To see this document in Word with all of the revisions clearly marked, click HERE.

 

CAPTIVE WILDLIFE REGULATIONS

REGULATIONS GOVERNING THE IMPORTATION, 
TRANSPORTATION, SALE, AND POSSESSION OF WILD ANIMALS

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

(c) Rhea

(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)

9. Macaques (genus Macaca)

10. Langurs (genus Presbytis)

11. Douc langurs (genus Pygathrix)

12. Snub-nosed langurs (genus Phinopithecus)

13. Proboscis monkeys (genus Nasalis)

14. Servals (Leptailurus serval)

15. European and Canadian lynx (Lynx lynx)

16. Cougars, panthers (Puma concolor)

17. Bobcats (Lynx rufus)

18. Cheetahs (Acinonyx jabatus)

19. Caracals (Caracal caracal)

20. African golden cats (Profelis aurata)

21. Temminck's golden cats (Profelis temmincki)

22. Fishing cats (Prionailurus viverrina)

23. Ocelots (Leopardus pardalis)

24. Clouded leopards (Neofelis nebulosa)

25. Coyotes (Canis latrans)

26. Gray wolves (Canis lupus) (including wolf x domestic hybrids which are 25 percent or less domestic dog)

27. Red wolves (Canis niger) (including wolf x domestic hybrids which are 25 percent or less domestic dog)

28. Asiatic jackals (Canis aureus)

29. Black-backed jackals (Canis mesomelas)

30. Side-striped jackals (Canis adustus)

31. Indian dholes (Cuon alpinus)

32. African hunting dogs (Lycaon pictus)

33. Wolverines (Gulo gulo)

34. Honey badgers (Mellivora capensis)

35. American badgers (Taxides taxus)

36. Old World badgers (Meles meles)

37. Binturongs (Arctictis binturong)

38. Hyenas (all species) (family Hyaenidae)

39. Dwarf crocodiles (Osteolaemus tetraspis)

40. Alligators, caimans (except American alligator) (family Alligatoridae) 

41. 1. Ostrich (Struthio camelus)

42. 2. Cassowary (Casuarius spp.)

(c) Class III:

All other wildlife not listed herein, except those for which a permit is not required pursuant to rule 68A-6.0022, F.A.C.

(2) Except as provided in s. 68A-6.0021, Class I wildlife shall not be possessed for personal use.

(3) Persons possessing any captive wildlife for purposes of public display or sale shall obtain a permit as specified in s. 372.921, F.S.

(4) Persons possessing Class II wildlife as personal use wildlife shall purchase a permit as provided in s. 372.922, F.S.

(5) Persons possessing Class III wildlife as personal use wildlife shall obtain a no-cost permit from the Executive Director. American alligators shall not be possessed as personal use wildlife and shall be possessed only in accordance with permits issued under rule 68A-9.002, F.A.C., ss. 372.6673 or 372.921, Florida Statutes.  (There is no reason for there to be no cost permits when there are costs to the state in insuring compliance with the regulations.  Owning any wild animal should include the financial responsibility of insuring compliance with the rules.)

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. 372.921, 372.922, F.S., History -- New 8-1-79, Amended 12-3-79, 6-4-81, 6-21-82, Formerly 39-6.02, Amended 6-1-86, 7-1-90, 7-1-92, 9-15-96

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

(1) Any Class I wildlife possessed for personal use on August 1, 1980, (insert date of rule change) which is registered with the state within 60 days of (said date), shall be eligible for a permit in accordance with the provisions for Class II wildlife. No other Class I wildlife shall be kept for personal use. Said animals may not be replaced, bred, nor more of their same species aquired for any reason.

(2) It shall be unlawful for any person to buy, sell, or transfer any wildlife to or from an unpermitted entity within Florida. The recipient's name, physical address where the animals will be kept, phone number, Internet address, if any, and the permit or license number, if required, shall be entered in the transferor's records, filed with the state within 30 days and made available for inspection upon request of Commission employees for a period of one year after the transfer.  This shall be public record and accessible without charge, via the Internet.

(3) Persons possessing Class I wildlife for personal use shall comply with all provisions of this chapter relating to the personal use of wildlife.

Specific Authority: Art. IV, Sec. 9, Fla. Const., 372.021, 372.921, 372.922, F.S. Law Implemented: 372.16, 372.86, 372.921, 372.922, F.S. History: New -- 6-21-82, 6-1-86, 4-11-90

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

(1) Permits to possess wildlife in captivity, issued pursuant to ss. 372.921 or 372.922, F.S., and the provisions of this chapter, shall authorize the keeping of captive wildlife, of the type and number specified in applications approved by the Commission, in accordance with law and Commission rules. Captive wildlife maintained under permit shall, unless otherwise authorized, be maintained only at the facility specified in the permit application and approved by the Commission.

(2) No permit shall be required to possess the following wildlife for personal use, unless possession of a species is otherwise regulated by other rules of the Commission:

(a) Reptiles, amphibians (nonvenomous, unprotected)

(b) Gerbils, hedgehogs

(c) Honey possums, sugar gliders, brushtailed possums

(d) Shell parakeets

(e) Rats and mice

(f) Canaries

(g) Moles; shrews

(h) Rabbits

(i) Squirrels; chipmunks

(j) Ferrets (domestic; European)

(k) Lovebirds

(l) Guinea pigs

(m) Cockatiels

(n) Hamsters

(o) Parrots

(p) Finches

(q) Myna birds

(r) Toucans

(s) Doves; ringed, ruddy, and diamond

(t) Button quail

(u) Prairie dogs

(v) Chinchillas

(3) No permit shall be required for the sale of poultry, hamsters, guinea pigs, domestic rats and mice, gerbils, or chameleons (Anolis).

(4) No permit shall be issued to any person to possess Class III wildlife for personal use unless such person can provide documentation of the following:

(a) Be 16 18 years of age or older.

(b) Application for permits to possess Class III shall include the satisfactory completion of a questionnaire developed by the Commission that assesses the applicant's knowledge of general husbandry, nutritional, and behavioral characteristics. Applicants for permits to possess capuchin, spider, or woolly monkeys shall meet the experience and examination requirements for Class II primates and shall maintain such wildlife in cages or enclosures which meet the structural requirements as specified in Rule 68A-6.003(2)(e), F.A.C.

(c) Be able to provide satisfactory caging facilities as required in the standard caging requirements, Rule 68A-6.004, F.A.C., within 30 days of notification of tentative approval for a permit.

(d) Ensure that the conditions under which the wildlife will be held shall not constitute a threat to the public or to the animal.

(5) Qualification requirements for a permit to possess Class I or Class II wildlife:

(a) All applicants shall qualify for permits as follows:

1. Age Requirement: Applicants to possess Class I or Class II wildlife shall be at least 18 years of age.

2. Applicants shall not have been convicted of any violation of captive wildlife regulations, any offense involving the illegal commercialization of wildlife, or offenses involving cruelty to animals, within three (3) years of the date of application.  Applications and renewals of existing permits shall require that applicants and permittees sign an affidavit of financial responsibility for the animals in their care for the lifetime of the animal.  This responsibility can only be assigned by mutual contract with the purchaser or receiver of the animal.

3. Experience Requirement for Class I permits:

a. Applicants shall demonstrate no less than one (1) year of substantial practical experience (to consist of no less than 1000 hours) in the care, feeding, handling and husbandry of the species for which the permit is sought, or other species, within the same biological order (except ratites which shall be in the same biological sub-order), which are substantially similar in size, characteristics, care and nutritional requirements to the species for which the permit is sought.

b. For purposes of demonstrating compliance, applicants shall submit documentation of such experience, including:

I. A description of the specific experience acquired.

II. The dates the experience was obtained and the specific licensed location(s) where acquired.

III. References of no less than two (2) appropriately licensed individuals having personal knowledge of the applicant's stated experience and who attest to their direct supervision of the hours of experience by sworn affidavit under penalty of perjury.

Additional documentation may include records of prior permits for the keeping of captive wildlife, employment records, and any other competent documentation of the requisite experience.

c. Documented educational experience in zoology or other relevant biological sciences, obtained at the college or technical school level or above, may substitute for up to six months or 500 hours of the required experience.

4. Experience and examination requirements for Class II permits:

a. Applicants may qualify for a permit for Class II wildlife by documenting one year of experience (to consist of no less than 1000 hours) as defined in 68A-6.0022(5)(a)3.a.-c. above. If the applicant is unable to document such experience, as an alternative, the applicant may take a written examination. The successful completion of a written examination for the particular species or family, administered by the Division of Law Enforcement, together with the documentation of not less than 100 hours of substantial practical experience (with documentation and compliance procedures as noted in 68A-6.0022(5)(a)3. above) in the care, feeding, handling and husbandry of the species or family for which the permit is sought may be substituted for the one-year/1,000-hour requirement. Upon receipt of an application, the Commission shall notify the applicant of the time and place of the next examination. Applicant scoring at least 80 percent correct on the examination shall be deemed as meeting the examination requirement for the particular species or family. (no exam can substitute for experience)

b. The above requirements shall not apply to applicants for permits to possess ostriches, rheas, emus, cassowaries or coyotes when possessed for purposes other than public exhibition or personal use.

5. Facility Requirements:

a. Applicants for permits to possess wildlife in captivity shall specify the location of the facility at which captive wildlife shall be maintained, and such facility shall be inspected and approved by the Commission prior to issuance of the permit.

b. In order to assure public safety, Class I and Class II wildlife shall only be kept in appropriate neighborhoods and, accordingly, facilities that house such wildlife shall meet the requirements of this rule subsection. Compliance with these requirements is a necessary condition for licensure. For purposes of this subsection, a Afacility@ means the site at which Class I or Class II carnivores are kept or exhibited. Applicants shall submit documentation, signed by the appropriate governing municipality(s)  verifying that the animals, the construction of the facility, its cages and enclosures is not prohibited by county ordinance and, if within a municipality, municipal ordinance.

c. Notwithstanding any other requirements of this rule, facilities licensed prior to the effective date of this section may sell or transfer their interests, including their approved classification(s) of wildlife, (excluding licenses) to other qualified investor or owners for possession, and such facility may remain in the same location. New or prospective owners shall be required to qualified to receive the classifications of wildlife applied for and shall complete applications for apply for  licenses to receive same. The transfer shall not occur until a final on-site inspection is conducted by Commission personnel and the license(s) is/are approved and issued. Other than facilities meeting the requirements of Rule 68A-6.0022(5)(a)5.b.(I), F.A.C., Class I wildlife shall not be possessed in multi-unit dwellings or in any premises consisting of less than one-quarter  five contiguous acres of land area. Other than facilities meeting the requirements of Rule 68A-6.0022(5)(a)5.b.(II), F.A.C., Class II wildlife shall not be possessed in multi-unit dwellings unless the dwelling in which they

are housed is equipped with private entrance, exit, and yard area. on less than 2.5 acres of contiguous land that is owned by permittee.

(I) Additional facility requirements for Class I Carnivores (lions, tigers, leopards, snow leopards, jaguars, and bears):

(A) The facility shall not be constructed on less than five (5) contiguous acres of property owned or leased by the applicant. If leased, the lease shall be for a term of not less than one year from the date of application and such lease is subject to initial and annual review and approval by the Commission as a condition of granting said license.

(B) The facility shall have a "buffer zone" of not less than 35 feet between the caging and the facility property line.

(C) The cages of the facility shall be bounded by a fence of not less than eight (8) feet in height, constructed of not less than 112 gauge chain link, or equivalent, to prevent escape from the property of any wildlife that may escape the primary caging.

(II) Additional facility requirements for the following Class II carnivores: cougars; panthers, clouded leopards, and Class II Canidae:

(A) The facility shall not be constructed on less than two and one-half (22) contiguous acres of property owned or leased by the applicant. If leased, the lease shall be for a term of not less than one year from the date of application and such lease is subject to initial and annual review and approval by the Commission as a condition of granting said license.

(B) The facility shall contain a "buffer zone" of not less than 35 feet between the caged wildlife and the facility property line.

(C) The cages of the facility shall be bounded by a fence of not less than eight (8) feet in height, constructed of not less than 112 gauge chain link, or equivalent, or, as an alternative, a fence of not less than six (6) feet in height, with a 2-foot, 45 degree, inward angle overhang. The inward angle fencing and vertical fencing shall be constructed of ll 12 gauge chain link or equivalent. This fencing is to prevent escape from the property of any wildlife that may escape from primary caging.

(D) The above requirements shall be effective July 1, 2000, but shall not apply to those facilities licensed to possess captive wildlife species prior to that date. After July 1, 2000, those licensees that desire to expand their inventory to include a family of Class I or Class II species not previously authorized at their facility location shall comply with the requirements herein. Requests to upgrade wildlife classification authorization shall be considered new applications for license purposes.

(E) All new caging, fences and structures, or substantial modifications to existing cages, fences and structures shall be in accordance with these rules and shall not be exempted as in (D) above.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.921, 372.922 FS. HistoryBNew 7-1-90, Amended 7-1-90, 7-1-91, 2-1-98, Formerly 39-6.0022, Amended 4-30-00.

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

(1) No person shall maintain 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 such wildlife.

(2) Caging Requirements:

(a) All wildlife possessed in captivity shall, except when supervised and controlled in accordance with subsection (3) hereof, be maintained in cages or enclosures constructed and maintained in compliance with the provisions of Rules 68A-6.003 and 68A-6.004, F.A.C.

