Current through Reg. 50, No. 187; September 24, 2024
(1) Because the
possession of wildlife in accordance with Section
379.3761, F.S., is commercial in
nature any person permitted to possess wildlife per Section
379.3761, F.S., except hobbyist
possessors of Class III wildlife, shall demonstrate consistent and sustained
commercial activity in the form of exhibition or sale of such authorized
wildlife. For the purposes of this section a "hobbyist" is defined as one whose
primary purpose for possession of such Class III wildlife is personal enjoyment
but may occasionally exhibit or sell such wildlife. Consistent and sustained
commercial activity may be demonstrated by the following examples of business
procedures including, but not limited to:
(a)
A regular media advertising campaign, or Internet website;
(b) Signs, billboards or flyers advertising
commercial wildlife services or operations;
(c) Regular business hours during which the
premises is open for commercial activity;
(d) Written business is conducted on printed
letterhead, indicating the name of the company or business;
(e) Documented exhibition of wildlife to the
public, with or without a charge;
(f) Sale of wildlife including any lesser
acts thereof as defined in Rule
68A-1.004,
F.A.C.
(2) It is unlawful
to exhibit venomous reptiles to the public without having posted a performance
bond as listed below.
(a) A valid performance
bond payable to the Florida Fish and Wildlife Conservation Commission shall be
submitted at the time of initial license application and upon renewal. The
licensee shall notify the Florida Fish and Wildlife Conservation Commission in
writing within 5 calendar days if the performance bond expires, is cancelled or
revoked, or for any other reason becomes invalid. The notification in writing
may be delivered by fax at (850)414-8212, or by mail or hand delivery to
Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement,
620 South Meridian Street, Tallahassee, Florida 32399-1600. The terms of the
performance bond shall include the following:
1. The exhibitor shall indemnify and save
harmless the injured party if an injury occurs or other damage results from
exhibited reptiles.
2. The
exhibitor shall fully comply with all laws of the state and rules of the
commission governing the capturing, keeping, possessing or exhibiting of
venomous reptiles.
3. The
performance bond shall be for the duration of not less than the duration of the
licensing period.
(b) In
lieu of a surety bond, a person may submit a cash bond to the Florida Fish and
Wildlife Conservation Commission to satisfy the performance bond requirement.
Such payment shall be in the sum of $10, 000 and may be in the form of cash,
cashier's check, or certified check. In the instance of a check, such
instrument shall be made payable to the Florida Fish and Wildlife Conservation
Commission. Such cash bond shall be refunded to the exhibitor in instances of
non-issuance or denial of the initial license application; or the exhibitor has
submitted a request for refund to include a notarized statement that they no
longer exhibit venomous reptiles.
(c) The performance bond will be forfeited to
the Florida Fish and Wildlife Conservation Commission if:
1. An injury occurs or other damage results
from exhibited reptiles and the exhibitor fails to indemnify and save harmless
the injured party, or
2. The
exhibitor fails to fully comply with all laws of the state and rules of the
commission governing the capturing, keeping, possessing or exhibiting of
venomous reptiles.
(d)
The exhibition of venomous reptiles in the absence of a current and valid
performance bond, payable to the Florida Fish and Wildlife Conservation
Commission, in the sum of $10, 000 is prohibited.
(3) It is unlawful to possess Class I
wildlife without having guaranteed financial responsibility. The following
methods of payment will satisfy the financial responsibility requirement:
(a) A valid performance bond payable to the
Florida Fish and Wildlife Conservation Commission in the sum of $10, 000, in
compliance with and as noted in paragraph
68A-6.005(2)(a),
F.A.C., above. The terms of the performance bond shall include the following:
1. The possessor shall indemnify and save
harmless the injured party if an injury to the public occurs, including
accidental death, or other property damage occurs from the Class I
wildlife.
2. The possessor shall
indemnify and save harmless the Florida Fish and Wildlife Conservation
Commission 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 Class I wildlife.
3. The performance bond shall be for the
duration of not less than the duration of the licensing
period.
(b) Cash,
cashier's check, or certified check in the sum of $10, 000. In the instance of
a check such instrument shall be made payable to the Florida Fish and Wildlife
Conservation Commission. Such cash bond shall be refunded to the possessor of
Class I wildlife in instances of non-issuance or denial of the initial license
application; or the possessor has submitted a request for refund to include a
notarized statement that they no longer possess Class I wildlife.
(c) Irrevocable letter of credit issued by a
bank, savings and loan, credit union or other similar state or federally
chartered financial institution, payable to the Florida Fish and Wildlife
Conservation Commission in the sum of $10, 000.
(d) In lieu of the $10, 000 financial
responsibility guarantee any person possessing Class I wildlife may maintain
comprehensive general liability insurance with minimum limits of $2 million per
occurrence and $2 million annual aggregate as shall protect the possessor of
Class I wildlife from claims for damage for personal injury, including
accidental death, as well as claims for property damage which may arise. The
insurance policy shall be for a duration of not less than the duration of the
licensing period. A current Certificate of Insurance evidencing proof of
insurance maintained by the possessor of Class I wildlife in such amounts as
required by this section, including terms, coverage and expiration date, shall
be submitted at the time of initial application and upon renewal. The licensee
shall notify the Florida Fish and Wildlife Conservation Commission in writing
within 5 calendar days if the insurance policy expires, is cancelled or
revoked, or for any other reason becomes invalid. The notification in writing
may be delivered by fax at (850)414-8212, or by mail or hand delivery to
Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement,
620 South Meridian Street, Tallahassee, Florida 32399-1600.
(e) The performance bond or financial
responsibility guarantee in the sum of $10, 000, or any portion thereof, will
be forfeited to the Florida Fish and Wildlife Conservation Commission if:
1. An injury to the public, including
accidental death, or other property damage results from Class I wildlife and
the possessor of such Class I wildlife fails to indemnify and save harmless the
injured party, or
2. Class I
wildlife is taken into custody or seized by commission personnel. In instances
where Class I wildlife is seized or taken into custody by the Commission the
permittee 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 the wildlife.
(f) The possession of Class I wildlife in the
absence of a current and valid performance bond, payable to the Florida Fish
and Wildlife Conservation Commission, in the sum of $10, 000, or a financial
responsibility guarantee in the sum of $10, 000, or a current and valid
comprehensive general liability insurance with minimum limits of $2 million per
occurrence and $2 million annual aggregate is
prohibited.
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 39-6.05, Amended 5-10-87, 2-1-98, Formerly 39-6.005,
Amended 8-27-09, 6-7-10, 9-30-19.