desiring to use elephants for rides must obtain special authorization. Persons operating game farms or hunting preserves must be licensed as per Chapter 372.16 F.S. and Chapter 372.661, F.S., respectively (information on these operations is available upon request). Where are circus regulations found?

In addition to the applicable statutes outlining general licensing and permitting procedures, persons desiring to possess and maintain wildlife must adhere to specific requirements addressed in Commission regulations. Below is a brief summary of the requirements for each captive wildlife statute and rule. Please read the summaries and then consult the referenced page(s) in the index for a complete review of the requirements.

Applicants and licensees will be held accountable for full compliance with the statutes and regulations. This includes maintaining wildlife in a sanitary, safe, humane manner, and protecting the public at all times. Wildlife escapes or injuries to the public as the result of mishandling are considered very serious violations. Failure to comply with requirements may result in legal action and/or revocation of authorization to possess wildlife. Such actions are necessary to protect wildlife and the public. Possession of captive wildlife in Florida is a privilege, not a right. Wildlife held in captivity is subject to inspection by Commission personnel without prior notification.

Section I-Wildlife Possessed for Exhibition, Public Sale, or for Personal Use:

(A) Applicable Statutes

1. Chapter 372.921, F.S., Exhibition and Sale of Wildlife

The purpose of this Statute is to ensure humane treatment and sanitary surroundings for wild animals kept in captivity for public display or sale. It charges the Commission with licensing those who desire to offer wildlife for sale, or exhibit them for a fee or otherwise. Applicants for permits must show the place, number, and type of wildlife they plan to possess. Caging facilities are subject to inspection prior to authorization and applicants must have the required experience. License fees range from $5 $150.00 for up to 10 animals and $25 250.00 for over 10 animals. Commercial operations are generally characterized by: (1) a regular media advertising campaign; (2) signs, billboards, or flyers advertising commercial wildlife services or operations; (3) regular "open for business" hours; and (4) written business is conducted on printed letterhead paper, indicating the name of the company. and (5) USDA license.

2. Chapter 372.922, F.S., Personal Possession of Wildlife

All individuals planning to possess wildlife for "personal use" (as opposed to commercial use) listed in Class II of Rule 68A-6.002 must submit a $100 $150.00 - $250.00 permit fee per annum and meet the experience and facility qualifications as outlined in 68A-6.0022 for animals in their possession at the time that this rule goes into effect. All such animals must be registered with the state within 60 days of the time that this rule goes into effect. No new animals, nor the offspring of existing animals will be permitted. After such date there will be no permits issued for the “personal use” of wildlife in the following families:

a. Nonhuman primates and prosimians,

b. Felidae (with the exception of domesticated and feral cats, which shall mean domesticated cats that were formerly owned and that have been abandoned and that are no longer socialized, as well as offspring of such cats), and hybrids thereof,

c. Canidae (with the exception of domesticated dogs), and hybrids thereof,

d. Vivveridae,

e. Ursidae,

f. All reptiles that are venomous by nature, pursuant to department regulation, and the following species and families: Boidae family, Asiatic (water) Monitor (V. Salvator), Nile Monitor (V. Nilocitus), White Throat Monitor (V. Albigularus), Black Throat Monitor (V. Albigularus Ionides) and Crocodile Monitor (V. Salvadori) and any hybrid thereof,

g. Crocodilia.

(B) Applicable Regulations

1. Rule 68A-6.0011, Possession of Wildlife in Captivity; Permit Requirements

The purpose of this Rule is to provide the basic foundation for the legal possession of wildlife. It specifies that no person shall possess native or nonnative wildlife except by license/permit, or as otherwise authorized by the Commission. Facilities operating solely as research facilities and licensed under the Federal Animal Welfare Act are exempt from the provisions of Commission wildlife rules. Also, Those entities ranching ratites (ostrich, emu, rhea, cassowary) for meat, hides, or skins are exempt.

2. Rule 68A-6.002, Categories of Captive Wildlife

For the purpose of public safety, wildlife has been divided into several categories or classes that help define the behavioral characteristics inherit in wild animals. Because husbandry and security issues vary according to the size and temperament of the species, applicants must meet certain qualifications specific to the class of wildlife desired. Each class also has specific requirements for caging construction and safety access. This Rule defines the different wildlife classes. Class I, II, and III wildlife species are defined. Class I wildlife are dangerous species and (i.e., lions, tigers, chimpanzees) that may not be kept as personal pets and may only be possessed for exhibition or other bona-fide uses under Chapter 372.921, F.S. Class II wildlife is potentially dangerous (i.e., cougars, wolves, macaques) and may only be possessed for exhibition or sale or in a wildlife sanctuary, defined as a place of refuge where the animals are not bred, sold, bought, traded nor taken out in public and by experienced private individuals who can qualify to possess them for personal use under Chapter 372.921 and Rule 68A-6.0022. Class III wildlife includes all wildlife not listed as I or II.