(b) Cages or enclosures housing captive wildlife shall be sufficiently strong to prevent escape and to protect the caged animal from injury, and shall be equipped with structural safety barriers to prevent any physical contact with the caged animal by the public, except for contacts as authorized under subsection (3) of this Rule. Structural barriers may be constructed from materials such as fencing, moats, landscaping, or close-mesh wire, provided that materials used are safe and effective in preventing public contact.

(c) All cages or enclosures less than 1,000 square feet shall be covered at the top to prevent escape (except paddocks, reptile enclosures and habitats specified below). Class I or Class II wildlife shall not be kept in uncovered enclosures that are less than 1,000 square feet, except as specified in Rule 68A-6.004, F.A.C. For the purpose of this section, the following definitions apply:

1. Paddocks: Areas enclosed by fencing, railing or other Commission-approved structures which allow animals to graze or browse.

2. Reptile enclosures: Areas encompassed by smooth walls or other Commission-approved materials which provide safe keeping of venomous and non-venomous snakes, Crocodilians and other reptiles.

3. Open air habitats or moated areas: Areas enclosed by Commission-approved fences, walls, or moats which provide safe keeping of species specified in Rule 6.004, F.A.C.

(d) Caging considered unsafe or otherwise not in compliance herewith shall be reconstructed or repaired within 30 days after notification of such condition. In the event such condition results in a threat to human safety or the safety of the wildlife maintained therein, the wildlife maintained therein shall, at the direction of the Commission, be immediately placed in an approved facility, at the expense of the permittee, owner, or possessor, until such time as the unsafe condition is remedied. In instances where wildlife is seized or taken into custody by the Commission, said permittee, owner, or possessor of such wildlife shall be responsible for payment of all expenses relative to the animal's capture, transport, boarding, veterinary care, or other costs associated with or incurred due to such seizures or custody. Such expenses shall be paid by said permittee, 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 372 or 828, F.S., or rules of the Commission, or if such violation is disposed of under s. 921.187, F.S. Failure to pay such expenses shall be grounds for revocation or denial of permits to such individuals to possess wildlife.

(3) Class I animals must be confined at all times. It shall be unlawful to transport a Class I animal on a leash, or in a vehicle unless it is being transported to a veterinarian’s office for a scheduled appointment and is confined to a species appropriate airline approved carrier.  Unconfined captive wildlife shall be maintained under rigid supervision and control, so as to prevent injuries to members of the public. No captive wildlife shall be tethered outdoors unsupervised. To provide for public safety, all wildlife shall be controlled in such a manner as to prevent physical contact with the public, except as follows: (a) Public contact exhibition.

1. General: Class I animals shall not be used for contact with the public.  All wildlife that will be used for contact with the public shall have been evaluated by the exhibitor to insure compatibility with the uses intended. All wildlife shall be exhibited in a manner that prevents injuries to the public and the wildlife. The exhibitor shall take reasonable sanitary precautions to minimize the possibility of disease or parasite transmission which could adversely affect the health or welfare of citizens or wildlife. When any conditions exists that results in a threat to human safety, or the welfare of the wildlife, the animal(s) shall, at the direction of a Commission officer, be immediately removed from public contact for an interval necessary to correct the unsafe or deficient condition.

2. Class I wildlife shall only be permitted to come into physical contact with the public in accordance with the following:

a. Full contact: For the purpose of this section, full contact is defined as situations in which an exhibitor or employee handler maintains proximate control and supervision, while temporarily surrendering physical possession or custody of the animal to another. Full contact with Class I wildlife is authorized only as follows:for the purpose of veterinary care under the supervision of the attending veterinarian.  Employees may have contact only for the purpose of providing health care to the animals as specified by the attending veterinarian in a contracted program of veterinary care.

i. Class I cats (Felidae only) that weigh not more than twenty-five (25) pounds;

ii. Chimpanzees, orangutans, and gorillas that are not less than six (6) months of age and weigh not more than twenty-five pounds;

iii. Gibbons and siamangs not less than four (4) months of age and not more than two (2) years of age:

iv. Elephants as approved in Rule 68A-6.0042, F.A.C.

b. Incidental contact: For the purpose of this section, incidental contact is defined as situations in which an exhibitor or employee handler maintains control, possession and supervision of the animal while permitting the public to come into contact with it. Incidental contact with Class I wildlife is authorized only as follows:

i. Class I carnivores that weigh not more than 40 pounds;

ii. Chimpanzees, orangutans, and gorillas that are not less than six (6) months of age and weigh not more than 40 pounds;

iii. Gibbons and siamangs that are not less than four (4) months of age: no maximum poundage or age limit.

iv. Elephants

3. Public contact or handling intervals for Class I wildlife shall be limited as to frequency, intensity, and duration so that such handling will not adversely effect the health, welfare, or safety of the animals, nor expose the public to injury.

(4) Any condition which results in wildlife escaping from its enclosure, cage, leash, or other constraint, or which results in injury to any person, shall be considered a violation of subsection 68A-6.0023(1) hereof.  All possessors of Class I Wildlife shall be required to carry no less than 1 million dollars liability insurance from a nationally recognized insurance company. 

(5) Sanitation and Nutritional Requirements:

(a) Sanitation, water disposal, and waste disposal shall be in accordance with all applicable local, state, and federal regulations.

(b) Water: Clean drinking water shall be provided daily. Any water containers used shall be clean. Reptiles and amphibians that do not drink water from containers and those in an inactive season or period shall be provided water in a manner and at such intervals as to ensure their health and welfare. All pools, tanks, water areas and water containers provided for swimming, wading or drinking shall be clean. Enclosures shall provide drainage for surface water and runoff.

(c) Food: Food shall be of a type and quantity that meets the nutritional requirements for the particular species, and shall be provided in an unspoiled and uncontaminated condition. Clean containers shall be used for feeding.  Roadkill is not considered unspoiled or uncontaminated and shall not be used to feed captive wild animals.

(d) Waste: Fecal and food waste shall be removed daily from inside, under, and around cages and stored or disposed of in a manner which prevents noxious odors or pests. Cages and enclosures shall be ventilated to prevent noxious odors.  Fecal and food waste must be disposed of in manners acceptable by the local municipalities.

(e) Cleaning and maintenance: Hard floors within cages or enclosures shall be cleaned a minimum of once weekly. Walls of cages and enclosures shall be spot cleaned daily. The surfaces of housing facilities, including perches, shelves and any furniture-type fixtures within the facility, shall be cleaned weekly, and shall be constructed in a manner and made of materials that permits thorough cleaning. Cages or enclosures with dirt floors shall be raked a minimum of once every three days and all waste material shall be removed. Any surface of cages or enclosures that may come into contact with animal(s) shall be free of excessive rust that prevents the required cleaning or that affects the structural strength. Any painted surface that may come into contact with wildlife shall be free of peeling or flaking paint.

(6) No person shall possess any wildlife requiring a permit for personal use, or any wildlife for sale or exhibition, without documentation of the source and supplier of such wildlife which shall be public record and accessible at no cost via the Internet.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. 372.021, 372.921, 372.922, FS., History New 7-1-90, 2-1-98

68A-6.003 Structural Caging Requirements for Class I, II and III Wildlife.

(1) In addition to the standard caging requirements set forth in Rule 68A-6.004,F.A.C., Class I and Class II animals shall be caged in accordance with the following requirements:

(a) A fence sufficient to deter entry by the public, which shall be a minimum of five eight (5) feet in height, shall be present around the premises wherein Class I or Class II animals are housed or exercised outdoors.

(b) All cages or enclosures of Class I and Class II animals except paddocks, approved open air habitats, or outdoor reptile enclosures shall be equipped with a safety entrance. A safety entrance is defined as a protected, secure area that can be entered by a keeper that prevents animal escape and safeguards the keeper, or a device that can be activated by a keeper that prevents animal escape and safeguards entry. Such entrances shall include: A double-door mechanism, interconnecting cages, a lock-down area, or other comparable devices, subject to Commission approval, that will prevent escape and safeguard the keeper. Safety entrances shall be constructed of materials that are of equivalent strength as that prescribed for cage construction for that particular species.

(c) All cages or enclosures constructed of chain link or other approved materials shall be well braced and securely anchored at ground level to prevent escape by digging or erosion. Cages shall be constructed using metal clamps, ties or braces of equivalent strength as the material required for cage construction for the particular species.

(2) Additional requirements for specific species shall be as follows:

(a) Group I -- Chimpanzees (over 50 pounds), gorillas, orangutans.

1. Outdoor facilities -- Cage construction materials shall consist of steel bars, two-inch galvanized pipe, masonry block or their strength equivalent.

2. Indoor facilities -- Potential escape routes shall be equipped with steel bars, two-inch galvanized pipe or equivalent in rooms where the wildlife is maintained.

(b) Group II -- Chimpanzees (up to 50 pounds), drills, mandrills, baboons, snow leopards, jaguars, tigers, lions, cougars, leopards, clouded leopards, bears.

1. Outdoor facilities -- Cage construction materials shall consist of not less than nine-gauge chain link or equivalent.

2. Indoor facilities -- Potential escape routes shall be equipped with wire or grating of not less than nine-gauge or equivalent.

(c) Group III -- Rhinoceros, elephants, hippopotamus, cape buffalos.

Indoor and outdoor facilities -- Construction materials shall consist of steel bars, masonry block or equivalent.

(d) Group IV -- Crocodiles, gavials, alligators, caimans, komodo dragons.

Outdoor facilities -- Bounded by a fence at least five eight feet in height of not less than 11 ½-gauge chain link or equivalent.

(e) Group V -- Gibbons, siamangs, patas monkeys, howler monkeys, uakaris, mangabeys, guenons, bearded sakis, guereza monkeys, celebes black apes, indris, macaques, langurs, proboscis monkeys, spider monkeys, woolly monkeys, and capuchin monkeys, leopards, cougars, clouded leopards, cheetahs, ocelots, servals, lynx, bobcats, caracals, African golden cats, Temminck's golden cats, fishing cats, wolves, coyotes, Asiatic jackals, Indian dholes, African hunting dogs, binturongs, and Old World badgers.

1. Outdoor facilities -- Construction material shall consist of not less than 11 ½-gauge chain link or equivalent.

2. Indoor facilities -- Potential escape routes shall be equipped with wire or grating not less than 11 ½-gauge or equivalent.

(f) Group VI -- Wolverines, honey badgers, American badgers, and hyenas.

1. Outdoor facilities -- Cage construction materials shall consist of not less than nine-gauge chain link or equivalent.

2. Indoor facilities -- Potential escape routes shall be equipped with wire or grating of not less than nine-gauge chain link or equivalent.

(g) Group VII -- Ostrich, cassowary.

Outdoor facilities -- Bounded by a fence of at least six feet in height of not less than 11 ½-gauge chain link or equivalent.

(h) Group VIII-Class III mammals (except spider, woolly, and capuchin monkeys) and Varanidae (except Komodo dragon)

1. Outdoor facilities--Cage construction materials shall consist of not less than 14-gauge wire or strength equivalent material.

2. Indoor facilities--Rooms may serve as enclosures provided that:

a. Construction materials equal or exceed the strength equivalent for outside caging.

b. Potential escape routes are secured, or the animal is supervised to ensure against escape.

c. The size of the room(s) equals or exceeds that required for cages and enclosures in Rule 68A-6.004, F.A.C.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec 9, Fla. Const., 372.921, 372.922, F.S., History New 8-1-79, Amended Amended 6-1-86, 7-1-90, 7-1-92, 2-1-98

68A-6.004 Standard Caging Requirements for Captive Wildlife.

(1) No captive wildlife shall be confined in any cage or other enclosure which contains more individual animals, or is smaller in dimension than as specified in this section, or is not equipped as specified in this section, except as defined in Rule 6.0041, F.A.C., or as authorized in accordance with the following:

(a) Requests for deviations from standard caging or enclosure requirements may be granted to allow for different size configuration (length, width and height) if the required square footage is present and if the locomotory needs of the animal(s) are not compromised. Wet or dry moats may be substituted for the required fencing for retaining some species of wildlife. Any proposed deviations from the standard caging or enclosure requirements, or proposals to use wet or dry moats to substitute for fencing, must be approved in writing by the Commission prior to the use of the cage or enclosure for housing animals.

(2) Definitions: Where specified in this section, wildlife cages and enclosures shall be equipped to provide for the protection and welfare of the animals. Such equipment includes, but is not limited to:

(a) Shelter, nest box or den: A structure that protects captive wildlife from the elements (weather conditions). Such structures may vary in size depending on the security and biological needs of the species. They are particularly described as follows:

1. Shelter: A structure which shall provide protection from the elements and from extremes in temperature that are detrimental to the health and welfare of the animal. When vegetation and landscaping is available to serve as protection from the elements, access to a shelter shall also be provided during inclement weather conditions. Such shelter shall be attached to or adjacent to the paddock, habitat, or enclosure.

2. Nest box or den: An enclosed shelter that provides a retreat area within, attached to, or adjacent to a cage or enclosure of specified size, which shall provide protection from the elements and from extremes in temperature that are detrimental to the health and welfare of the animal.

(b) Elevated platform or perching area: A surface or structure, either natural or manmade, positioned above the floor, or above the grade level of the cage or enclosure, that will provide a resting area for the animal(s).

