Current through Reg. 50, No. 187; September 24, 2024
(1) Facility
requirements: All persons licensed to keep, possess, or exhibit venomous
reptiles or reptiles of concern shall provide safe, secure and proper
enclosures for said reptiles. Primary enclosures shall be housed within
appropriate secondary containment which meets the requirements of this rule. It
shall be unlawful for any person whether licensed or not to keep, possess, or
exhibit any venomous reptile or reptile of concern in any manner not approved
as safe, secure and proper by the Florida Fish and Wildlife Conservation
Commission. Venomous reptiles or reptiles of concern shall be kept in primary
enclosures of the following specifications:
(a) Primary enclosures shall be structurally
sound and constructed using the following authorized materials: plate glass of
at least one-eighth (1/8) inch thickness, break-resistant or injection molded
plastic of similar strength, concrete reinforced with wire, sheet metal,
one-quarter (1/4) inch or smaller woven or welded wire mesh (hardware cloth),
molded fiberglass, plywood or solid wood (excluding materials constructed of
lumber by-products such as oriented strand board (OSB), medium density
fibreboard (MDF) and melamine) that has been treated to be impervious to
moisture and is not less than one-half (1/2) inch in thickness, or other
materials which provide equivalent stability and security against escape and
unauthorized intrusion. Primary enclosures equipped with tracks holding sliding
panels shall have the tracks secured with screws or rivets and enclosure design
shall be escape-proof for the species contained therein. Primary enclosures and
doors to primary enclosures shall be secured.
(b) Secondary containment: primary enclosures
for venomous reptiles and reptiles of concern shall be kept in an escape-proof
room or outbuilding which serves as secondary containment. Such room or
outbuilding shall be structurally sound.
1.
Any components constructed of lumber byproducts such as oriented strand board
(OSB), medium density fibreboard (MDF) and melamine shall be no less than
one-half (1/2) inch in thickness, shall not be directly exposed to weather and
shall be constructed, covered, coated or treated to be impervious to
moisture.
2. Manufactured
outbuildings purchased after December 31, 2016, shall bear the insignia of
approval of the Florida Building Commission and the manufacturer's data plate
shall be clearly visible, legible and unobstructed.
3. Any room or outbuilding so used shall be
securely anchored to the ground. Any outbuilding so used shall be equipped with
a safety entrance. For the purposes of this rule, a safety entrance is defined
as a protected, escape-proof area that can be entered by a keeper and prevents
escape of venomous reptile(s) from secondary containment. Safety entrances
shall be constructed of materials that are of equivalent strength as that
prescribed for secondary containment and subject to Commission
approval.
4. Rooms or outbuildings
shall not be equipped with roll-up or retractable type entrances.
5. All rooms or outbuildings housing venomous
reptiles shall be locked to prevent unauthorized intrusion, inspected and
approved as conforming to these rules by Commission personnel prior to
use.
6. Such room or out building
shall be clearly posted at every point of entry with a sign stating "Danger -
Venomous Reptiles" or in the instance of nonvenomous reptiles of concern a sign
stating "Danger - Dangerous Reptiles."
7. If a viewing panel is used as a portion of
an exterior wall of a room or out building serving as secondary containment,
that viewing panel shall not also serve as one of the venomous reptile primary
enclosure walls.
8. Viewing panels
used a portion of an exterior wall of a room or out building serving as
secondary containment shall be constructed of a minimum of one-quarter (1/4)
inch thick, tempered, safety glass.
a.
Interior viewing panels may be constructed of two ply laminated glass or coated
with a safety/security window film no less than eight millimeters (8 Mil)
thick.
b. Any safety/security film
used shall be installed pursuant to the manufacturers detailed specifications.
Documentation of film specifications shall be available for inspection by
Commission personnel.
9.
All primary enclosure access points shall be within the escape-proof room or
out building.
(c)
Venomous reptiles and reptiles of concern may be housed outside of secondary
containment in outdoor primary enclosures meeting the following conditions:
1. Outdoor open-topped enclosures may only be
used to house venomous reptiles native to the State of Florida and shall be
inspected and approved by the Commission prior to use.
2. For venomous reptile species and reptiles
of concern not native to Florida, all outdoor enclosures shall be topped with
close-meshed wire or an equivalent barrier to provide additional security,
equipped with a safety entrance and shall be inspected and approved by the
Commission prior to use.
3. The
floors of outdoor enclosures shall be of concrete or masonry block construction
at least two (2) inches in thickness. Sides shall be constructed of concrete
block, or strength equivalent material, with a minimum height of four (4) feet
above the floor of the enclosure. Outdoor enclosures need not have concrete or
masonry flooring if the enclosure meets the following additional
specifications:
a. The enclosure shall have
concrete or masonry walls, at least eight inches in thickness, or strength
equivalent.
b. The enclosure shall
have footers made of concrete, or strength equivalent, extending not less than
three feet below the grade level, outside the perimeter.
c. The corners of enclosure shall be designed
or guarded to prevent the escape of reptiles by climbing.
d. All landscaping of the enclosure shall be
arranged to insure that vegetation or other structures do not allow for the
escape of reptiles.