3. Rule 68A-6.0021, Possession or Transfer of Class I Wildlife as Personal Use Wildlife; Transfer of Wildlife

This Rule is designed to help ensure the welfare of wildlife and the public through the tracking of animal sales. It is unlawful for any person to buy, sell or transfer wildlife to or from an unpermitted entity within Florida. Sellers must record and maintain certain information on those who purchase wildlife. The information must be submitted to the Commission within 30 days of the transfer and made available for inspection by Commission employees upon request.

4. Rule 68A-6.0022, Possession of Wildlife in Captivity; Permits

The purpose of this Rule is to protect wildlife and the public by limiting authorization to keep animals to qualified individuals residing in areas where caging and enclosures are authorized. It specifies the required application procedures and applicant experience/facility requirements to possess wildlife. This includes ensuring that cages or enclosures are not in violation of county zoning laws. It also lists Class III wildlife that have been exempted from permitting requirements when kept for personal use.

5. Rule 68A-6.0023, General Regulations Governing Possession of Captive Wildlife

Wildlife kept in captivity must be housed in a safe and humane manner. This Rule specifies that no person shall keep captive wildlife in any unsafe or unsanitary condition, or in a manner which results in threats to the public safety, or the maltreatment or neglect of wildlife. Any condition which results in wildlife escaping or injuring persons is considered a violation. Standards for the cleaning of cages and enclosures, food and water quality, and maintenance requirements are outlined. The provisions also include procedures for public contact with wildlife, including safety and handling parameters for Class I wildlife in "full contact" and "incidental contact" situations.

6. Rule 68A-6.003, Structural Caging Requirements for Wildlife

Wildlife caging must be strong and secure to protect the public, the animals, and the environment. The purpose of this Rule is to enhance public safety and reduce wildlife escapes. The Rule specifies the type and strength of materials necessary for the construction of cages and enclosures for keeping Class I, II, and III wildlife safely. It includes requirements for security fencing and that cages holding Class I and II animals be equipped with a safety entrance to protect handlers and prevent escapes.

7. Rule 68A-6.004, Standard Caging Requirements

Humane treatment of wildlife requires cages and enclosures that meet the physical and psychological needs of the animals. This Rule establishes required enclosure dimensions for most wildlife species. Together with sizes, the Rule requires appropriate shelters, dens, nest boxes, exercise apparatus, and other necessary comfort and security needs to provide a safe, healthy, and humane environment for captive wildlife. "Environmental enhancements" are also required for most species. These are items that will stimulate the animals' natural foraging and activity behaviors to provide for their psychological well-being. For example, enhancements for big cats might include boxes, balls, or rawhide chewing items. The Rule provides for deviation from specific enclosure length/width measurements under certain circumstances. Also, since most captive wildlife need socialization with others of the same species, many standard cage sizes require sufficient space for two or more animals.

Current cage sizes do not meet the animal’s physical and psychological needs.

NOTE: IT IS ILLEGAL TO CONFINE WILDLIFE IN CAGES OR ENCLOSURES WHICH CONTAIN MORE INDIVIDUAL ANIMALS, OR ARE SMALLER IN DIMENSION THAN SPECIFIED, OR NOT EQUIPPED AS REQUIRED (EXCEPT AS DEFINED UNDER RULE 68A-6.0041, EXEMPTIONS TO STANDARD CAGING REQUIREMENTS). IN ADDITION, THOSE ENTITIES LICENSED OR PERMITTED TO POSSESS WILDLIFE PRIOR TO DECEMBER 31, 1997, ARE "GRANDFATHERED" AND ARE NOT REQUIRED TO MEET THE NEW CAGING SPECIFICATIONS UNTIL JANUARY 1, 2000. Outdated.

8. Rule 68A-6.0041, Exceptions to the Standard Caging Requirements

Wildlife held under certain conditions do not have to be placed in standard-sized cages. Examples include newborn and juvenile animals and wildlife held for sale at exotic wildlife auctions, exotic bird shows, and herptile exhibitions. The Rule stipulates animals held under such conditions must abide by strict sanitary and humane standards.