(c) Original floor area: The total square footage required for the initial number of animals specified. For example, this is calculated by finding the new total area required for 4 squirrel monkeys when the original floor area equals 20' for 1 or 2 animals (4'x 5'x 5' high). For each additional animal, there is an increase in cage or enclosure size by 25 percent of original floor area. For two additional monkeys: 25% x 20'x 2 animals=10'; add 10'to 20'=30 total square feet of floor area required for 4 monkeys. New cages or enclosures can be 6'x 5'x 5' high, or any width/length dimension that equals or exceeds the increased cage or enclosure space.

(d) Gnawing and chewing items: Natural or artificial materials that provide for the health of teeth, so as to keep teeth sharp, wear down enamel and promote general oral hygiene. Gnawing items include, but are not limited to, logs and trees. Chewing items include, but are not limited to, woody stems, knuckle bones, and rawhide objects; suitability dependent upon species.

(3) Primates: Additional cage or enclosure requirements for primates: In addition to requirements of this section, each cage or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, boxes, balls, mirrors or foraging items.

(a) Prosimians:

1. Small (e.g., bush babies, loris, potto, angwantibo, tarsiers, and mouse, dwarf, forked, marked, and sportive lemurs)

a. For one or two animals, a cage 3 feet by 3 feet, 4 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have perching area(s) and nest box(es) that will accommodate all animals in the enclosures simultaneously.

Each cage shall also have climbing apparatus.

2. Medium (e.g., lemurs: ruffed, cata, true, gentle, avahi, aye-aye)

a. For one or two animals, a cage 4 feet by 5 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have perching area(s) and nest box(es) that will accommodate all animal(s) in the enclosure simultaneously. Each cage shall also have climbing apparatus.

3. Large (e.g., sifakas, indris)

a. For one or two animals, a cage 6 feet by 6 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have perching area(s) and nest box(es) that will accommodate all animals in the enclosure simultaneously. Each cage shall also include climbing apparatus.

(b) New World Monkeys

1. Tamarins and Marmosets.

a. For one or two animals, a cage 3 feet by 3 feet, 4 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have perching area(s) and nest box(es) that will accommodate all animals in the enclosure simultaneously. Each cage shall also include climbing apparatus.

2. Squirrels, titis, owls, talapoins and similar sized monkeys

a. For one or two animals, a cage 4 feet by 5 feet, 5 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have perching areas and nest box(es) that will accommodate all animals in the enclosure simultaneously. Each cage shall also have climbing apparatus.

3. Medium-sized New World monkeys (e.g., capuchins, sakis, uakaris)

a. For one or two animals, a cage 6 feet by 6 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area. b. Each cage shall have perching area(s) and shelter(s) that will accommodate all animals in the enclosure simultaneously. Each cage shall also have climbing apparatus.

4. Large arboreal monkeys (e.g., howlers, spiders, woolly)

a. For one or two animals, a cage 6 feet by 6 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have perching area(s) and shelter(s) that will accommodate all animals in the enclosure simultaneously. Each cage shall also have horizontal climbing apparatus.

(c) Old World Monkeys

1. Macaques, guenons, mangabeys, patas, languars, colobus, proboscis, simakobu, snub-nosed, and similar sized monkeys

a. For one or two animals, a cage 6 feet by 8 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have perching area(s) and shelter(s) that will accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus.

2. Baboons, mandrills and drills

a. For one or two animals, a cage 10 feet by 8 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have perching area(s) and shelter(s) that will accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus.

(d) Apes:

1. Gibbons and siamangs

a. For one or two animals, a cage 8 feet by 10 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have perching area(s) and shelter(s) that will accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus.

c. Wet or dry moats may be substituted for the required fencing provided prior Commission written approval has been obtained. For island exhibits, wet moats shall be used that are no less than 24 feet wide, with 50 percent of the water having a depth twice the height of the tallest animal.

2. Chimpanzees and orangutans

a. For one animal under 50 pounds, a cage 8 feet by 6 feet, 6 feet high. For each additional animal double the original floor area. For one or two animals over 50 pounds, a cage 20 feet by 12 feet, 8 feet high. For each additional animal, increase cage size by 50 percent of original floor area.

b. Each cage shall have perching area(s) and shelter(s) that shall accommodate all animals in the enclosure simultaneously.

Each cage shall have horizontal climbing apparatus.

c. Wet or dry moats may be substituted for the required fencing provided prior Commission written approval has been obtained. For island exhibits, wet moats shall be used that are no less than 24 feet wide, with 50 percent of the water having a depth twice the height of the tallest animal.

3. Gorillas

a. For one or two animals, a cage 28 feet by 24 feet, 10 feet high. For each additional animal, increase cage size by 50 percent of original floor area.

b. Each cage shall have a platform(s) large enough to accommodate all animals simultaneously; such platform(s) shall be elevated three feet. Each cage shall also have shelter(s) large enough to accommodate all animals in the enclosure simultaneously.

c. Wet or dry moats may be substituted for the required fencing provided prior Commission written approval has been obtained. For island exhibits, wet moats shall be used that are no less than 24 feet wide, with 50 percent of the water having a depth twice the height of the tallest animal.

(4) Carnivores and Certain Omnivores with Similar Requirements:

(a) Wild felines

In addition to requirements of this section, each cage or enclosure shall be equipped with a shelter(s)/nest box(es) large enough to accommodate all the animals in the enclosure simultaneously. Each enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, boxes, balls, bones, barrels, drums, rawhide, pools, etc.

1. African lions and Asian tigers

a. For one or two animals, a cage 24 48 feet by 10 20 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have an elevated platform(s) that shall accommodate all animal(s) simultaneously. Each cage shall have a claw log, unless the animal(s) front claws have been removed.

c. Outdoor cages over 1,000 square feet (uncovered) shall have vertical jump walls at least 10 feet high, with a 2-foot, 45 degree, inward angle overhang, or jump walls at least 12 feet high, without an overhang. The inward angle fencing shall be made of the same material as the vertical fencing. Wet or dry moats may be substituted for the required fencing provided prior Commission written approval has been obtained.

2. Jaguars, leopards, and cougars.

a. For one or two animals, a cage 20 40 feet by 10 20 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have an elevated platform(s) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have a claw log, unless the animal(s) front claws have been removed.

c. Outdoor cages over 1,000 square feet (uncovered) for cougars shall have vertical jump walls at least 10 feet high, with a 4-foot, 45 degree, inward angle overhang. Leopards and jaguars shall not be kept in uncovered enclosures except in facilities with wet or dry moats, which have been previously approved in writing by the Commission.

3. Lesser cats (e.g., bobcats, lynx, ocelots, caracal, serval, margay, fishing cats, jungle cats, Teminick's cats, golden cats)

a. For one or two animals, a cage 12 24 feet by 6 12 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have an elevated platform(s) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have a claw log, unless the animal(s) front claws have been removed.

4. Small cats (e.g., Geoffroy's cats, jaguarundis, leopard cats, wildcats (Felis silvestris), mountain cats, pampas cats, marbled cats, pallas' cats, sand cats, oncilla/tiger cats, black-footed, cats, flat-headed cats, kodkods, rusty-spotted cats)

a. For one or two animals, a cage 6 12 feet by 6 12 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have an elevated platform(s) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have a claw log, unless the animal(s) front claws have been removed.

5. Cheetahs

a. For one or two animals, a cage 40 feet by 20 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have an elevated platform(s) that shall accommodate all animals in the enclosure simultaneously.

(b) Bears

In addition to the requirements of this section, each cage or enclosure shall be equipped with a shelter(s) that shall accommodate all animals in the enclosure simultaneously. Each enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, boxes, balls, bones, barrels, drums, climbing apparatus, foraging items, etc.

1. Black bears, Asiatic, sloth, spectacled

a. For one animal, a cage 20 feet by 20 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor space.

b. Each cage shall have an elevated platform(s) for resting. Each cage shall have a 4 foot by 6 foot pool of water, 3 feet deep.

2. Sun bears

a. For one animal, a cage 20 feet by 10 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor space.

b. Each cage shall have an elevated platform(s) for resting. Each cage shall have a 3 foot by 4 foot pool of water, 2 feet deep.

3. Brown bears (e.g., European, grizzly, Kodiak) and polar bears

a. For one animal, a cage 24 feet by 32 feet, 10 feet high. For each additional animal, increase cage size by 25 percent of original floor space.

b. Each cage shall have an elevated platform(s) for resting. Each cage shall have a 6 foot by 10 foot pool of water, 4 feet deep, except for polar bears, which shall have a 10 foot by 10 foot pool, 5 feet deep.

(c) Raccoons, coati-mundis, olingos, kinkajous, ringtail (cacomistles)

In addition to the requirements for this section, each cage or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, boxes, balls, mirrors, climbing apparatus, foraging items, etc.

1. For up to two animals, a cage 6 feet by 8 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor space.

2. Each cage shall have perching area(s) and nest box(es) that will accommodate all animals in the enclosure simultaneously.

(d) Pandas (red)

In addition to the requirements for this section, each cage or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, climbing apparatus, foraging/browse items, pools of water, etc.

1. For one animal, a cage 10 feet by 10 feet, 8 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

2. Each cage shall have perching area(s) that will accommodate all animals in the enclosure simultaneously.

3. Shelter must be provided at all times to protect animals from excessive heat.

(e) Badgers, weasels and polecats, skunks, fishers, ferrets, otters, wolverines, minks, martins, civets, genets, mongoose, and binturong.

In addition to the requirements for this section, each cage or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, boxes, balls, PVC tubing, etc. Each cage shall have a shelter(s)/den(s)/nest box(es) that will accommodate all animals in the enclosure simultaneously.

1. Small (e.g., ferrets, weasels, polecats, skunks)

a. For one or two animals, a cage 5 feet by 4 feet, 3 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

b. Each cage shall be equipped with chewing items.

2. Arboreal (e.g., martins, fishers, genets, small or medium civets)

a. For one or two animals, a cage 6 feet by 4 feet, 6 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

b. Each cage shall be equipped with perching areas, climbing apparatus, and chewing items.

3. Medium (e.g., badger)

a. For one or two animals, a cage 6 feet by 6 feet, 4 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

b. Each cage shall have chewing items and an area of sufficient depth to provide for digging.

4. Large (e.g., wolverine, binturong, African civet)

a. For one or two animals, a cage 10 feet by 10 feet, 6 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

5. Aquatic (e.g., common river otters, sea otters, giant river otter). For sea otters, specifications will be as required by Federal regulations, incorporated herein by reference as found in Title 9 C.F.R., Chapter I Part 3, Subpart E.

a. For one or two animals, a cage 10 feet by 10 feet, 6 feet high. For each additional animal, increase the cage size by 25 percent of original floor space.

b. Each cage shall have a 8 foot by 4 foot pool of water, 2.5 feet deep. For each additional animal, increase pool size by 25 percent of original pool area. Dry resting areas shall be provided.

(f) Rodents

In addition to the requirements for this section, each cage or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, boxes, balls, PVC tubing, browse, etc. Each cage shall have shelters or nest box(es) that will accommodate all animals in the enclosure simultaneously.

1. Small aquatic rodents (e.g., Florida water rat, muskrat)

a. For one or two animals, a cage 4 feet by 6 feet, 4 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

b. Each cage shall have a pool of water, 2 feet by 2 feet, 1 foot deep.

c. Each cage shall have gnawing items.

2. Medium aquatic rodents (e.g., nutria, mountain beaver)

a. For one or two animals, a cage 8 feet by 6 feet, 4 feet high. For each additional animal, increase the cage size by 25 percent of original floor space.

b. Each cage shall have a pool of water, 3 feet by 2 feet, 2 feet deep.

c. Each cage shall have gnawing items.

3. Large aquatic rodents (e.g., capybara, beaver)

a. For one or two animals, a cage 10 feet by 10 feet, 6 feet high. For each additional animal, increase the cage size by 25 percent of original floor space.

b. Each cage shall have a 6 foot by 8 foot pool of water, 3 feet deep. For each additional animal, increase the pool size by 25 percent of original floor area.

c. Each cage shall have gnawing items.

4. Large rodents (e.g., porcupines, cavies, paca, pacarana, agoutis)

a. Cavies, paca, pacarana, agoutis and similar sized ground dwelling rodents

(I) For one or animals, a cage 6 feet by 4 feet, 3 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

(II) Each cage shall have gnawing items.

b. South and North American porcupines

(I) For one or two animals, a cage 8 feet by 6 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(II) Each cage shall have gnawing items, perching areas and climbing apparatus.

c. Old World porcupines (e.g., crested, bush tailed, and similar sized animals)

(I) For one to two animals, a cage 8 feet by 8 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(II) Each cage shall have gnawing items and browse. Each cage shall also have perching areas and climbing apparatus except for crested porcupines.

5. Squirrels and tree shrews

a. Arboreal squirrels/tree shrews

(I) For up to two animals, a cage 4 feet by 4 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(II) Each cage shall have climbing apparatus and gnawing items.

b. Terrestrial squirrels

(I) Small prairie dogs, chipmunks

(A) For up to two animals, a cage 3 feet by 3 feet, 2 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

(B) Each cage shall have gnawing items.

(II) Large (e.g., marmots, ground hogs)

(A) For up to two animals, a cage 4 feet by 4 feet, 4 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

(B) Cage floors shall have an area of sufficient depth that provides for digging. Each cage shall have gnawing items.

(g) Wild rabbits, hares, and picas

1. For up to two animals, a cage 6 feet by 4 feet, 3 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

2. Each cage shall have gnawing items.

(h) Wild Canids

In addition to the requirements of this section, each cage or enclosure shall be equipped with a shelter(s)/den(s) that shall accommodate all the animals in the enclosure simultaneously. Each enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to boxes, balls, bones, barrels, drums, rawhide, pools, etc.

