Current through Reg. 50, No. 187; September 24, 2024
(1) No person shall
maintain captive wildlife in a manner which results in any of the following:
(a) An unsanitary condition;
(b) An unsafe condition;
(c) A threat to public safety;
(d) Maltreatment, neglect, or injury of such
wildlife;
(e) An injury to a person
as specified in Rule 68A-6.018(6),
F.A.C.;
(f) An escape of wildlife
as specified in Rule 68A-6.018(7),
F.A.C.
(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 this chapter.
(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
68A-6.016(1),
F.A.C. 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 shall be
completely enclosed to prevent escape, except paddocks, reptile enclosures, and
open air habitats specified in this chapter). All outdoor enclosures for
non-native venomous reptile species and reptiles of concern shall be topped
with close-meshed wire or an equivalent barrier to provide additional security
as specified in Rule 68A-6.0171, 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 379 or 828, F.S., or rules of the Commission, or if such violation is
disposed of under Section
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) 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.
(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.
(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.
(4) In addition to
the standard caging requirements set forth in this chapter, Class I and Class
II animals shall be caged in accordance with the following requirements:
(a) All cages or enclosures of Class I and
Class II wildlife, and Class III capuchin, spider and woolly monkeys, 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.
(b) 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. Cages or enclosures using the ground as flooring
must meet the following requirements:
1. For
enclosures housing wildlife species or individual animals which exhibit a
behavior of digging or burrowing:
Enclosures shall have a footer or bottom apron constructed of
concrete, chainlink or equivalent strength material as specified in this rule
for the housing of such wildlife. The footer must be a depth of 3 feet. In the
instance of a bottom apron, the bottom apron must be securely attached to the
bottom of the enclosure fencing or wall and extend inward into the enclosure a
minimum of 3 feet. The bottom apron must be buried to prevent injury to the
captive wildlife in the enclosure.
2. For enclosures affected by erosion:
Measures must be taken to stop the erosion. Such measures may
include, but are not limited to, a footer or bottom apron as described above or
other measures capable of ensuring the structural integrity of the enclosure
and preventing the escape of the captive
wildlife.
(5) It is unlawful for any unauthorized
person to breach, remove, damage, or dismantle the structural safety barrier of
any enclosure, wildlife exhibit, or ride.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented Art. IV, Sec. 9, Fla.
Const.
New 9-30-19, Amended
1-11-23.