9. Rule 68A-6.0042, Elephant Rides

This rule is designed to provide a greater margin of safety for the public as well as protect elephants used for riding purposes. Exhibitors must qualify for special authorization by submitting documentation that the elephants to be used have good safety records, elephants will be strictly supervised by experienced handlers, and safety barriers will be erected at the ride site to protect the general public. Other restrictions also apply.

10. Rule 68A-6.005, Transportation Requirements for Wildlife; Caging Requirements for Performing and Non-Performing Animals

This Rule contains parameters for the humane and safe transportation of wildlife within the state. It includes requirements that performing animal traveling acts obtain prior authorization from the Commission to use small traveling cages. They must document and submit exhibition dates, locations of shows, and performing/exercise schedules. Performing animals must be exercised or perform at least once every 72 12 hours. Non-performing acts must have larger caging as specified by the Rule and the animals may not be confined in the caging for more than 45 days out of each 90-day period. cages that meet or exceed minimum standards for captive animals as defined herein.

Florida Statutes

372.265 Regulation of foreign animals.
1) It is unlawful to import for sale or use, or to release within this state, any species of the animal kingdom not indigenous to Florida without having obtained a permit to do so from the Fish and Wildlife Conservation Commission.
2) The Fish and Wildlife Conservation Commission is authorized to issue or deny such a permit upon the completion of studies of the species made by it to determine any detrimental effect the species might have on the ecology of the state.
3) Persons in violation of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s.775.082 or s. 775.083.
History.—s. 1, ch. 70-145; s. 308, ch. 71-136; s. 2, ch. 71-294; s. 2, ch. 80-129; s. 131, ch. 99-245.

I have never had to get a permit to bring an exotic animal into FL. Is this just referring to BCR’s facility permit?

372.86 Possessing, exhibiting poisonous or venomous reptile; license required.—

No person, firm, or corporation shall keep, possess, or exhibit any poisonous or venomous reptile without first having obtained a special permit or license therefore from the Fish and Wildlife Conservation Commission as herein provided.

History.—s. 1, ch. 28263, 1953; s. 165, ch. 99- 245.

372.87 License fee; renewal, revocation.
—The Fish and Wildlife Conservation Commission is hereby authorized and empowered to issue a license or permit for the keeping, possessing, or exhibiting of poisonous or venomous reptiles, upon payment of an annual fee of $5 for one animal and $250.00 for more than ten animals and upon assurance that all of the provisions of ss. 372.86-372.91 and such other reasonable rules and regulations as
said commission may prescribe will be fully complied with in all respects. Such permit may be revoked by the Fish and Wildlife Conservation Commission upon violation of any of the provisions of ss. 372.86-372.91 or upon violation of any of the rules and regulations prescribed by said commission relating to the keeping, possessing, and exhibiting of any poisonous and venomous reptiles. Such permits or licenses shall be for an annual period to be prescribed by the said commission and shall be renewable from
year to year upon the payment of said $5 fees and shall be subject to the same conditions, limitations, and restrictions as herein set forth.
History.—s. 2, ch. 28263, 1953; s. 166, ch. 99- 245.

372.88 Bond required, amount.—
No person, party, firm, or corporation shall exhibit to the public either with or without charge, or admission fee any poisonous or venomous reptile without having first posted a good and sufficient bond in writing in the penal sum of $1,000 payable to the Governor of the state, and the Governor's successors in office, conditioned that such exhibitor will indemnify and save harmless all persons from injury or damage from such poisonous or
venomous reptiles so exhibited and shall fully comply with all laws of the state and all rules and regulations of the Fish and Wildlife Conservation Commission governing the keeping, possessing, or exhibiting of poisonous or venomous reptiles; provided, however, that the aggregate liability of the surety for all such injuries or damages shall, in no event, exceed the penal sum of said bond. The surety for said bond must be a surety company authorized to do business under the laws of the state or in lieu of such a surety, cash in the sum of $1,000 may be posted with the said commission to ensure compliance with the conditions of said bond.
History.—s. 3, ch. 28263, 1953; s. 588, ch. 95- 148; s. 167, ch. 99-245.