1. Foxes, small (e.g., Fennec, kit)

a. For one or two animals, a cage 6 feet by 4 feet, 4 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have an elevated platform(s) that shall accommodate all animals in the enclosure simultaneously.

2. Foxes, (e.g., red, grey, Arctic, bat eared, bush dogs)

a. For one or two animals, a cage 8 feet by 6 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have an elevated platform(s) that shall accommodate all animals in the enclosure simultaneously.

3. Wolves (e.g., gray wolf, except red wolf), maned wolf, hyenas, African wild dogs, Cape hunting dogs

a. For one or two animals, a cage 20 feet by 10 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have an elevated platform(s) that shall accommodate all animals in the enclosure simultaneously.

c. Outdoor cages over 1,000 square feet (uncovered) shall have vertical jump walls at least 8 feet high, with a 45 degree inward angle overhang 2 feet wide or, jump walls 10 feet high without an overhang.

4. Coyotes, jackals, Asian wild dogs, red wolf, dingoes

a. For one or two animals, a cage 20 feet by 8 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have an elevated platform(s) that shall accommodate all animals in the enclosure simultaneously.

c. Outdoor cages over 1,000 square feet (uncovered) shall have vertical jump walls at least 8 feet high with a 45 degree, inward angle overhang 2 feet wide or, jump walls 10 feet high without an overhang.

(I) Marsupials

In addition to requirements of this section, each enclosure shall be equipped with a shelter(s) or nest box(es) that shall accommodate all the animals in the enclosure simultaneously. When vegetation or landscaping is available to serve as protection from the elements, access to a shelter shall also be provided during inclement weather conditions. Such shelter shall be attached to or adjacent to the paddock, habitat, or enclosure. Each paddock, habitat, or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, browsing and grazing material.

1. Kangaroo (e.g., red, grey)

For one or two animals, a paddock enclosing 625 square feet, 8 feet high. For each additional animal, increase the cage by 25 percent of original floor area.

2. Walleroos and large wallabies (e.g., rock wallabies, and similar sized species)

For one or two animals, a paddock enclosing 500 square feet, 8 feet high. For each additional animal, increase the cage by 25 percent of original floor area.

3. Hare wallabies, forest wallabies (e.g., dama, potorros, rat kangaroos, and similar sized species)

For one or two animals, a paddock enclosing 100 square feet, 6 feet high. For each additional animal, increase the cage by 25 percent of original floor area.

4. Tree kangaroos (arboreal)

a. For one or two animals, a cage or enclosure 10 feet by 8 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus.

5. Ringtail opossums, gliders, pygmy possums, brushtail possums, cuscus, bandicoots

a. Small (e.g., pygmy opossums)

(I) For one or two animals, a cage or enclosure 2 feet by 2 feet, 4 feet high, For each additional animal, increase cage size by 25 percent of original floor space.

(II) Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have a horizontal climbing apparatus.

b. Gliders (e.g., sugar glider, Family Petauridae)

(I) For one or two animals, a cage or enclosure 4 feet by 4 feet, 4 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(II) Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously.

Each cage shall have a horizontal climbing apparatus.

c. Ringtail possums (Family Pseudocheiridae)

(I) For one or two animals, a cage or enclosure 4 feet by 3 feet, 3 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(II) Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have a horizontal climbing apparatus.

d. Cuscuses and brushtail possums (Phalangeridae)

(I) For one or two animals, a cage or enclosure 4 feet by 4 feet, 4 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(II) Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have a horizontal climbing apparatus.

e. Bandicoots

For one or two animals, a cage or enclosure 4 feet by 3 feet, 3 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

6. Marsupial carnivores (Dasyuridae)

a. Small (e.g., 3 striped marsupial mouse)

For one or two animals, a covered cage or enclosure 1 foot by 2 feet, 1 foot high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Large (e.g., Tasmanian tiger cat, Tasmanian devil, marsupial cat)

For one or two animals, a cage or enclosure 4 feet by 6 feet, 4 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

7. American (New World) opossums/possums and honey possum

a. Small (e.g., mouse opossums, honey possum: Tarsipes rostratus)

(I) For one or two animals, a cage or enclosure 2 feet by 2 feet, 2 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(II) Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus.

b. Large (e.g., American, yapok, four-eyed, woolly, bushy-tailed, and similar sized animals)

(I) For one or two animals, a cage or enclosure 4 feet by 4 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

(II) Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus.

8. Wombats

For one or two animals, a cage, enclosure, or paddock 10 feet by 10 feet, 6 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

9. Koalas

Indoor facilities with natural light sources such as windows and skylights shall be provided. Temperature extremes shall be avoided. The ambient temperature shall not be lower than 55F nor exceed 85F.

a. For one or two animals, a cage, or enclosure, 8 feet by 10 feet, 8 feet high. For each additional animal, increase cage size by 25 percent of original floor area.

b. Each cage shall have perching area(s) and horizontal climbing apparatus.

c. Shade must be provided at all times and such animals must be protected from the heat.

(j) Hedgehogs, tenrecs, and solendons

1. For one or two animals, a cage 2 feet by 2 feet, 2 feet high. For each additional animal, increase the cage length by 50 percent.

2. Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously.

(k) Edentates (e.g., armadillos, pangolins, anteaters, sloth)

1. All armadillos except giant armadillo

a. For one or two animals, a cage or enclosure, 4 feet by 4 feet, 4 feet high. For each additional animal, increase the cage length by 25 percent.

b. Cage floors shall include an area of sufficient depth to provide for digging.

Each cage shall be provided with a den(s) that shall accommodate all animals in the enclosure simultaneously.

2. Giant armadillo

a. For one or two animals, a cage 10 feet by 12 feet, 6 feet high. For each additional animal, increase the cage length by 25 percent.

b. Cage floors shall include an area of sufficient depth to provide for digging.

Each cage shall be provided with a den(s) that shall accommodate all animals in the enclosure simultaneously.

3. Pangolin

a. For one or two animals, a cage 10 feet, by 10 feet, 8 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

b. Cage floors shall include an area of sufficient depth to provide for digging. Climbing apparatus shall be provided for arboreal species. A pool or tub of water shall be provided that shall accommodate the animal(s). Each cage shall be provided with a den(s) that shall accommodate all animals in the enclosure simultaneously.

4. Anteaters and aardvarks

a. Small anteaters

(I) For one or two animals, a cage 8 feet by 8 feet, 6 feet high. For each additional animal, increase the cage length by 25 percent.

(II) Cage floor shall include an area of sufficient depth to provide for digging. Climbing apparatus shall be provided for arboreal species. Each cage shall be provided with arboreal nest box(es) that shall accommodate all animals in the enclosure simultaneously.

b. Giant anteaters and aardvarks

(I) For one or two animals, a cage 10 feet by 12 feet, 6 feet high. For each additional animal, increase the cage size by 25 percent of original floor area.

(II) Cage floor shall include an area of sufficient depth to provide for digging. Climbing apparatus shall be provided for arboreal species. Each cage shall be provided with a den(s) that shall accommodate all animals in the enclosure simultaneously.

5. Sloth (e.g., two-toed and three-toed)

In addition to the requirements for this section, each cage or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, natural or artificial trees, tree limbs, etc. Each cage shall have a shelter(s) or den(s) or nest box(es).

a. For one or two animals, a cage 4 feet by 6 feet, 8 feet high. For each additional animal, increase the cage length by 25 percent.

b. Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have horizontal climbing apparatus large enough to accommodate all animals in the enclosure simultaneously.

(l) Bats

1. Bats with a wingspread from 2-6 feet

a. For up to 6 animals, an enclosure 21 feet by 21 feet, 6 feet high. Each enclosure shall be designed to encourage uninterrupted flight by incorporating a center structure to impede cross flights. The available flight area shall be no less than 1.5 times the wingspread of the largest bat in the enclosure. The center structure may incorporate nest boxes, feeding stations, trees, resting shelves, perches, columns, etc. For each additional animal, increase the enclosure size by 15 percent of the original floor area.

b. Each cage shall have perching areas and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have climbing apparatus.

2. Bats with a wingspread less than 2 feet

a. The enclosure shall be large enough to permit aerial maneuvering within the enclosure.

b. Each cage shall have perching areas and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have climbing apparatus.

(m) Odd-and even-toed animals

In addition to the enclosure requirements for this paragraph, each enclosure shall have a shelter(s).

1. Equids (e.g., zebras, asses) and large non-cusorial bovids (e.g., wild cattle, African buffalo, bison)

For one or two animals, a paddock enclosing 1,250 square feet, 6 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

2. Cervids (deer family) and cursorial bovids (antelope)

a. Large (e.g., elk, sambar, red deer, sable antelope, eland, wildebeest, and deer and antelope of similar size)

For one or two animals, a paddock enclosing 1,250 square feet, 8 feet high.

For each additional animal, increase paddock by 25 percent of the original footage.

b. Medium (e.g., white-tailed, fallow, axis, sika, pronghorn, deer and antelope of similar size)

For one or two animals, a paddock enclosing 800 square feet, 8 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

c. Small (e.g., roe, dikdik, muntjac, brocket, pudu, Chinese water deer, musk deer, deer and antelope of similar size)

For one or two animals, a paddock enclosing 450 square feet, 5 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

3. Camelids (e.g., vicuna and guanaco)

a. For one or two animals, a paddock enclosing 800 square feet, 6 feet high.

For each additional animal, increase paddock by 25 percent of the original footage.

b. Giraffes, okapi

For one or two animals, a paddock enclosing 1500 square feet, 8 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

4. Tapirs

a. For one or two animals, a paddock enclosing 500 square feet, 6 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

b. Each enclosure shall have a pool of water, 60 square feet, 3 feet deep, equipped with a ramp or steps. For each additional animal, increase pool surface area by 25 percent of original area.

5. Wild swine (Suidae) and peccaries

For one or two animals, a paddock enclosing 200 square feet, 4 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

6. Wild goats/sheep, (Caprinae) (e.g., musk ox, goral, serow, takin)

For one or two animals, a paddock enclosing 500 square feet, 8 feet high. For each additional animal, increase paddock by 25 percent of the original footage.

(n) Elephants

1. Non-performing

For one animal in a non-performing static facility, a paddock enclosing 1,500 square feet, 6 feet high, with access to a shelter. For each additional animal, increase paddock size by 50 percent of the original area. Elephants which are tethered within such enclosure shall be provided with daily unrestrained movement periods, unless daily tethering is necessary due to the following situations:

a. Elephant needs restraining due to a training period;

b. Elephant is aggressive toward people or other animals in the compound;

c. Elephant is undergoing medical treatment or research;

d. Elephant is restrained for security or breeding purposes;

e. Constant tethering shall not exceed 14 days without a written justification from a veterinarian.

Tethering shall permit normal postural movement of the elephant.

2. Performing

a. For one performing animal, a paddock enclosing not less than 700 square feet, 6 feet high, with access to a shelter. For each additional performing animal, increase paddock size by 50 percent of the original area. Elephants may be tethered in such enclosure, however, such restraint shall permit normal postural movements.

b. No facility shall utilize the performing elephant paddock dimensions prior to written approval by the Commission. To obtain such approval, the permittee shall provide written documentation to the Commission of exercise intervals and scheduled performances. The exercise intervals shall be of such frequency, intensity and duration as to provide for the health and welfare of the animal over an extended period. Such information shall be verifiable by Commission personnel through inspections.

c. When not kept in a paddock, performing, or being exercised, elephants shall either be (1) tethered, or (2) enclosed by an electric fence under the direct, on site, supervision of at least one qualified trainer/handler (see Rule 68A-6.0042(2)(3)(c)), F.A.C., in an area not accessible to the public.

(o) Rhinos

1. For one animal, a paddock enclosing 1,500 square feet, 5 feet high. For each additional animal, increase the paddock by 50 percent of original paddock area.

2. Access to a shelter shall be provided at all times.

(p) Hippopotamus (e.g., Nile and pygmy)

1. Nile

a. For one animal, a paddock enclosing 1,500 square feet, 5 feet high, with a pool of water, 120 square feet, 5 feet deep, equipped with a ramp or steps. For each additional animal, increase paddock and pool surface area by 50 percent of original area.

b. Access to a shelter shall be provided.

2. Pygmy

a. For up to two animals, a paddock enclosing 600 square feet, 4 feet high, with a pool of water 80 square feet, 3 feet deep, equipped with a ramp or steps. For each additional animal, increase paddock and pool surface area by 25 percent of original area.

b. Access to a shelter shall be provided.

(q) Reptiles and amphibians

1. Reptiles

a. Snakes and glass lizards

In addition to requirements of this section, each enclosure shall be provided with an environment or devices that allow for temperature regulation necessary to insure the well-being of the species. The environment or devices shall be noninjurious, and may include, but are not limited to hot rocks, artificial lights, natural sunlight and heat strips. Each enclosure shall be provided with a non-injurious substrate such as newspaper, processed wood shavings, rocks, sand or indoor-outdoor carpet. Such substrate shall be disposed of or sanitized at intervals sufficient to insure the health of the animal(s).

Enclosure sizes for all snakes and glass lizards shall be based upon the length of the longest specimen in the enclosure.