4.
Entrance doors shall be kept securely locked on all outdoor enclosures to
prevent escape and unauthorized intrusion and the enclosure shall be equipped
with barriers to prevent visitors from falling into enclosures that are
constructed below ground level.
5.
Outdoor enclosures shall meet the minimum standard caging size requirements as
specified in this chapter.
6. If a
viewing panel is used as a portion of an exterior wall of an outdoor
open-topped enclosure, such panel shall be constructed of a minimum of
one-quarter (1/4) inch thick, tempered, safety glass. Viewing panel shall not
serve as an access point to the enclosure.
(d) The amendments to the facility
requirements in subsection (1), of this rule, shall be effective December 31,
2016, but shall not apply to those facilities licensed to possess venomous
reptiles prior to that date. Facilities licensed to possess venomous reptiles
prior to December 31, 2016, shall have until January 1, 2018, to come into
compliance with the amendments to subsection (1) of this rule, but their
enclosures must be structurally sound and escape-proof. After December 31,
2016, those licensees that desire to expand their inventory to include a family
of venomous reptile species not previously authorized at their facility
location shall comply with the amended requirements of subsection (1) of this
rule.
(2) Licensees and
employees:
(a) Venomous reptile or reptile of
concern licensees and employees shall each be fully responsible for any
employees' care, use and/or possession of the licensee's venomous reptiles or
reptiles of concern.
(b) In the
event that the licensee is not present at the licensed facility, the
employee(s) of a venomous reptile or reptile of concern licensee shall make the
licensee's facility available for inspection by Commission
personnel.
(3) Facilities
housing venomous reptiles shall maintain bite or exposure protocols for the
species of venomous reptiles possessed and have a visible primary enclosure
identification system identifying the venomous reptiles housed or maintained on
the premises.
(a) Bite or Exposure Protocol:
Facilities or premises where venomous reptiles are housed or maintained shall
have posted on the premises a venomous reptile bite protocol. Such protocol
shall include: identification of the species by common and scientific name,
emergency contact information, type of antivenin required for treatment of
bites or exposures from the species housed or maintained, a plan of action to
be taken in the event of a bite or exposure, and location of antivenin if
stored on premises. In lieu of antivenin on premises contact information shall
be provided for an antivenin bank or medical facility that maintains antivenin
for the species possessed. Such protocol shall be clearly visible and posted in
the room, building or other structure and in close proximity to where venomous
reptiles are housed or maintained. Such protocol shall be current and
accurate.
(b) Primary Enclosure
Identification System: Each primary enclosure housing venomous reptiles shall
be accurately, visibly and clearly marked with a label stating "Danger Venomous
Reptile;" identifying the species contained therein by common and scientific
name; and displaying the PIT tag number or photograph of the specimen(s)
within, if applicable. A label as described above shall accompany the venomous
reptile when it is removed from the primary enclosure and transported outside
of an escape-proof room or out building. Venomous reptile identification labels
shall be removed from empty primary enclosures.
(c) Facilities with one or more licensees at
the same facility location may not commingle their respective live venomous
reptile or reptile of concern inventories. All primary enclosures must be
clearly identified or visibly marked with the name of the licensee or other
identifier to facilitate inventory inspections.
(4) Inspection: Venomous reptiles or reptiles
of concern held in captivity are subject to inspection by Commission personnel.
Commission personnel shall determine whether such venomous reptiles or reptiles
of concern are securely, properly and safely housed.
(5) No person except the licensee or his or
her authorized employee shall open any primary enclosure, pit, or other
container which contains venomous reptiles.
(6) Handling of non-native venomous reptiles
outside of secondary containment is prohibited, except as authorized in writing
by the Commission prior to handling activity. Free-handling of non-native
venomous reptiles outside of secondary containment is prohibited.
(7) Transporting: Any person transporting
venomous reptiles shall comply with Section
379.372, F.S., and the
provisions of this rule. Venomous reptiles shall be placed in a stout closely
woven cloth sack, tied or otherwise secured. In lieu of a stout closely woven
cloth sack, the venomous reptile may be contained in a trap, container or box
of solid construction which is locked or otherwise secured. The sack, trap,
container or box shall then be placed in a locked box or container. The outer
box or container shall be constructed of material strong enough to prevent
escape and shall have small air holes, which shall be screened. Outer boxes or
containers shall be prominently labeled "Danger - Venomous Reptiles" and shall
be subject to inspection and approval by the Commission.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented Art. IV, Sec. 9, Fla.
Const.
New 9-30-19.
