Current through Reg. 50, No. 187; September 24, 2024
(1) In order to assure public safety, the
facilities for the housing of Class I and Class II wildlife shall meet the
requirements of this rule. Compliance with these requirements is a necessary
condition for licensure. For the purposes of this rule, a "facility" means the
site at which Class I or Class II wildlife are kept or exhibited, except for
those locations where the standard caging requirements are exempted under Rules
68A-6.0013, 68A-6.014 and
68A-6.015, F.A.C. Upon receipt
of an initial application regarding Class I or Class II wildlife, the Florida
Fish and Wildlife Conservation Commission shall notify the county or
municipality wherein the proposed facility is to be located of a pending
application and provide the information required of applicants below. Current
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 authorizations shall be considered initial applications for
license purposes. Applicants for Class I or Class II wildlife shall provide the
following information upon initial application online through
http://GoOutdoorsFlorida.com:
(a) Parcel number for the property or
properties on which the facility is maintained.
(b) 911 address of the parcel(s) on which the
facility is maintained.
(c)
Indication whether application(s) for building permits and/or application(s)
for the land use or zoning approval have been submitted to the applicant's
local governmental agency.
(d) A
project plan or description.
(2) Not withstanding other requirements of
this rule, facilities licensed pursuant to this section may be transferred
through will, trust or probate proceedings to a lawful heir and such facilities
may remain in the same location. Said heir must be qualified to receive the
classifications of wildlife applied for and shall complete applications for
licenses to receive same. The transfer shall not occur until a final on-site
inspection is conducted by Commission personnel and the license is approved and
issued.
(3) Facility requirements:
(a) Property ownership/lease:
1. The facility shall be constructed on
property owned or leased by the applicant. If leased the lease shall be for a
term of not less than one (1) year from date of application. Such lease shall
be subject to initial and annual review and approval by the Commission as a
condition of said lease.
2. If the
property is leased, the lessee must have exclusive rights to occupy, possess
and use the property with no restrictions that could prevent the lessee from
adhering to the eligibility requirements for licensure with no other in
holdings or easements.
3. The
existence of any such lease restrictions or termination of the lease shall
result in the denial or revocation of the license or
permit.
(b) Land area:
1. Class I wildlife: The facility shall not
be constructed on less than five (5) acres.
2. Class II wildlife: The facility shall not
be constructed on less than two and one-half (2 1/2) acres.
3. The total facility shall not be comprised
of more than two (2) parcels of land whether leased, owned or a combination of
leased or owned parcels. If more than one parcel, the adjacent parcels must
have a minimum of 100 feet common linear boundary.
(c) Buffer zones:
The facility shall contain a "buffer zone" of not less than
thirty-five (35) feet between the caged wildlife and the facility property
line.
(d) Perimeter fencing:
1. Class I wildlife: The cages of the
facility shall be bounded by a fence of not less than eight (8) feet
high.
2. Class II wildlife: The
cages of the facility shall be bounded by a fence of not less than eight (8)
feet high, or as an alternative, a fence of not less than six (6) feet high,
with a 2-foot, 45 degree, inward angle overhang.
3. All vertical fencing and inward angle
overhang fencing of the perimeter fence shall be constructed of 11 1/2 gauge
chain link or equivalent.
(4) Exemptions:
The following Class I and Class II wildlife are exempt from
the facility requirements of paragraphs (3)(a)-(d) as listed above:
(a) Permits authorizing possession of infants
only including:
1. Class I or Class II
carnivores until they reach 25 pounds or six (6) months of age, whichever comes
first, provided written documentation is available to verify the age of the
animal, the animal is marked or otherwise identifiable, and the animal is
provided space for exercise on a daily basis.
2. Class I and II primates until they reach
the age of twelve (12) months, provided written documentation is available to
verify the age of the animal, the animal is marked or otherwise identifiable,
and the animal is provided space for exercise on a daily
basis.
(b) Crocodilians
four (4) feet in length or less.
(c) Cats: Ocelots (Leopardus
pardalis), Servals (Leptailurus serval), Caracals
(Caracal caracal), Bobcats (Lynx rufus),
African golden cats (Profelis aurata), Temminck's golden cats
(Profelis temmincki), and Fishing cats (Prionailurus
viverrina).
(d) Non-human
primates: Uakaris (genus Cacajao), Sakis (genus
Chiropotes and Pithecea), and Guenons (genus
Cercopithecus). Exemption for Guenons (genus
Cercopithecus) shall not include Patas monkeys (genus
Erythrocebus), De Brazza's monkey (Cercopithecus
neglectus), Blue monkey (Cercopithecus mitis),
Preuss's monkey (Cercopithecus preussi) or any other non-human
primate of the genus Cercopithecus of which the species
exceeds the normal adult weight of fourteen (14) pounds.
(5) Any Class I or Class II wildlife exempt
from meeting the facility requirements of paragraphs (3)(a)-(d) of this rule,
must meet the following:
(a) Class I wildlife
shall not be possessed in any multi-unit dwellings or on any premises
consisting of less than one quarter acre of land area.
(b) 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.
(c) A fence sufficient to deter entry by the
public, which shall be a minimum of five (5) feet in height, shall be present
around the premises wherein Class I or Class II animals are housed or exercised
outdoors.
(6) The above
facility requirements relating to land area, buffer zones, and perimeter
fencing, shall be effective January 1, 2008, but shall not apply to those
facilities licensed to possess captive wildlife species prior to that date.
After January 1, 2008, 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 authorizations shall be considered new
applications for license purposes.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented Art. IV, Sec. 9, Fla.
Const.
New 9-30-19, Amended 8-23-22,
7-17-23.