For up to two specimens, a cage or enclosure having a perimeter equal to the length of the longest specimen, the width of the cage shall not be less than 20 percent of the length of the longest specimen. The width of the enclosure shall not be required to exceed 3 feet. For each additional specimen, increase perimeter by 10 percent.

b. Lizards (other than glass lizards)

In addition to requirements of this section, each enclosure shall be provided with an environment or devices that allow for temperature regulation necessary to ensure the well-being of the species. The environment and devices shall be noninjurious, and may include, but are not limited to hot rocks, artificial lights, natural sunlight and heat strips. Each enclosure shall be provided with a non-injurious substrate, such as gravel, newspaper, processed wood shavings, rocks, sand, or indoor-outdoor carpet. Such substrate shall be disposed of or sanitized at intervals sufficient to insure the health of the animal(s).

(I) Lizards up to 6 inches in length

For one or two lizards, a cage 12 inches by 8 inches, 6 inches high. For each additional lizard, increase size by one inch in length and width.

(II) Lizards 7 to 12 inches in length

For one or two lizards, a cage 20 inches by 10 inches, 12 inches high. For each additional lizard, increase size by two inches in length and width.

(III) Lizards 13 to 24 inches in length

For one or two lizards, an enclosure 30 inches by 12 inches, 12 inches high. For each additional lizard, increase size by three inches in length and width.

(IV) Lizards 25 to 36 inches in length

For one or two lizards an enclosure 36 inches by 12 inches, 16 inches high. For each additional lizard, increase enclosure size by 10 inches or 25 percent in length and width.

(V) Lizards 37 inches to 6 feet in length

For one or two lizards, an enclosure 6 feet by 3 feet, 4 feet high. For each additional lizard, increase the enclosure by 25 percent of the original floor area.

(VI) Lizards over 6 feet in length

For one or two lizards, an enclosure 9 feet by 6 feet, 4.5 feet high. For each additional lizard, increase the enclosure by 25 percent of original floor area.

c. Turtles (other than tortoises and box turtles)

In addition to requirements of this section, each enclosure shall be provided with an environment or devices that allow for temperature regulation necessary to insure the well-being of the species. The environment and devices shall be noninjurious, and may include, but are not limited to artificial lights and natural sunlight. Each enclosure shall be provided with a non-injurious substrate, such as gravel, rocks or sand. Each enclosure shall have a pool of water that will allow submersion of the largest turtle. For soft-shelled turtles, a non-abrasive pool bottom is required.

Enclosure sizes for all turtles shall be based upon the size of the largest specimen in the enclosure.

For one or two turtles, a enclosure with an area at least five times the shell length, by two times the shell width of the largest turtle. The pool area shall equal no less than two times the shell width, by two times the shell length of the largest turtle. A dry resting area equal to the size of the shell of the largest turtle shall be provided. For each additional specimen, increase original floor and pool area by 10 percent.

d. Tortoises and box turtles

In addition to requirements of this section, each enclosure shall be provided with an environment or devices that allow for temperature regulation necessary to insure the well-being of the species. The environment and devices shall be noninjurious, and may include, but are not limited to artificial lights and natural sunlight. Each cage shall be provided with a non-injurious substrate, such as gravel, rocks, newspaper, sand or indoor-outdoor carpet. Such substrate shall be kept clean.

Enclosure sizes for all tortoises and box turtles shall be based upon the size of the largest specimen in the enclosures.

For one or two tortoises or box turtles, an enclosure with a floor area 10 times the shell size of the largest specimen in the enclosure. For additional specimens, the floor area available for movement shall be twice the floor area covered by the combined body mass of all animals in the enclosure.

e. Crocodilians

(I) For one animal, an enclosure of sufficient size to permit moving and turning both on a dry area and in a pool of water, the water being of sufficient depth to permit submersion.

(II) For additional animals, the combined area covered by all their bodies shall not exceed 50 percent of enclosure area.

f. Amphibians

Aquatic amphibians shall be kept in water filled tanks, or aquaria. Semi-aquatic amphibians shall be kept in enclosures, tanks, or aquaria, with a water area and a dry area that shall permit moving and turning. Both the dry area and the water area shall provide room to accommodate all animals in the enclosure simultaneously.

(r) Birds

Perching birds shall be provided with a perch of a diameter sufficient to prevent the meeting of the bird's claws, and of sufficient height to prevent floor contact. Perches and perching areas shall be sufficient to accommodate all birds in the enclosure simultaneously. Perches shall be constructed in a manner and of materials that provide for effective cleaning or replacement to insure the health of the birds. Enclosures shall be provided with shelter(s).

1. Psittacine and small Passerines

a. Large (e.g., large cockatoos, large macaws, including palm cockatoos, green-winged macaws and similar sized birds)

For one or two birds, a cage providing space sufficient to permit perching without the tail feathers touching the floor and provide for head clearance with normal posturing, with a minimum cage dimension to allow full extension of both wings. These measurements shall be based on the largest bird in the enclosure. For each additional bird, increase perimeter by 25 percent.

b. Medium (e.g., medium-sized parrots, lories and large conures including Amazons, Patagonian and similar sized birds)

For one or two birds, a cage 18 inches by 18 inches, 2 feet high. For each additional bird, increase perimeter by 25 percent.

c. Small (e.g., parrots, cockatiels, lories and parakeets)

For up to four birds, a cage 1 foot by 2 feet, 10 inches high. For each additional bird, increase perimeter by 25 percent.

d. Very-small (e.g., canaries, finches, and similar-sized birds (except hummingbirds)

For up to 2 birds, a cage 8 inches by 8 inches, 8 inches high. For each additional bird, increase perimeter by 25 percent.

e. Hummingbirds and sunbirds

For up to 5 birds, a cage 4 feet by 2 feet by 2 feet. For each additional bird, increase original floor area by 10 percent.

f. Small and medium passerine birds (e.g., jays, doves, pigeons, starlings and other similar-sized birds)

For up to two birds, a cage 3 feet by 2 feet, 3 feet high. For each additional bird, increase original floor area by 25 percent.

g. Large passerine, (e.g., ravens, crows, magpies, small hornbills and similar-sized birds)

For up to two birds, a cage 4 feet by 4 feet, 6 feet high. For each additional bird increase original floor area by 25 percent.

h. Ground hornbills, Indian great hornbills, crowned pigeons and similar sized birds

(I) For up to three birds, a cage having 144 square feet of floor area, 6 feet high, with a perch elevated 4 feet above the floor.

(II) For each additional bird, increase cage original floor area by 25 percent.

2. Waterfowl

a. Small to Medium (e.g., green-winged teal, mallard and similar sizes ducks, geese)

(I) For up to four birds, a cage with 75 square feet of land area and 7.5 square feet of water area.

(II) For each additional adult bird, increase enclosure and pool size by 25 percent.

b. Large (e.g., geese, swans, and similar size)

(I) For up to four birds, an enclosure with 150 square feet of land and 15 square feet of water area.

(II) For each additional adult bird, increase enclosure and pool size by 25 percent.

3. Eagles, hawks, owls, vultures, toucans and toucanets

a. For each bird, an enclosure 2 wingspreads by 3 wingspreads. The roof shall be of sufficient height to permit bird to perch erect on the highest perch.

b. For each additional bird, increase cage length by 50 percent and width by 25 percent.

c. Birds of prey used for falconry demonstrations shall be kept as specified in Rule 68A-9.005(4), F.A.C.

4. Large ground-dwelling (e.g., Congo peafowl, Javan peafowl, curassows, wild turkeys, brush turkeys (moundbuilders), large grouse, capricali, and sage hen) (exhibit only) a. For up to five birds, a cage having 144 square feet of floor, 6 feet high, with the perch elevated 4 feet above the floor.

b. For each additional bird, increase original floor area by 10 percent.

5. Lesser game birds (e.g., pheasants, wild guinea fowl, tragopans, snowcocks, partridge, grouse, chachlachas, guans (exhibit only)

a. For up to five birds, a cage having 100 square feet of floor, 6 feet high, with the perch elevated 30 inches.

b. For each additional bird, increase original floor area 10 percent.

6. Quail (e.g., bob-white quail, scaled quail, button quail, and other species exhibit only)

a. For a pair, a cage 2 feet by 2 feet, 1 foot high.

b. For each additional animal, increase original floor area by 10 percent.

7. Wading birds, (e.g., flamingos, ibises, spoonbills, herons, egrets, cranes, storks and their allies) and certain shore birds (plovers and sandpipers)

a. For up to five birds, a cage of 144 square feet, with a wading pool of water covering 14 square feet.

b. For each additional bird, increase original floor area by 25 percent.

8. Diving, skimming fish-eaters (e.g., pelicans, cormorants, anhinga, frigate birds, gannets, boobies, albatrosses, sheerwaters, petrels, sheepbills)

a. For up to two birds, a cage of 144 square feet, one half of which will be a pool of water, 18 inches deep.

b. For each additional bird, increase original floor area by 25 percent.

9. Penguins (e.g., Humboldts, Emperor, King, Jackass, etc.), puffins, murres, auks

a. Puffins, murres, auks

For up to two birds, a cage of 100 square feet, one half of which shall be a pool of water, three feet deep. For each additional animal, increase original floor area and pool size by 25 percent.

b. Penguins-large (e.g., Emperor, King, and southernmost species)

For up to two birds, a cage of 100 square feet, one half of which shall be a pool of water, three feet deep with flowing water, 55-degree Fahrenheit or less. For each additional animal, increase original floor area and pool size by 25 percent.

c. Penguins-small (e.g., Humboldts, blackfoot and northernmost species)

For up to two birds, a cage of 80 square feet, one half of which shall be a pool of water, two feet deep. For each additional bird, increase original floor area and pool size by 25 percent.

10. Ratites (e.g., ostrich, rhea, emu, cassowary)

a. For one or two birds, a paddock enclosing 500 square feet, four feet high (six feet for ostriches) with an attached shaded, protected area.

b. For each additional bird, increase original paddock area by 25 percent.

(5) Effective date: All cage and enclosure requirements in this rule shall not take effect until January 1, 2000, for those licensed or permitted prior to December 31, 1997.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. 372.921, 372.922, F.S. History -- New 6-21-82, Transferred from 39-9.03, Formerly 39-6.04, Amended 5-10-87, 4-13-88, 7-1-90, 9-1- 90, 4-14-92, 2-1-98

68A-6.0041 Exceptions to Standard Caging Requirements for Captive Wildlife.

Wildlife may be temporarily housed in cages or enclosures smaller than the sizes set forth in Rule 68A-6.004, F.A.C., only under the following circumstances:

(1) For transport and for performing and non-performing animals as specified in Rule 68A-6.005, F.A.C.

(2) Wildlife being held for sale by those persons properly licensed pursuant to ss. 372.921 or 372.16, F.S., or for veterinary care, or quarantine may be temporarily housed or caged in smaller cages or enclosures for a period not to exceed 60 days. With written notification to the Commission, this period may be extended in circumstances where a licensed veterinarian has certified that a longer holding period is medically necessary in the interests of the health, safety and welfare of the subject animals or the public. Medical records concerning all animals for which an extension of the 60-day period is obtained shall be maintained at the facility and shall be made available for inspection, upon request, by Commission personnel. The caging or enclosure of all wildlife temporarily held under this section shall not be smaller than that required for the caged animal to stand up, lie down, and turn around without touching the sides of the enclosure or another animal. All wildlife thus caged or housed shall be permanently marked or their enclosures shall be permanently marked, so as to be traceable to written records indicating the date the wildlife was placed in temporary holding. Such records shall be maintained and made available for inspection by Commission personnel. Commission personnel shall direct dealers to permanently mark wildlife temporarily if, upon inspection, there is no record indicating the date the wildlife was placed in temporary holding.

(3) The standard caging requirements, as defined in Rule 68A-6.004, F.A.C., except for the fencing requirements, shall not apply to facilities possessing ratites (ostriches, rheas, emus, and cassowaries) for propagation purposes only and not for public exhibition or as personal pets.

(4) Newborn and juvenile mammals may be temporarily kept in enclosures below the standard caging requirements and are exempted from the multi-unit/land requirements, Rule 68A-6.0022(5)(c), F.A.C., and structural strength requirements, Rule 68A-6.003, F.A.C., as follows:

(a) Newborn mammals may be kept in incubation and rearing facilities. Nursing young may be maintained with their parents with no increase in required cage size for the adult animal for up to twelve weeks, provided that documentation is available to show the age of the young. Such time may be extended with a veterinarian's statement, showing that such size cage is required for the continued health and welfare of the animals until a certain date.

(b) Juvenile mammals may be kept in enclosures that meet or exceed the size specification in subsection (2) of this section provided that:

1. Written documentation is available to verify the age of the animal.

2. The animal is marked or otherwise identifiable.

3. The animal shall be provided space for exercise on a daily basis.

4. Cages that meet the standard caging requirements shall be provided for Class I and Class II carnivores when they reach 25 pounds or six months of age, whichever comes first. Class III carnivores shall be provided cages that meet the standard caging requirements at six months of age. Class I, II, and III primates shall be provided cages that meet standard caging requirements at twelve (12) months of age.

(5) Hatchling/fledgling birds and newborn reptiles and amphibians may be held in enclosures that allow for normal postural movements and social adjustments that ensure the health and sanitary needs of the animals.

(6) Birds held temporarily for exhibit only and not for sale, may be kept in show cages or enclosures for a maximum of three (3) days, provided that, such birds have sufficient space for perching without touching the sides, top, or bottom of the cage and the health and sanitary needs of the birds are met. Water shall be available in the show cages at all times.

(7) Reptiles and amphibians held temporarily for herptile shows, expositions, and exhibits may be kept for a maximum of three (3) days in enclosures that allow for normal postural movements and social adjustments and that ensure the health and sanitary needs of the animals.

