Florida Administrative Code
68 - FISH AND WILDLIFE CONSERVATION COMMISSION
68A - Freshwater Fish and Wildlife
Chapter 68A-6 - CAPTIVE WILDLIFE
Section 68A-6.004 - Possession of Class I, II, and III Wildlife: Permit Application Criteria
Universal Citation: FL Admin Code R 68A-6.004
Current through Reg. 50, No. 187; September 24, 2024
(1) Permits to possess wildlife in captivity, issued pursuant to Section 379.3761 or 379.3762, 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) Qualification requirements for a permit to possess Class I or Class II wildlife:
All applicants shall qualify for permits as follows:
(a) Age Requirement: Applicants to possess
Class I or Class II wildlife shall be at least 18 years of age.
(b) Applicants shall not have been convicted
of any violation of captive wildlife regulations or venomous reptile or reptile
of concern regulations involving unsafe housing of wildlife or that could
potentially endanger the public; any violation involving the illegal
commercialization of wildlife; any violation involving cruelty to animals; or
any violation involving importation of wildlife within three (3) years of the
date of application.
(c) Experience
Requirement for Class I permits:
1. Applicants
shall demonstrate no less than one (1) year of substantial practical experience
(to consist of no less than 1, 000 hours) in the care, feeding, handling and
husbandry of the species for which the permit is sought, or other species,
within the same biological family (except crocodilians which shall be in the
same biological order; ratites which shall be in the same biological sub-order;
and cougars, panthers or cheetahs which shall remain at the genus level), which
are substantially similar in size, characteristics, behavior, habits, care and
nutritional requirements to the species for which the permit is
sought.
2. For purposes of
demonstrating compliance, applicants shall submit documentation of such
experience, including:
a. A description of the
specific experience acquired.
b.
The dates and times the experience was obtained and the specific location(s)
where acquired.
c. References of no
less than two (2) individuals, no more than one of which may be a relative of
the applicant, having personal knowledge of the applicant's stated experience.
One of these references must be licensed by the commission for wildlife of the
same family and the same or higher class for which the applicant is seeking
authorization or a representative of a professional organization or
governmental institution. Examples of such organizations or institutions
include, but are not limited to, universities, public service agencies,
zoological associations, herpetological societies and veterinarians.
d. 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.
3. 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. Providing false information to document
the applicant's experience, by the applicant or any reference, is prohibited as
provided in Sections 837.012 and
837.06, F.S.
(d) Experience and examination requirements
for Class II permits:
1. 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 subparagraphs
68A-6.004(2)(c)
1.-4., F.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 500 hours of substantial practical experience
(with documentation and compliance procedures as noted in subparagraphs
68A-6.004(2)(c)
1.-4., F.A.C., 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.
2. 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.
3. The above requirements shall not apply to
applicants for permits to possess species of the family
Bovidae in accordance with Sections
379.3711 and
379.3712,
F.S.
(e) Any licensed
corporation applying for a permit or authorized to possess Class I or Class II
wildlife must have qualified personnel responsible for the care of such
wildlife. The corporation must provide documentation of experience for at least
one person. Such person shall comply with the requirements defined in
subparagraphs 68A-6.004(2)(c)
1.-4. and (d)1., F.A.C., above. Such documentation of experience shall be
submitted to the Florida Fish and Wildlife Conservation Commission, Division of
Law Enforcement, and subject to approval upon initial application and upon each
instance of change in qualified person.
(f) Any person authorized pursuant to Section
379.3761, F.S., to exhibit or
sell Class I wildlife shall obtain and maintain a current and valid USDA
license, where applicable, pursuant to the Animal Welfare Act and Animal
Welfare Regulations of Title 9 CFR (effective Janurary 2017, which is hereby
incorporated by reference at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11137).
Such USDA license shall be obtained within 180 days of initial licensing by the
Florida Fish and Wildlife Conservation Commission. Failure to obtain and
maintain a current and valid USDA license may result in denial or revocation of
any Class I authorizations issued by the Florida Fish and Wildlife Conservation
Commission.
(3) Class I or II wildlife permit application requirements: An applicant shall make application to the Commission by submitting the online application through http://www.GoOutdoorsFlorida.com. The applicant for a permit to possess Class I or II wildlife shall provide the following information:
(a) The applicant's
legal name, date of birth, and contact information to include personal phone
number, business phone number, and email address, if any.
(b) To be permitted as a business, in
addition to paragraph (a), the applicant shall provide the name of the business
and the business shall be currently registered through the Florida Department
of State, Division of Corporations.
(c) The complete mailing address to include
city, state, and zip code for the applicant/business.
(d) The complete facility address where the
wildlife is located to include city, state, and zip code.
(e) Whether the facility is owned or leased
by the applicant, unless otherwise exempt pursuant to subsection
68A-6.010(4),
F.A.C. A copy of the valid and current lease agreement shall be submitted with
the application in the event that the facility location is under lease to the
applicant.
(f) The county or
counties where the facility is located.
(g) The size (in acres) of the property on
which the facility is located, unless otherwise exempt pursuant to subsection
68A-6.010(4),
F.A.C.
(h) The current inventory of
Class I and II wildlife possessed, identified by species and quantity. If no
Class I or II wildlife is currently possessed, then the planned inventory shall
be provided, identified by species.
(i) The applicant's acknowledgement that the
information provided in the application is true, accurate, and
complete.
(4) Qualification requirements for a permit to possess Class III wildlife:
(a) Age Requirement: Applicants to possess
Class III wildlife shall be at least 16 years of age.
(b) Applicants for permits to possess
capuchin, spider, or woolly monkeys shall meet the age, experience and
examination requirements for authorization to possess Class II wildlife in
subsection 68A-6.004(2),
F.A.C.