372.89 Safe housing required.—
All persons, firms, or corporations licensed under this law to keep, possess, or exhibit poisonous or venomous reptiles shall provide safe, secure, and proper housing for said reptiles in cases, cages, pits, or enclosures. It shall be unlawful for any person, firm, or corporation, whether licensed hereunder or not, to keep, possess, or exhibit any poisonous or venomous reptiles in any manner not approved as safe, secure, and proper by the Fish and Wildlife Conservation Commission.
History.—s. 4, ch. 28263, 1953; s. 1, ch. 57- 415; s. 168, ch. 99-245

372.90 Transportation.—
Poisonous or venomous reptiles may be transported only in the following fashion: The reptile, or reptiles shall be placed in a stout closely woven cloth sack, tied or otherwise secured. This sack shall then be placed in a box. The box shall be of strong material in solid sheets, except for small air holes, which holes shall be screened. Boxes containing poisonous or venomous snakes or other reptiles shall be prominently labeled “Danger—Poisonous Snakes” or “Danger—Poisonous Reptiles.”
History.—s. 5, ch. 28263, 1953; s. 1, ch. 57- 415

372.901 Inspection.—
Poisonous or venomous reptiles, held in captivity, shall be subject to inspection by an inspecting officer from the Fish and Wildlife Conservation Commission. The inspecting officer shall determine whether the said reptiles are securely, properly, and safely
penned. In the event that the reptiles are not safely penned, the inspecting officer
shall report the situation in writing to the person or firm owning the said reptiles.
Failure of the owner or exhibitor to correct the situation within 30 days after such written notice shall be grounds for revocation of the license or permit of said owner or exhibitor.
History.—s. 2, ch. 57-415; s. 169, ch. 99-245.

372.91 Who may open cages, pits, or other containers housing poisonous or venomous reptiles.—
No person except the licensee or her or his authorized employee shall open any cage, pit, or other container which contains poisonous or venomous reptiles.
History.—s. 7, ch. 28263, 1953; s. 589, ch. 95- 148.

372.921 Exhibition of wildlife.—
(1) In order to provide humane treatment and sanitary surroundings for wild animals kept in captivity, no person, firm, corporation, or association shall have, or be in possession of, in captivity for the purpose of public display with or without charge or for public sale any wildlife, specifically birds, mammals, and reptiles, whether indigenous to Florida or not, without having first secured a permit from the Fish and Wildlife Conservation Commission authorizing such person, firm, or corporation to have in its possession in captivity the species and number of wildlife specified within such permit; however, this section does not apply to any wildlife not protected by law and the regulations of the Fish and Wildlife Conservation Commission.
(2) The fees to be paid for the issuance of permits required by subsection (1) shall be as follows:
(a) For not more than 10 individual specimens in the aggregate of all species, the sum of $5 $150.00 per annum.
(b) For over 10 individual specimens in the aggregate of all species, the sum of $25 $250.00 per annum. The fees prescribed by this section shall be submitted to the Fish and Wildlife Conservation Commission with the application for permit required by subsection (1) and shall be deposited in the State Game Fund. used for the enforcement of this section
(3) An applicant for a permit shall be required to include in her or his application a statement showing the place including street address, phone number and Internet address if applicable, number, and species of wildlife to be held in captivity by the applicant and shall be required to have filed on record, for public access and upon request by the Fish and Wildlife Conservation Commission to show when, where, and in what manner she or he came into possession of any wildlife acquired subsequent to the effective date of this act. The source of acquisition of such wildlife shall not be divulged by the commission except in connection with a violation of this section or a regulation of the commission in which information as to source of wildlife is required as evidence in the prosecution of such violation. be public record and accessible without charge via the Internet. This information shall be provided to the county, and city municipality where the wildlife is held.
(4) Permits issued pursuant to this section and places where wildlife is kept or held in captivity shall be subject to inspection by officers of the Fish and Wildlife Conservation Commission at all times. The commission shall have the power to release or confiscate any specimens of any wildlife, specifically birds, mammals, or reptiles, whether indigenous to the state or not, when it is found that conditions under which they are being confined are unsanitary, or unsafe to the public in any manner, or that the species of wildlife are being maltreated, mistreated, or neglected or kept in any manner contrary to the provisions of chapter 828, any such permit to the contrary notwithstanding. Before any such wildlife is confiscated or released under the authority of this section, the owner thereof shall have been advised in writing of the existence of such unsatisfactory conditions; the owner shall have been given 30 days in which to correct such conditions; the owner shall have failed to correct such conditions; the owner shall have had an opportunity for a proceeding pursuant to chapter 120; and the commission shall have ordered such confiscation or release after careful consideration of all evidence in the particular case in question. The final order of the commission shall constitute final agency action.
(5) In instances where wildlife is seized or taken into custody by the commission, said owner or possessor of such wildlife shall be responsible for payment of all expenses relative to the capture, transport, boarding, veterinary care, or other costs associated with or incurred due to seizure or custody of wildlife. Such expenses shall be paid by said owner or possessor upon any conviction or finding of guilt of a criminal or noncriminal violation, regardless of adjudication or plea entered, of any provision of chapter 828 or this chapter, or rule of the commission or if such violation is disposed of under s.
921.187. Failure to pay such expense may be grounds for revocation or denial of permits to such individual to possess wildlife.
(6) Any animal on exhibit of a type capable of contracting or transmitting rabies shall be immunized against rabies under the direct supervision of a veterinarian who is licensed in the state of Florida.
(7) The provisions of this section relative to licensing do not apply to any municipal, county, or state, or other publicly owned wildlife exhibit. The provisions of this section do not apply to any traveling zoo, circus, or exhibit licensed as provided by chapter 205.(nothing in Chapter 205 addresses zoos or traveling exhibits) Are animals owned by Non Profits considered “publicly owned”?