(8) Cages or enclosures for mobility impaired animals shall meet standard caging requirements, unless it can be demonstrated that such cage or enclosure, or its required accessories, are detrimental to the health or welfare of the animal. In such cases, written documentation by a veterinarian confirming the need for such exemption shall be maintained by the permittee and made available to Commission employees upon request.

(9) For animals held at exotic animal auctions, flea markets, and animal swap meets, said animals may be kept in enclosures that meet the size requirements of subsection (2) provided that such wildlife is maintained in accordance with subsection (9)(a)-(g) below. The owner of said wildlife shall be responsible for the welfare of such animals, unless such wildlife is consigned to an auctioneer or other sales representative, at which time the consignee shall be responsible.

(a) Wildlife shall be transported and held in non-injurious enclosures, under conditions that provide fresh air without injurious drafts, and shall be provided protection from the elements.

(b) Wildlife shall be protected from temperature extremes that could be detrimental to the health and welfare of the animals.

(c) Birds and mammals shall be watered at least twice during each twelve hour period.

(d) Fecal and food waste shall be removed from the wildlife's enclosures daily.

(e) Wildlife held in the same enclosures shall be kept in compatible groups.

(f) Wildlife cages/enclosures shall not be stacked over other cages/enclosures unless excreta is prevented from entering lower cages/enclosures.

(g) Sick or injured wildlife shall be afforded prompt veterinary treatment.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. 372.16, 372.921, 372.922, FS., History New 7-1-90, Amended 7-1-92, 2-1-98

68A-6.0042 Elephant Rides.

(1) No person, firm, or corporation shall use elephants for rides without first obtaining special authorization. Such authorization shall be affixed to the authorized entity's license issued under Section 372.921, F.S., as provided in this section.

(2) Qualifications for Elephant Ride Authorization

(a) Safety record: Applicants for elephant ride authorization shall include in their initial application or application renewal, information that will identify, by drawings and/or photographs, the animal(s) that will be used in the rides. The application, or application renewal, shall also include a certified statement on the complete safety record of the animal(s). No elephant that has caused a serious injury or death to a handler, trainer, member of the public, or other person within five years prior to application, shall be used for rides. Incidents that occurred prior to the five year period may be reviewed by the Commission for possible exclusion of the elephant for rides, in accordance with the following factors:

1. The circumstances surrounding the injuries caused by the elephant.

2. The seriousness or extent of injuries, or number of individuals affected.

3. The number of incidents in which the elephant was involved.

The Commission shall have final approval authority regarding the use of elephants authorized for rides following consideration of the above factors. In addition, if an elephant(s) is involved in a safety incident subsequent to the approval of the application, but prior to entering the State of Florida, or while performing in the state, Commission law enforcement personnel may direct the animal to be removed from all exhibition activities until the conclusion of the investigation or prosecution.

(b) Safeguards: Applicants shall provide documentation of safeguards to insure public safety. This documentation shall include:

1. An emergency plan for protecting the public that specifies what to do in case of elephant incidents; where tranquilizing equipment and/or firearms are kept; who is to use tranquilizing equipment, and when they shall be used to capture, control, or destroy escaped or out-of-control animals.

2. Such equipment, and an employee trained in the use of such equipment, shall be on the premises at all times that such wildlife is in a public contact situation.

(c) Experienced supervision: All elephant rides shall be supervised by a minimum of one qualified handler and one assistant. Applicants shall provide documentation that the handler has had not less than six months of experience in elephant handling. Such handler and assistant shall be in the immediate presence of the elephant at all times when the elephant is in a position to be in direct contact with the public. Applicants shall include the names of handlers and the experience documentation in their initial application, and in their renewal applications thereafter.

(d) Barriers: A protective physical barrier shall be present between the elephant and the public at all elephant ride sites. Such barrier shall prevent bystanders from touching the animal. Applicants shall include in their application package photos or drawings of barriers they intend to use and a description of materials used to construct such barriers.

Specific Authority Art.IV, Sec. 9, Fla. Const., Law Implemented Art. IV, Sec. 9, Fla. Const., History New 1-1-98.

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

(1) General requirements for transporting wildlife in vehicles. No vehicle shall be used in transporting any wildlife except as follows:

(a) Vehicles shall be equipped to provide fresh air without injurious drafts and adequate protection from the elements to all animals.

(b) The animal traveling area shall be free of engine exhaust fumes.

(c) Fecal and food wastes shall be removed from the animal quarters daily.

(d) Animal cages shall have openings for emergency removal of wildlife.

(e) Wildlife in transport shall be protected from extremes in temperature that could be detrimental to the health and welfare of the animal.

(f) Wildlife transported in the same cage area shall be in compatible groups.

(g) The animal's cage or enclosure shall be of sufficient strength and security to prevent escape. The cage or enclosure shall be large enough to ensure that each specimen has sufficient space to turn, stand erect, and lie naturally. Provided, however that certain species may be restricted in their movements according to professionally acceptable standards when such freedom of movement would constitute a danger to the animals, their handlers, or other persons.

Elephants shall be tethered during transport (except nursing young).

(h) Wildlife shall not be placed in enclosures over other specimens unless each enclosure is fitted with a floor which prevents excreta from entering lower enclosures.

(I) Wildlife shall be watered twice daily and fed daily.

(2) Mobile Exhibits -- Performing Animals

No mobile exhibit shall utilize the performing animal caging dimensions prior to approval by the Commission. To obtain such approval, the permittee shall provide written schedules to the Commission of wildlife exercise intervals and scheduled performances. The exercise intervals shall be of such frequency, intensity and duration as to provide for the health and welfare of the animal over an extended period, provided that the animals shall not be caged without exercise or performances for more than a 72 24-hour period. Performing and exercise information shall be verifiable by Commission personnel through inspections of signed log books.

Performing animals used in mobile exhibits shall not be confined in any cage or enclosure that is smaller in dimension; or is not equipped as follows:

(a) Class I and Class II Carnivores (i.e., lions, tigers, jaguars, leopards, pumas/cougars, snow leopards, clouded leopards, bears, hyenas, wolves)

For a single animal, a cage which shall permit the animal to turn or stand on all-fours with head clearance, and confined in such a manner so that no animal can injure another.be no less than 8 feet by 10 feet by six feet high.  For Class I animals, cages shall be constructed of steel, case hardened aluminum, alloy, or strength equivalent material. If bars are used, bars shall be spaced no more than 2 inches apart. For Class II animals, cage construction shall not be less than 11½ gauge chain link or strength equivalent material. Cages of Class I and Class II animals that the public can access, shall be equipped with a physical barrier, which is made of a material to prevent the public from coming in contact with the animals. All cages shall have secure locking devices.

(b) Primates, Class I and Class II

For a single animal, a cage which shall permit the animal to turn and stand erect with head clearance, confined in such a manner so that no animal can injure another. For Class I animals, cages shall be constructed of steel, case hardened aluminum, alloy or strength equivalent material. If bars are used, bars shall be spaced no more than 2 inches apart. For Class II animals, cage construction shall not be less than 11½ gauge chain link or strength equivalent material. Cages of Class I and Class II animals that the public can access, shall be equipped with a physical barrier, which is made of a material to prevent the public from coming in contact with the animals. All cages shall have secure locking devices.

(c) Elephants

When not performing or being exercised, elephants shall either be:

1. Securely tethered.

2. Enclosed by an electric fence, under the supervision of at least one qualified handler in accordance with Rule 68A-6.042(2)(c), F.A.C., and in an area not accessible to the public.

(d) Class III Animals

For a single animal, a cage which shall permit the animal to turn and stand on all fours, or stand erect, with head clearance, confined in such a manner so that no animal can injure another.

(e) Time limitation on smaller travel caging allowed for housing performing animals.

For performing wildlife possessed by traveling zoos and other traveling acts, wildlife shall be housed in cages or enclosures that meet or exceed the specifications as provided in Rule 68A-6.004, F.A.C., whenever such wildlife is housed in such travel cages or enclosures for more than 90 days. Performing wildlife shall not be kept in cages or enclosures below the size required by the standard caging requirements for more than a total of 90 days out of each 120 day period. Such mobile exhibits shall provide an itinerary of planned exhibition times and locations with annual renewal applications.  Such mobile exhibits must provide signed log books detailing the days and times that each animal was exercised outside of transport cages and dates confined to transport cages that do not meet the permanent cage size minimums as described in 68A-6.004.

(3) Mobile Exhibits -- Non-Performing Animals

Non-performing wildlife in mobile exhibits shall not be confined in any cage or enclosure that is smaller in dimension or is not equipped as follows:

(a) Class I and Class II Carnivores (i.e., lions, tigers, jaguars, leopards, pumas, bears, hyenas, wolves)

For a single animal, the cage length shall be double the body length (excluding tail), with a width that is equal to the body length, and a height that permits the animal to stand on all-fours with head clearance. For two or more animals kept together, add one-third more cage length for each additional animal. For Class I animals, cages shall be constructed of steel, case hardened aluminum, alloy or strength equivalent material. If bars are used, bars shall be spaced no more than 2 inches apart. For Class II animals, cage construction shall not be less than 11½ gauge chain link or strength equivalent material. Cages of Class I and Class II animals that the public can access, shall be equipped with a physical barrier, which is made of a material to prevent the public from coming in contact with the animals. All cages shall have secure locking devices.

(b) Primates

All cages shall be well ventilated and shall have secure locking devices. Each cage shall have an overhead pull bar and a seat. For two or more animals kept together, add one-third more cage length for each additional animal. For Class I animals, cages shall be constructed of steel, case hardened aluminum, alloy or strength equivalent material. If bars are used, bars shall be spaced no more than 2 inches apart. For Class II animals, cage construction shall not be less than 11½ gauge chain link or strength equivalent material. Cages of Class I and Class II animals that the public can access, shall be equipped with a physical barrier, which is made of a material to prevent the public from coming in contact with the animals.

1. Gorillas

For a single animal, a cage 8 feet by 8 feet, with a height at least 2 feet over the standing height of the animal.

2. Orangutan

For a single animal, a cage 7 feet by 7 feet, with a height at least two feet over standing height of the animal.

3. Adult chimpanzee

For a single animal, a cage 6½ feet by 6½ feet, with a height at least two feet over standing height of the animal.

4. Chimpanzees up to 50 pounds and macaques

For a single animal, a cage 5 feet by 5 feet, with a height at least two feet over standing height of the animal.

(c) Elephants

For one animal in a non-performing capacity, a paddock that is double the body length in length and equal to the body length in width. For two or more animals kept together, increase square footage by one third for each additional animal. Other than for exercise periods, elephants not kept in a paddock shall either be:

1. Securely tethered.

2. Enclosed by an electric fence under the direct, on-site supervision of a least one qualified handler in accordance with Rule 68A-6.0042(2)(c), F.A.C., and in an area not accessible to the public.

(d) Class III animals (except reptiles)

For a single animal, the cage length shall be double the body length (excluding tail), with a width that is equal to the body length, and a height that will permit the animal to stand on all fours, or stand erect, with head clearance. For two or more animals kept together, add one third more cage length for each additional animal.

(e) Time limitation on smaller travel caging allowed for housing non-performing animals.

For non-performing wildlife possessed by traveling zoos and other traveling acts, wildlife shall be housed in standard cage specifications as provided in Rule 68A-6.004, F.A.C., whenever such wildlife is present in such travel cages or enclosures for more than 45 days. Non-performing wildlife shall not be kept in cages or enclosures below the size required by the standard caging requirements for more than a total of 45 days out of each 90 day period. Such mobile exhibits shall provide an itinerary of planned exhibition times and locations with annual renewal applications.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.921, 372.922, FS., History New 6-21-82, Transferred from 39-9.03, Formerly 39-6.05, Amended 5-10-87, 1-1-98

68A-6.006 Dealing in Exotic or Pet Birds: Records.

(1) Any person engaging in the business of breeding or the purchase or sale of exotic birds or birds customarily kept as pets shall be licensed as provided in s. 372.921, F.S.

(2) Any person who sells or transfers any live non-native bird to another shall maintain documentation for a period of 24 months following such sale or transfer. Such documentation shall include:

(a) The name and complete address of the recipient.

(b) The date of sale or transfer.

(c) The number and species of birds sold.

(3) All records of sales or transfers shall be open to inspection by commission personnel and to authorized agents of state or federal public health agencies.

