Current through Reg. 50, No. 187; September 24, 2024
(1) Any person who
keeps, possesses, exhibits or sells any venomous reptiles or reptile of concern
shall comply with Sections
379.303,
379.304,
379.305,
379.372,
379.373,
379.374 and
379.3761, F.S., and the
provisions of subparagraph
68-5.007(5)(a)
1., F.A.C., and the rules of this chapter. The following reptiles, including
their taxonomic synonymies, subspecies or hybrids thereof, are designated as
reptiles of concern: None listed at this time.
(2) Qualification requirements for a permit
to possess venomous reptiles or reptiles of concern:
(a) Age Requirement: Applicants to possess
venomous reptiles or reptiles of concern shall be at least 18 years of
age.
(b) Applicants shall not have
been convicted of any violation of venomous reptile, reptile of concern,
conditional species, prohibited species, or captive wildlife 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) Not have refused a captive wildlife
inspection within three (3) years of the date of application. Venomous reptile
licenses issued to a person who refuses any such inspection shall be
revoked.
(d) Specify the location
of the facility at which the venomous reptiles or reptiles of concern shall be
maintained. Facilities for venomous reptiles shall be inspected and approved by
Commission personnel prior to the issuance of the permit and placement of
animals at the facility location.
(e) Experience requirements for authorization
to possess venomous reptiles:
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 or other species within the same biological family
which are similar in characteristics and care to the species for which the
permit is sought. For the purposes of demonstrating compliance, applicants
shall submit documentation of such experience including:
a. A description of the specific experience
acquired.
b. The dates the
experience was obtained and the specific location(s) where acquired.
c. References of no less than two (2)
individuals having firsthand knowledge of the applicant's stated experience.
References shall be from persons licensed by the Commission for venomous
reptiles of the same family for which the applicant is seeking authorization or
a representative of a professional organization or governmental institution
which deals directly with venomous reptiles as a part of their organization or
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 venomous reptiles, employment
records, and any other competent documentation of the requisite
experience.
2. 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 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. Applicants scoring at
least 80 percent correct on the examination shall be deemed as meeting the
examination requirement for the particular species or family.
a. Examinations shall be completed without
the use of any reference materials or other resources during the examination.
Improper access to or use of any information or material in the examination
shall be considered submission of materially false information in the
application or other supporting documentation relating to the license, permit
or other authorization.
b.
Applicants who fail to pass the written examination after two (2) attempts
shall wait six (6) months from the date of the last examination to retake the
examination.
3. Providing
materially false information to document the applicant's experience, by the
applicant or any reference, is prohibited and shall result in denial or
revocation of the applicant or reference's license, permit or other
authorization, in accordance with Rule
68-1.010, F.A.C.
4. Any licensed corporation authorized to do
business in Florida may apply for a permit or other authorization to possess
venomous reptiles. Such corporation must have qualified personnel responsible
for the care of such venomous reptiles. The corporation must provide
documentation of experience for at least one person. Such person shall comply
with the requirements defined in paragraphs
68A-6.017(2)(a)
-(b), and subparagraphs (2)(e)1.-3., 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 personnel. Such
corporation shall be fully responsible for any violation(s) committed by their
employees or occurring at their facility.
(f) Reptiles of concern: Species possessed
for personal use by reptile of concern license holders prior to July 1, 2010
may continue in the possession of the owner for the life of the animal. A valid
license to possess these animals must be maintained pursuant to Section
379.372,
F.S.
(3) Venomous reptile
or reptile of concern 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 venomous reptiles or reptiles of concern
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
venomous reptile(s) or reptile(s) of concern are located to include city,
state, and zip code.
(e) The county
or counties where the facility is located.
(f) The current inventory of venomous
reptiles or reptiles of concern possessed, identified by species and quantity.
If no venomous reptiles or reptiles of concern are 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) Reptiles of concern:
On or after January 1, 2008, any person or entity not currently permitted to
possess reptiles of concern shall satisfactorily answer questions developed by
the Commission that assess the applicant's knowledge of general husbandry,
nutritional needs, and behavioral characteristics of the reptile of concern to
be possessed.
(4)
Disaster and Critical Incident Plans: Applicants for permits to possess
venomous reptiles or reptiles of concern in captivity shall document a course
of action to be taken in preparation for disasters or critical incidents.
Provisions of this subsection shall apply to permittees maintaining venomous
reptiles or reptiles of concern 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. 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 venomous reptiles or reptiles of
concern. In this instance, information as specified in paragraphs (c)-(m) above
must accompany the venomous reptile or reptile of concern 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.
New 9-30-19, Amended 8-23-22,
7-17-23.