(8) This section shall not apply to the possession, control, care, and maintenance of ostriches, emus, and rheas, except those kept and maintained primarily for exhibition purposes in zoos, carnivals, circuses, and other establishments where such species are kept for display to the public.
(9) A violation of this section is punishable as provided by s. 372.83.
History.—s. 1, ch. 67-290; ss. 19, 35, ch. 69-
106; s. 16, ch. 78-95; s. 4, ch. 78-323; s. 84,
ch. 79-164; s. 27, ch. 83-85; s. 32, ch. 83-218;
s. 8, ch. 91-134; s. 2, ch. 93-223; s. 590, ch.
95-148; s. 5, ch. 98-333; s. 173, ch. 99-245.

372.922 Personal possession of wildlife.—
(1) It is unlawful for any person or persons to possess any wildlife as defined in this act, whether indigenous to Florida or not, until she or he has obtained a permit as provided by this section from the Fish and Wildlife Conservation Commission.
(2) The classifications of types of wildlife and fees to be paid for the issuance of
permits shall be as follows:
(a) Class I—Wildlife which, because of its nature, habits, or status, shall not be possessed as a personal pet.
(b) Class II—Wildlife considered to present a real or potential threat to human
safety, the sum of $100 $150.00 for up to 10 animals and $250.00 for more than 10 animals per annum.
(3) The commission shall promulgate regulations defining Class I and II types of wildlife. The commission shall also establish regulations and requirements necessary to ensure that permits are granted only to persons qualified to possess and care properly for wildlife and that permitted wildlife possessed as personal pets will be maintained in sanitary surroundings and appropriate neighborhoods.
4) In instances where wildlife is seized or taken into custody by the commission, said owner or possessor of such wildlife shall be responsible for payment of all expenses relative to the capture, transport, boarding, veterinary care, or other costs associated with or incurred due to seizure or custody of wildlife. Such expenses shall be paid by said owner or possessor upon any conviction or finding of guilt of a criminal or noncriminal violation, regardless of adjudication or plea entered, of any provision of chapter 828 or this chapter, or rule of the commission or if such violation is disposed of under s. 921.187. Failure to pay such expense may be grounds for revocation or denial of permits to such individual to possess wildlife.
5) Any person, firm, corporation, or association exhibiting or selling wildlife and being duly permitted as provided by s. 372.921 shall be exempt from the requirement to obtain a permit under the provisions of this section.
6) This section shall not apply to the possession, control, care, and maintenance of ostriches, emus, and rheas, except those kept and maintained primarily for exhibition purposes in zoos, carnivals, circuses, and other establishments where such species are kept for display to the public.
7) Persons in violation of this section shall be punishable as provided in s. 372.83.
History.—s. 1, ch. 74-309; s. 9, ch. 91-134; s.
3, ch. 93-223; s. 591, ch. 95-148; s. 6, ch. 98-
333; s. 174, ch. 99-245.

(Beginning of Commission Rules)

68A-6.0011 Possession of Wildlife in Captivity; Permit Requirement.

(1) Except as otherwise provided in this Title, no person shall possess any native or nonnative wildlife in captivity except as authorized by permit issued in accordance with ss. 372.921 or 372.922, F.S., and as provided in this chapter.