Specific Authority: Art. IV, Sec. 9, Fla. Const., 372.921, F.S. Law Implemented: 372.921, F.S. History: New -- 6-21-82; Previously numbered 39-6.06

68A-12.004 Possession or Sale of Birds or Mammals; Taxidermy Operations and Mounting Requirements.
(1) The possession for sale or the purchase or sale of birds, game mammals or the carcass or any part thereof whether produced in this state or transported from any other state or country is unlawful except as authorized herein.
(2) Game legally taken may be stored in public cold storage, refrigerators, ice houses or ice boxes when packaged or tagged and clearly marked with the owner=s name and license number (if license is required).
(3) Lawfully taken game may be prepared and served at any public eating place to persons who have killed such game and are in possession of a valid hunting license, if license is required.
(4) Game produced on a licensed game farm may be sold and transported in the state at any time for any lawful purpose as herein provided.
(5) Game not native to the state, except those designated in subsections (6), (7), (10) and (12) of this rule, when lawfully acquired may be sold or transported in the state and said game may be served in restaurants or any other public eating places.
(6) Quail or any other bird that might be mistaken for quail when dressed for the market may not be sold except as provided in Rule 68A-12.006, F.A.C.
(7) The sale of deer (venison) is prohibited except:
(a) Live deer may be sold by licensed game farms and transported alive for propagation purposes only.
(b) Deer (venison) from species of deer not native to the state may be sold. Non-native deer (venison) may be sold uncooked to the public provided:

1. Non-native deer (venison) may only be sold uncooked when packaged in a tamper-proof container with a label stating ANON-NATIVE VENISON (species identified) PRODUCED ON A LICENSED GAME FARM.@ The label shall identify the species of deer contained in the container.
2. No person shall possess any venison for commercial consumptive purposes without being in possession of documentation that the venison is from non-native species produced on a licensed game farm or hunting preserve or otherwise legally acquired.
(c) This section shall not supersede any rules of any state or Federal agency or any laws regarding quality control, inspections, transportation, sale or regulation of foodstuff and meat products.
(8) The foregoing shall not prohibit the sale or purchase of articles manufactured from the heads, horns, hides, teeth and feet of game mammals lawfully taken.
(9) When lawfully taken, the feathers or skins of non-protected or resident game birds or the skins of deer, squirrels, rabbits or wild hog may be sold.
(10) The transportation or possession of a carcass, skull or untanned skin of any cougar is prohibited unless the cougar was legally taken or acquired and the carcass, skull or untanned skin of that cougar has attached thereto a tag bearing the name and address of the possessor, and the date when and specific place where the cougar was taken or acquired. In addition the possessor of the carcass, skull or untanned skin shall have in his possession documentation that the cougar was legally taken, acquired or exported from the state or country of origin.
(11) Taxidermy operations and mounting requirements:

(a) Any person engaged in taxidermy shall tag all carcasses (whole specimens), untanned hides, and uncured animal parts of fish and wildlife, possessed or received with the name of the person taking or acquiring such fish or wildlife, the person=’s address, and date taken or acquired. As an alternative to individual tagging, persons engaged in taxidermy may choose to use a log book and numbering system. The log book shall contain the name of the person taking or acquiring such fish or wildlife, the person=’s address and the date taken or acquired. The carcass, untagged hide, or uncured animal part shall be assigned a number, which shall be affixed to the specimen so as to be readily identifiable and traceable to the log book information. The log book shall be kept on premises for inspection by Commission personnel.
(b) After fish or wildlife carcasses, hides, and parts have been cured or mounted, tagging or maintaining a log account is required only for the following:
1. All nongame migratory birds as listed in the Federal Migratory Bird Treaty Act and as adopted by Rule 68A-13.002, F.A.C.
2. All species listed by the Commission as Endangered or Threatened, and any Species of Special Concern for which there is no bag limit or open season established by the Commission or other state agency.
3. All furbearing animals or non-game mammals for which there is no established open season.
4. All alligators not tagged with CITES tags.
5. All fawn deer.
(c) Persons engaged in taxidermy shall not possess nor mount fish and wildlife carcasses listed in subparagraphs 68A-12.004(11)(b)1.-5., F.A.C., nor their parts (except for road-killed fox) without a permit from the Commission, except as provided herein. The procedure for obtaining permits for mounting shall be as follows:
1. Persons wishing to possess or mount such specimens or have such services performed, shall make application by letter to the Commission for such permit.
2. A dated copy of the letter of application shall be kept with the specimen, or the specimen shall be numbered and traceable to the letter of application kept in a log book.
3. The letter of application shall include a description of the specimen, an explanation of how the specimen was acquired, and the date of application.
4. The specimen shall not be maintained for over 90 days without a permit from the Commission.
5. Specimens for which permits are not issued for mounting shall be buried, incinerated, or otherwise disposed of as directed by Commission law enforcement personnel.
(d) The criteria for evaluation and issuance of permits for the mounting of protected species as listed in subparagraphs 68A-12.004(11)(b)1.-5., F.A.C., shall be as follows:
1. For nongame migratory birds B Permits are issued only for educational display purposes to schools, nonprofit educational institutions, museums, or facilities operated by a municipal, county, state, or other public entity.
2. For listed species referenced in Rules 68A-27.003, 68A-27.004 and 68A-27.005, F.A.C. - Permits are issued only in accordance with the requirements of subsections 68A-27.002, F.A.C.
3. For furbearing wildlife or nongame mammals B Permits are issued only when the specimen was legally acquired. No permit shall be required for road-killed fox.
4. For alligators - Permits for the mounting of untagged alligators are issued only for educational display purposes to schools or nonprofit educational institutions, museums, or facilities operated by a municipal, county, state, or other public entity.
5. For fawn deer - Permits for the mounting of fawn deer for possession by private individuals or businesses are issued only where the fawn was legally acquired or for educational display in schools, nonprofit educational institutions, museums, or facilities operated by a municipal, county, state, or other public entity.
(e) No permit shall be required for the mounting of carcasses, green hides, or uncured parts of:
1. Frozen or preserved specimens of game birds, game mammals, or furbearing animals that were legally taken during the open season.
2. Specimens of game birds, game mammals, fox squirrel, otter, bobcat or mink that were killed on roads or highways.

(12) The sale or purchase of any bear carcass or any part thereof is prohibited. The sale or purchase of any taxidermal specimen of a black bear is prohibited. The sale or purchase of a taxidermal specimen of any other species of bear is prohibited unless it was legally taken or acquired and has attached thereto a tag bearing the name and address of the possessor and the date when and the specific place where it was taken or acquired. In addition the possessor shall have in his possession documentation that the specimen was legally taken, acquired, or exported from the state or country of origin. The possession or transportation of any carcass or untanned skin of any bear is prohibited unless it was legally taken or acquired and has attached thereto a tag bearing the name and address of the possessor, the species, and the date when and specific place where it was taken or acquired. In addition the possessor of the carcass or untanned skin shall have in his possession documentation that it was legally taken, acquired or exported from the state or country of origin.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 8-1-79, Amended 6-4-81, 6-21-82, 7-5-84, Formerly 39-12.04, Amended 5-10-87, 6-8-87, 4-20-94, 8-7-97, Formerly 39-12.004.
 

68A-12.010 Regulations Governing the Operation of Private Hunting Preserves.
(1) The executive director may issue a license as provided by ' 372.661, F.S., for the establishment and operation of a private hunting preserve to allow the release and taking of captive-raised native and non-native game animals, as specified herein. Application for such license shall be made on Form GFC 333 (incorporated herein by reference, effective April 15, 1992 and available at the Commission=’s Tallahassee and regional offices). No hunting preserve license shall be issued until the premises of such preserve has been inspected by a representative of the Commission and the requirements of this section have been met.
(2) A hunting preserve shall consist of not more than 10,000 acres, why “not more than”?including water area, and be owned or leased by the applicant. For the hunting of game mammals, the land shall be located wholly within a legally fenced tract. The boundaries of all preserves shall be posted with signs bearing the words A Licensed Hunting Preserve@ which shall be placed at intervals of not more than 500 feet and easily visible from any point of ingress or egress. No hunting preserve shall be located within one mile of any wildlife management area, refuge or park established by state or federal law or regulation unless:
(a) The operation of such hunting preserve does not conflict with the management objectives of the affected wildlife management area, refuge or park;
(b) The owner or manager of the affected refuge or park shall be notified of the application and shall be given the opportunity to submit comments or recommendations;
(c) The proposed hunting preserve poses no significant adverse impacts to wildlife or public safety on the affected wildlife management area, refuge or park.
(3) In the event the property is under lease to the applicant, said lease shall be for a term of not less than one year from date of application and such lease is subject to review and approval by the Commission as a condition to the granting of said license.
(4) All laws, rules, or regulations pertaining to hunting or pertaining to game shall apply on all hunting preserves except as follows:
(a) The taking of carnivorous animals is prohibited on hunting preserves. Only game birds and game mammals of the following families: Cervidae (such as deer and elk), Suidae (hog), Bovidae (such as buffalo and antelope) shall be taken on hunting preserves.
(b) Game mammals shall not be taken on hunting preserves while boxed or caged and shall be taken only in accordance with the following conditions and methods:
1. Cervidae (deer family) shall be free-roaming on not less than 200 acres, with a minimum of 100 acres covered with woody vegetation. The hunting of Cervidae with dogs is prohibited, provided that a leashed dog shall be allowed for trailing. The preserve shall be completely enclosed with an eight-foot deer-proof fence.
2. Bovidae (such as buffalo and antelope) shall be free-roaming on not less than 300 acres, with a minimum of 200 acres covered with grassy vegetation. The hunting of Bovidae with dogs is prohibited, provided that a leashed dog shall be allowed for trailing. The preserve shall be completely enclosed with an eight-foot deer-proof fence.
3. Suidae (hog) shall be free-roaming on not less than 100 acres, with a minimum of 50 acres covered with woody vegetation. For hunting hogs with dogs the area shall be a minimum of 300 acres, with 200 acres covered with woody vegetation.
(5) Game mammals may be kept in small enclosures only for veterinary, breeding, transportation or other management purposes and shall not be hunted on the same day of release or transport into the minimum acreage required for taking the species.

(6) The hunting of game mammals that were produced, raised, or held at a zoological attraction, or that are tame game mammals is prohibited. For the purpose of this section, A tame game mammal@ shall be defined as one that does not exhibit the flight characteristics or normal for the species when found in the wild. When tame game mammals are maintained in hunting areas for breeding or other purposes, they shall be readily identifiable with a fluorescent collar or other marking device.
(7) Game mammals shall not be taken by non-owners or non-lessees within 50 yards of a supplemental feeding station.  Is there a loop hole here for time share interest?
(8) Commission rules prohibiting the taking of game birds over live decoys or bait shall not apply when properly identified captive-reared game birds are being taken.
(9) Motorized vehicles shall not be used to drive game mammals, nor shall game mammals be taken from moving motorized vehicles.
(10) There shall be no bag limit for captive-reared game taken on hunting preserves. Such game may be trapped on the premises of said preserve, provided that any wild game trapped in such operation shall be immediately released.
(11) Open season for taking native game birds shall be from October 1 to April 20. The open season for taking native game mammals shall coincide with the established open season for the species established in the zone wherein the hunting preserve is located. White tailed deer of either sex may be taken from September 1 until March 20. Non-native hoofed stock and non-native game birds may be taken year-round on licensed hunting preserves.
(12) Only mallards which are more than two generations removed from the wild may be released for shooting and only in accordance with the provisions of this paragraph. Such birds may not be handled so as to attract wild waterfowl. No person shall be permitted to shoot game farm ducks on any hunting preserve situated on a marsh, lake, river or any other place where there are concentrations of wild waterfowl or if the operation of the preserve attracts concentrations of wild waterfowl. Mallards may be released for shooting on hunting preserves, including preserves denoted as either private or commercial on GFC Form 333, only until June 30, 2008, and only in accordance with the following:

(a) Produce documentary evidence of having commercially released mallards for shooting during the period January 1, 1998 through December 31, 2000;
(b) Have been continuously licensed per '372.661, F.S., since July 1, 2001; and
(c) No more than 9,000 mallards shall be released by a permittee during the open season.
(13) Operators shall maintain documents to demonstrate that birds being released and hunted on the preserve are in healthy condition and were legally produced at a licensed game farm or preserve. All captive reared ducks and turkeys to be taken on preserves shall be banded to identify point of origin. No wild turkeys nor wild ducks shall be taken over baited-areas, nor during the closed season prescribed by the Commission for the region in which the preserve is located.
(14) Hunting preserves shall be equipped and operated in such manner as to provide sufficient food and humane treatment for the game kept thereupon. The premises, pens, and facilities of all hunting preserves shall be maintained in a sanitary condition. All game harvested shall be taken by humane method as specified by Commission rules for the species. Injured or wounded mammals shall be immediately euthanized, transported to a veterinarian for treatment, or treated by the owner provided such treatment is within the owner’s documented training. 
(15) Operators importing hoofed stock from out-of-state, or from foreign countries, shall maintain copies of all importation permits and health records as required by the Department of Agriculture and Consumer Services and the United States Department of Agriculture. Such records shall be made available for inspection upon request of any Commission employee.
(16) Prior to being transported from a preserve, all carcasses, parts, and meat of game taken on preserves shall be properly identified with a tag or label with the name of the licensee, the name of the preserve, and the date such game is being transported from the preserve. In the case of transporting a quantity of game birds, where individual marking is not practical, the container being used to transport such game shall be tagged or labeled as specified above.
(17) Except for those preserves licenses as provided in ' 372.661(2), F.S., a hunting license as provided by law shall be required of all persons taking game on any hunting preserve.
(18) There shall be a registration book on each hunting preserve in which the name, address, hunting license number (or nature of the exemption), and quantity of game taken by each person hunting on the preserve is recorded. All records and the physical facilities and installations of any hunting preserve shall be open to inspection upon request by personnel of the Commission.
(19) A complete annual report of all game mammals released and taken on said preserve up until June 30 of each year shall be furnished to the Commission by July 31 of each year.
(20) The minimum acreage provisions of subsections (4)(b)1.-3. and the yardage requirement in subsection (7), shall not apply to those operations licensed prior to July 1, 1996.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 8-1-79, Amended 6-4-81, 6-21-82, 7-1-83, Formerly 39-12.10, Amended 8-5-86, 4-11-90, 4-15-92, 10-20-96, 6-23-99, Formerly 39-12.010, Amended 5-29-01.