(c) Applicants shall be able
to provide satisfactory caging facilities as required in the standard caging
requirements of this chapter, within 30 days of notification of tentative
approval for a permit.
(d)
Applicants shall ensure that the conditions under which the wildlife will be
held shall not constitute a threat to the public or to the
animal.
(5) Class III permit application requirements: An applicant shall make application to the Commission by submitting the online application through http://www.GoOutdoorsFlorida.com. The applicant for a permit to possess Class III wildlife shall provide the following information:
(a) The applicant's
legal name, date of birth, and contact information to include personal phone
number, business phone number, and email address, if any.
(b) To be permitted as a business, in
addition to paragraph (a), the applicant shall provide the name of the business
and the business shall be currently registered through the Florida Department
of State, Division of Corporations.
(c) The complete mailing address to include
city, state, and zip code for the applicant/business.
(d) The complete facility address where the
wildlife is located to include city, state, and zip code.
(e) The county or counties where the facility
is located.
(f) The current
inventory of Class III wildlife possessed, identified by species and quantity.
If no Class III wildlife is currently possessed, then the planned inventory
shall be provided, identified by species.
(g) The applicant's acknowledgement that the
information provided in the application is true, accurate, and
complete.
(h) Applicants for
permits to possess Class III wildlife as a hobbyist or for commercial use shall
provide their current or planned type of commercial activity.
(i) Applicants for permits to possess Class
III wildlife for personal use shall satisfactorily answer questions developed
by the Commission to demonstrate knowledge of general husbandry, nutritional
needs, and behavioral characteristics of the species requested.
(j) Applicants for permits to possess Class
III wildlife for personal use shall provide the planned inventory, identified
by species and quantity, and the name, address, and license number (if the sale
or transfer takes place in Florida) of the source of their
wildlife.
(6) Except as otherwise provided, applicants for permits to possess wildlife in captivity shall specify the location of the facility at which the wildlife shall be kept or possessed. Prior to the issuance of a permit for Class I, Class II, or Class III capuchin, spider or woolly monkeys, such facility shall be inspected and approved by Commission personnel prior to the issuance of the permit.
(7) Disaster and Critical Incident Plans: Applicants for permits to possess wildlife in captivity as authorized pursuant to Section 379.3761 or 379.303, F.S., or the provisions of this chapter shall document in writing a course of action to be taken in preparation for disasters or critical incidents. Provisions of this subsection shall apply to permittees maintaining captive wildlife in Florida. Such course of action shall be made available for inspection upon request of Commission personnel and the director of the local emergency management agency for the county where the facility is located. All employees and volunteers at the facility are to be familiarized with the emergency plan. Such course of action shall include the following information:
(a)
The name, business name (if applicable), physical address, and personal or
business phone number for an emergency contact who does not reside at the
facility location. Such individual may be responsible for assisting with
emergency response or may assist in providing contact information for the
permittee in the event of a critical incident or disaster. Such information
shall be submitted to the Commission at the time of initial or renewal
application.
(b) The name, business
name (if applicable), physical address, and personal or business phone number
for the veterinarian used to provide veterinary services for wildlife
maintained at the facility. Such information shall be submitted to the
Commission at the time of initial or renewal application.
(c) Emergency plan specifying the plan of
action to be taken in the event of an emergency (natural disaster, fire, etc.)
and critical incident. Plan shall specify pre-event, event, and post-event
actions, including action plan for securing wildlife on site, evacuation of
wildlife, location and contact information for temporary housing, length of
stay at temporary housing, and re-entry to facility.
(d) A list of chemical capture equipment
(including drugs, delivery systems, and supplies) and location where equipment
is stored, if applicable.
(e) The
name, physical address, and personal or business phone number for an emergency
contact authorized to utilize chemical capture equipment, if
applicable.
(f) A list of physical
capture equipment (i.e., nets, catch poles, gloves, hooks, tongs, etc.) and
location where equipment is stored.
(g) The name, physical address, and personal
or business phone number for an emergency contact authorized to utilize
physical capture equipment.
(h) A
list of equipment utilized to temporarily house and transport wildlife
(including transport cages and vehicles) and location where equipment is
stored.
(i) The name, physical
address, and personal or business phone number for an emergency contact
authorized to utilize temporary housing and transport equipment.
(j) A schematic or graphic depiction of the
facility, including the following:
1. Site
plan of the facility.
2. Location
of access point to facility if access is controlled by fences, gates,
etc.
3. Location of area(s) where
captive wildlife is kept.
4.
Location of supplies (i.e., food, medicines, capture equipment,
etc.).
5. Location of each
electricity and gas shutoff switch/valve.
(k) Emergency supply checklist, including
food, water, medical supplies, generator(s), ice, or other miscellaneous
supplies, if applicable.
(l)
Location of storage and/or contact information for obtaining
supplies.
(m) Current animal
inventory, identified by species and quantity, and any identifying methods
(microchip numbers, tattoos, marks, scars, etc.).
(n) For permittees where the facility is
located out of state, the provisions of this subsection shall apply when such
permittee is in travel status in Florida with Class I or Class II wildlife. In
this instance, information as specified in paragraphs (c)-(m) above must
accompany the Class I or Class II wildlife while in travel status in Florida
and shall describe the course of action to be taken in the event of a critical
incident or natural disaster in Florida.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304 FS.
New 8-1-79, Amended 6-22-80, 6-4-81, Formerly 39-9.03, Amended 6-21-82, Formerly 39-6.04, Amended 5-10-87, 4-13-88, 7-1-90, 9-1-90, 4-14-92, 2-1-98, Formerly 39-6.004, Amended 1-1-08, 8-27-09, 9-30-19, 8-23-22, 7-17-23.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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