(2) The provisions of this chapter shall not apply to entities operating solely as research facilities, which are registered and regulated as such in accordance with Animal Welfare Act (7 U.S.C. 2131, et. seq.) and regulations promulgated thereunder that were in existence prior to (the date of this change). No new permits to possess Class I and Class II animals will be issued to individuals nor entities unless said entities are accredited by the American Zoo and Aquarium Association or The Association of Sanctuaries. As of (the date of this change) it shall be unlawful for any entity to breed, sell, buy, barter or trade for Class I animals unless directed to do so by the appropriate Species Survival Plan administered through AZA zoos. Violation will result in the revocation of said entities permits to possess exotic animals.

(3) The provisions of this chapter shall not apply to persons possessing the following non-native wildlife species exclusively for the purpose of production of meat, skins or hides, feathers or progeny thereof, and not for personal possession or public display or exhibition:

(a) Ostrich

(b) Cassowary

(d) Emu

(4) All wildlife shall be micro-chipped and registered with the state to insure compliance with the limitation on breeding and replacing animals. All facilities shall be required to have on hand a working device and handling procedures to enable the display of the microchip number to the Commission upon inspection.

(5) All applications and renewals must submit a copy their current liability insurance with a nationally recognized insurance company in an amount of no less than 1 million dollars coverage for damage or injury done by the Class I or Class II exotic animals listed in the application or renewal. A general home owner’s policy or business policy that does not address the wild animals in possession is not sufficient.

(6) Nothing contained in this section shall prevent any city, town or county from enacting more restrictive provisions governing the possession of wild animals.

Specific Authority: Art. IV, Sec. 9, Fla. Const.; 372.021, 372.921, 372.922, F.S. Law Implemented: Art. IV, Sec. 9, Fla. Const.; 372.921, 372.922, F.S. History: New -- 6-21-82; Amended -- 7-1-84; Previously numbered 39-6.011; Amended -- 6-1-86, 5-10-87, 4-13-88, 07-1-90, 4-20-93

68A-6.002 Categories of Captive Wildlife.

(1) The commission hereby establishes the following categories of wildlife:

(a) Class I:

1. All Nonhuman primates and prosimians,

2. Felidae (with the exception of domesticated and feral cats, which shall mean domesticated cats that were formerly owned and that have been abandoned and that are no longer socialized, as well as offspring of such cats), and hybrids thereof,

3. Canidae (with the exception of domesticated dogs), and hybrids thereof,

4. Vivveridae,

5. Ursidae,

6. All reptiles that are venomous by nature, pursuant to department regulation, and the following species and families: Boidae family, Asiatic (water) Monitor (V. Salvator), Nile Monitor (V. Nilocitus), White Throat Monitor (V. Albigularus), Black Throat Monitor (V. Albigularus Ionides) and Crocodile Monitor (V. Salvadori) and any hybrid thereof,

7. Crocodilia.

~~1. Chimpanzees (genus~~ ~~Pan~~)

~~2. Gorillas (genus~~ ~~Gorilla~~)

~~3. Gibbons (genus~~ ~~Hylobates~~)

~~4. Drills and mandrills (genus~~ ~~Mandrillus~~)

~~5. Orangutans (genus~~ ~~Pongo~~)

~~6. Baboons (genus~~ ~~Papaio~~)

~~7. Siamangs (genus~~ ~~Symphalangus~~)

~~8. Gelada baboons (genus~~ ~~Theropithecus~~)

~~9. Snow leopards (~~~~Panthera uncia~~)

~~10. Leopards (~~~~Panthera pardus~~)

~~11. Jaguars (~~~~Panthera onca~~)

~~12. Tigers (~~~~Panthera tigris~~)

~~13. Lions (~~~~Panthera leo~~)

~~14. Bears (family Ursidae)~~

158. Rhinoceros (family Rhinocerotidae)

169. Elephants (family Elephantidae)

1710. Hippopotamuses (family Hippopotamidae)

1811. Cape buffalos (Syncerus caffer caffer)

~~19. Crocodiles (except dwarf and Congo) (family Crocodilidae)~~

2012. Gavials (family Gavialidae)

~~21. Black caimans (~~~~Melanosuchus niger~~)

2213. Komodo dragons (Varanus komodoensis)

(b) Class II:

1. Howler monkeys (genus Alouatta)

2. Uakaris (genus Cacajao)

3. Mangabeys (genus Cercocebus)

4. Guenons (genus Ceropithecus)

5. Bearded sakis (genus Chiropotes)

6. Guereza monkeys (genus Colobus)

7. Celebes black apes (genus Colobus)

8. Idris (genus Indri