68A-5.004 General Regulations Relating to Licenses, Permits and Other Authorizations.
(1) Applications for any license, permit or other authorization issued by the Commission shall be denied based upon any of the following grounds:
(a) Submission by the applicant of materially false information in the application or other supporting documentation relating to the license, permit, or other authorization.
(b) Failure of the applicant to meet eligibility requirements or criteria for issuance of the license, permit or other authorization.
(2) Applications for any license, permit or other authorization issued by the Commission may be denied based upon any of the following grounds:
(a) A conviction of any criminal or noncriminal violation, regardless of adjudication or plea entered, by the applicant of any provision of Chapter 372, F.S., or rules of the Commission, or similar laws or rules in another jurisdiction, that relate to the subject matter of the application sought.
(b) Submission by the applicant of materially false information in any previously submitted application or supporting documentation relating to the application.
(c) Failure by the applicant to comply with the provisions of subsection (3) in any previously issued license, permit or other authorization. In determining whether denial is appropriate based on the grounds listed in subsection (2)(a)-(c), the Commission shall consider the factors enumerated in subsection (5) hereof.
(3) Those persons issued any license, permit or other authorization by the Commission shall:
(a) Maintain complete and correct written records as required by Commission license, permit, other authorization or regulations.
(b) Submit complete and correct reports as required by Commission license, permit, other authorization or regulations.
(c) Open records and facilities of operation under the license, permit, or other authorization, to inspection by an authorized representative of the Commission.
(d) Fully comply with the conditions set forth for operations under a license, permit or other authorization.
(e) Fully comply with Ch. 372, F.S., and rules of the Commission.
(4) Failure to comply with any of the provisions of subsection (3) may result in the suspension, revocation or non-renewal of any license, permit or other authorization. In addition, the Commission may suspend, revoke, or deny renewal of any license, permit or other authorization issued by the Commission if the licensee or permittee defaults on his appearance bond, is convicted or found guilty, regardless of adjudication, of a violation of Ch. 372, F.S., or the rules of the Commission, or if such violation is disposed of under s. 921.187, F.S., regardless of adjudication. A plea of nolo contendere shall be considered a conviction for purposes of disciplinary action imposed under Ch. 372, F.S., and the rules of the Commission.
(5) Except for the denial of an application pursuant to subsection (1), the following factors shall be considered by the Commission in determining whether to deny, suspend, revoke or deny renewal of any license, permit or other authorization:
(a) The severity of the conduct;
(b) The danger to the public created or occasioned by the conduct;
(c) The existence of prior violations of Ch. 372, F.S., or the rules of the Commission;
(d) The length of time a licensee or permittee has been licensed or permitted;
(e) The effect of denial, suspension, revocation or non-renewal upon the applicant, licensee, or permittee's existing livelihood;
(f) Attempts by the applicant, licensee or permittee to correct or prevent violations, or the refusal or failure of the applicant, licensee or permittee to take reasonable measures to correct or prevent violations;
(g) Related violations by an applicant, licensee or permittee in another jurisdiction;
(h) The deterrent effect of denial, suspension, revocation or non-renewal;
(i) Any other mitigating or aggravating factors.
(6) The provisions of this rule shall not be construed so as to prohibit, limit, or otherwise affect any civil action or criminal prosecution, so as to limit the ability of the Commission to enter into binding stipulations with affected parties in accordance with s. 120.57(3), F.S., or so as to affect the authority of a court to require forfeiture of any license, permit or other authorization issued pursuant to Ch. 372, F.S., as provided by law.
Specific Authority Art. IV, Sec. 9, Fla. Const., 372.021 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.84 FS. HistoryBNew 8-1-79, Amended 6-21-82, 7-1-84, 7-1-85, Formerly 39-5.04, Amended 4-19-90, 6-20-90, 4-20-93, Formerly 39-5.004.

68A-9.006 Wildlife Rehabilitation Permit.
(1)(a) No person shall possess any sick, injured, orphaned, or otherwise impaired wildlife for rehabilitation purposes without a permit from the executive director in accordance with this rule section and, if possessing migratory birds, a joint state-federal permit from the executive director, approved by the director of the United States Fish and Wildlife Service.
(2) Application requirements:
(a) An applicant shall make written application to the Commission by completing the Wildlife Rehabilitator Application Form (FWC Form 2000 WR, effective 11-6-94, and incorporated herein by reference and available at the Commission's Tallahassee and regional offices). An applicant must be 18 years of age, or older.
(b) An applicant shall include in the permit application the name, address and telephone number of a veterinarian, who will assist the applicant by providing consulting and referral services regarding rehabilitation and treatment.
(c) After December 31, 1994, any person not permitted as a wildlife rehabilitator in the State of Florida shall obtain a wildlife rehabilitator's permit to perform wildlife rehabilitation services and shall qualify for a permit by one of the following methods:
1. Experience requirement: Applicants shall have no less than one (1) year of experience (consisting of no less than 1000 hours) in the care of sick, injured, orphaned, or otherwise impaired wildlife. Applicants shall submit written documentation of such experience, including a description of the specific experience acquired, and the dates and location where acquired. In addition, the application shall submit references from no less than two individuals, one of whom shall be a permitted rehabilitator, who shall state, based upon personal knowledge, that the applicant possesses the stated experience. Additional documentation may consist of records of prior permits for rehabilitation issued by other states or the United States Fish and Wildlife Service, employment records of wildlife rehabilitative facilities, or other competent documentation of experience. To rehab a pigeon you must have a letter signed by another licensed rehabber stating that they have personal knowledge of your capability, but to get a permit for a tiger you do not have to have a letter from a licensed individual.
2. Written examination: If the applicant is unable to document the requisite experience, the applicant may substitute for said experience by successful completion of a written examination administered by the Division of Law Enforcement. Upon receipt of an application, the Commission will notify the applicant of the time and place of the next scheduled rehabilitation examination. Applicants scoring at least 80 percent on the examination shall be approved for a permit, subject to a satisfactory inspection of the
permittee's rehabilitation facility. No test should be able to suffice for experience.
(d) An applicant for a permit shall provide satisfactory caging and other facilities to humanely house and treat wildlife within thirty (30) days of notification of approval of the application, unless otherwise specified in the Commission facility inspection report issued pursuant to subsection (3).
(e) A rehabilitation permit shall not be required for care or treatment of exotic or non-native wildlife, provided that persons
possessing Class I or Class II exotic wildlife are licensed according to Rule 68A-6.002, F.A.C.
(f) In addition to the above requirements, applications shall be subject to general application requirements and standards of Rule 68A-5.004, F.A.C.
(3) The inspection requirements for wildlife rehabilitation facilities are as follows:
(a) Commission personnel shall inspect and approve an applicant's facility for keeping sick and injured wildlife and shall submit a written report to the inspections coordinator prior to the issuance of a rehabilitation permit. In the event an inspection report reveals that the facility is inadequate to properly care for wildlife, the applicant shall have 30 days from notification to correct these deficiencies. The applicant may then request a reinspection for approval of the facility after the 30-day period.
(b) Commission personnel may enter and inspect a permittee's rehabilitation facility to determine whether or not the permittee is in compliance with applicable laws and regulations. Complete, accurate written records shall be kept by the permittee and shall be made available for examination by Commission personnel.
(c) If an inspection of a rehabilitation facility reveals a violation of Commission regulations governing wildlife, the Commission shall require compliance as to pen specification and caging requirements in accordance with 68A-6, F.A.C. If such violations pose an immediate threat to the proper recovery or health of the wildlife, at the direction of the Commission, the wildlife shall be removed and relocated to an approved facility or released.
(4) Standards for Wildlife Rehabilitation.
(a) Care, disposition, dispersal, or release of wildlife, their carcasses, parts, products or progeny shall be as follows:
1. Wildlife shall be rehabilitated in such a manner as to be able and ready to survive release into the wild. Species of native wildlife that fully recover shall be released into the wild. The release of native wildlife shall occur at or near the point of capture, or onto habitat where such wildlife naturally occur, and which will biologically support the species.
2. Wildlife undergoing rehabilitation or medical treatment shall not be exhibited. Permittees may keep wildlife with permanent physical impairments for educational display under permit in accordance with Section 372.921, F.S., and Rule 68A-6, F.A.C.
3. When wildlife has been diagnosed as "psychologically impaired or imprinted" by an independent rehabilitator and a veterinarian it shall not be considered non-releasable unless such finding is approved by the Commission.
4. Permittees shall place non-releasable wildlife in a properly licensed exhibition, educational, or breeding facility.
5. Wildlife may be transferred or relocated to other licensed rehabilitation facilities at the discretion of the Commission to facilitate alternative treatments and optimum care.
6. When euthanasia of wildlife is necessary, euthanasia shall be humane.
(b) All permanently impaired wildlife kept by the permittee shall be maintained in enclosures that meet or exceed the minimum pen specifications of Rule 68A-6.004, F.A.C., except as otherwise authorized by the Commission. Permittees shall not transfer wildlife to unauthorized individuals without first obtaining prior approval from the Commission.
(c) Unless otherwise authorized by subsection (4) or the permit, Commission approval must be obtained prior to the disposition or dispersal of wildlife, their carcasses, parts, products or progeny thereof, possessed under the provision of this permit.
(d) Birds and other animals that die while in the custody of the permittee shall be completely destroyed or, subject to the approval of the Commission, be offered to a museum, university or other educational facility.
(e) All permittees shall keep a daily log on each animal entering the facility for treatment. The log shall include a record of the animal's treatment, condition, and disposition. Such records shall be subject to inspection by Commission personnel. Permittees shall submit reports of such records to the Commission upon request.
(f) Wildlife shall be cared for at the facility listed in the wildlife rehabilitator permit, except under the following circumstances:
1. The volume of wildlife needing care is beyond the capacity of the permittee's facilities; or
2. When continuous care of wildlife is required; or
3. Insufficient space is available for volunteers to work with the number of wildlife requiring treatment. Under these conditions, volunteer workers may care for specimens off-premise on a temporary basis. Each permittee is authorized to have up to ten (10) volunteers to aid in the off-premise rehabilitation of wildlife. A current listing of the name and address of off-premise volunteers shall be kept by the permittee. Upon submission of biannual permit renewal information to the Commission, permittees shall submit a listing of all off-premise volunteers who have assisted the facility during the permit period. Volunteers keeping migratory birds off-premise shall record their daily work time in a log book on a daily basis. Those volunteers who care for native mammals only are not required to record daily work time. All volunteers are responsible for maintaining a log of the animals cared for off-premise, to include a record of treatment, condition, and disposition. Volunteers shall possess a copy of the rehabilitation permit when temporarily possessing wildlife off-premise. The permittee shall be fully responsible for the volunteer's treatment and possession of the wildlife.
(g) All wildlife shall be kept in accordance with general requirements governing captive wildlife, pens and caging set forth in Rules 68A-6.004, 68A-6.0041 and 68A-6.0023, F.A.C.
(h) Wildlife shall be maintained in humane conditions and within compatible groups, provided with appropriate food, and kept in sanitary manner to provide optimum conditions for recovery. Cages or enclosures housing wildlife shall be constructed so as to prevent escape and protect the caged animal from injury. Such cages or enclosures shall be free of sharp edges, projections, or objects detrimental to the animal(s) safety, or, objects that impede the movement of the animal(s).
(i) Permittees shall not refuse to accept wildlife in need of care, except when:
1. the permittee does not have appropriate space or facilities; or
2. the permittee lacks experience or expertise with the species of wildlife so as to present a danger to the wildlife, the permittee or the public. However, the permittee shall provide referrals to the nearest rehabilitator where appropriate care may be provided.
(j) Permittees receiving any species classified as endangered shall notify the Tallahassee office of the Commission's Division of Law Enforcement within seventy-two (72) hours of the receipt of the wildlife.
(k) Permittees or their volunteers shall not require a fee associated with wildlife rehabilitation services, nor shall permittees or their volunteers require fees for rehabilitation services, including the pick-up, delivery, or acceptance, of sick, injured, orphaned or otherwise impaired wildlife. This limitation shall not apply to professional fees charged by a licensed veterinarian.
(l) Permittees or their volunteers shall not represent themselves as agents of the Commission. Permittees or their volunteers shall not enter upon the property of another for the purpose of taking possession of wildlife unless authorized by the owner, lessee, or custodian of the property.
(m) A permit is valid when issued and expires December 31, of the second calendar year after issuance, unless otherwise specified for migratory birds by the United States Fish and Wildlife Service.
(5) Under certain emergency conditions, such as oil spills, hurricanes, floods, and other natural or manmade disasters, the Commission may impose additional restrictions or provide for permit exemptions as may be necessary to safeguard affected wildlife such as, but not limited to, the coordination and direction of rehabilitation permittees and their facilities, the assignment of zones for implementing rehabilitative services, and the authorization of additional volunteers to aid in the capture and treatment of wildlife.
(6) The permit may be subject to revocation, suspension, or non-renewal in accordance with Rule 68A-5.004, F.A.C.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. HistoryBNew 11-6-94, Formerly 39-9.006.

For More Information

Carole Baskin, CEO of Big Cat Rescue

an Educational Sanctuary 

12802 Easy Street Tampa, FL  33625

813.920.4130 fax 885.4457 cell 493.4564

http://www.BigCatRescue.org MakeADifference@BigCatRescue.org

Contact the Division of Law Enforcement's Bureau of Support Services
620 South Meridian Street
Tallahassee, FL 32399-1600
(850) 488-6253