Current through Reg. 50, No. 187; September 24, 2024
(1)
No person shall possess any sick, injured, orphaned, or otherwise impaired
wildlife native to the state of Florida for rehabilitation purposes without a
permit from the Commission in accordance with this rule section, except as
provided by paragraph (1)(d) below. Wildlife possessed under the authority of
this rule remains under the control of the Commission.
(a) Wildlife shall be rehabilitated at the
approved facility location, except as provided herein.
(b) The wildlife rehabilitation permit does
not authorize rehabilitation of wildlife not native to the state of Florida.
Possession of nonnative wildlife shall be in accordance with
379.3761, F.S.,
379.3762, F.S., or Chapter 68-5,
F.A.C.
(c) The wildlife
rehabilitation permit does not authorize rehabilitation of wildlife that did
not originate from the wild in Florida, except as provided herein.
(d) This wildlife rehabilitation permit does
not authorize rehabilitation of marine turtles or marine mammals.
Rehabilitation of marine turtles and marine mammals shall be as otherwise
authorized by the Commission.
(e)
Sick or injured native crocodilian species may be temporarily possessed by a
rehabilitation permittee for the limited purpose of treatment and care in
preparation for placement at the direction of the Commission. Permittees shall
not possess uninjured hatchlings or eggs of these species unless otherwise
authorized by the Commission.
(f)
For the purposes of this rule, reptiles may only be possessed if they are sick
or injured and shall not be considered orphaned.
(g) Veterinarians licensed by the state of
Florida are authorized to be in temporary possession of sick, injured, or
impaired wildlife for the purpose of practicing veterinary medicine without
obtaining a wildlife rehabilitation permit. Once such wildlife is no longer in
need of veterinary medical treatment, it shall be transferred to a permitted
rehabilitator or released in accordance with paragraph (12)(c) below.
Veterinarians who intake native wildlife in need of rehabilitative care shall
contact a permitted wildlife rehabilitator for consultation within 48 hours of
intake.
(2) Definitions.
(a) Apprentice rehabilitator - a permittee
who is operating under the supervision of a General rehabilitator while
learning the necessary skills to be a successful rehabilitator.
(b) Dissolve - the legal process of winding
down and officially closing an entity or organization, involving the cessation
of all permitted activities.
(c)
Fledged - the point at which a juvenile flying animal has become capable of
flight.
(d) Habituated wildlife -
animals which have become accustomed to the presence and activities of humans
to the extent that they have lost their fear of humans and no longer
demonstrate fight or flight behavior.
(e) Humane euthanasia - intentionally ending
the life of an animal in a manner that minimizes pain, distress, and suffering,
as outlined in the American Veterinary Medicine Association guidelines for the
euthanasia of animals.
(f) Living
area - the part of a residential property that is used for living purposes,
which includes rooms such as living rooms, kitchen areas, dens, play rooms, and
bedrooms. Rooms used exclusively for housing wildlife shall not be considered a
living area.
(g) Mal-imprinting -
also referred to as mis-imprinting or improper imprinting, a behavior observed
in certain wildlife species where young animals form strong and often
irreversible attachments to inappropriate specific objects, individuals, or
members of other species during a critical period early in their
development.
(h) Non-releasable -
wildlife that is determined by the Commission to be unsuitable for release back
into its natural habitat due to mal-imprinting, habituation, or physical
impairment.
(i) Off-site volunteer
- an individual authorized under a General rehabilitation permit to temporarily
possess wildlife at a location other than the permitted facility for the sole
purpose of caring for migratory birds or orphaned infant wildlife as provided
in this rule.
(j) Orphaned wildlife
- an infant mammal or bird which has been permanently separated from its
natural parents and cannot survive on its own.
(k) Refusal of inspection - when a permittee,
applicant, employee, or volunteer intentionally denies access by Commission
personnel to the facility, inventory, or facility's records or directs another
to deny such access.
(l)
Rehabilitation - temporary possession of sick, injured, or orphaned wildlife to
provide for the proper treatment and care of such wildlife for the specific
purpose of release back into the wild. This process aims to minimize human
interaction while maximizing the animal's chances of survival and successful
reintegration into the wild.
(m)
Soft release - a means of gradually acclimating rehabilitated wildlife to a
more natural environment before permanent release. Animals undergoing soft
release must have at least twelve (12) hours of unrestricted access to the wild
daily.
(n) Sponsor - a General
wildlife rehabilitation permittee who elects to mentor an Apprentice wildlife
rehabilitation permittee for the purpose of providing oversight, guidance, and
training to assist the Apprentice in becoming a General wildlife
rehabilitator.
(o) Weaned - an
early stage in a mammal's life in which they would normally shift their
dependency from milk and transition to other sources of food; no longer relying
on milk for nourishment.
(3) Qualification requirements for a permit
to possess wildlife for rehabilitation purposes (Apprentice and General):
(a) Applicant must be eighteen (18) years of
age or older.
(b) Applicant shall
not have been convicted of any violation of captive wildlife regulations or
venomous reptile or reptile of concern 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; any violation involving importation of wildlife; or any violation
involving improper rehabilitation of wildlife within three (3) years of the
date of application.
(c) Applicant
shall not have refused a captive wildlife inspection within three (3) years of
the date of application.
(d)
Applicant shall specify the location of the facility at which wildlife
undergoing rehabilitation shall be maintained. There shall only be one General
wildlife rehabilitator permitted at each facility location. The facility shall
be constructed on property owned or leased by the applicant, except Apprentice
wildlife rehabilitators may be permitted at the same facility location as their
sponsor. Facilities for wildlife rehabilitation shall be inspected and approved
by Commission personnel prior to the issuance of the permit and placement of
animals at the facility location.
(e) Applicants shall provide proof of
completion of a Commission-approved Basic Wildlife Rehabilitation course
provided through the International Wildlife Rehabilitation Council (IWRC), the
National Wildlife Rehabilitators Association (NWRA), or the Florida Wildlife
Rehabilitators Association (FWRA). Individuals with a valid rehabilitation
permit on April 2, 2024, shall be exempt from this requirement.
(f) Applicants requesting to renew an
existing permit shall provide documentation of sixteen (16) hours of continuing
education completed during the current permit period. Approved continuing
education courses or symposiums shall only include the International Wildlife
Rehabilitation Council (IWRC) Certified Wildlife Rehabilitator Approved
Continuing Education List or other relevant Commission-approved courses. If a
symposium is used for continuing education, such documentation of continuing
education shall include a list of courses attended and proof of attendance
provided by facilitator. Individuals with a valid rehabilitation permit on
April 2, 2024, shall come into compliance with this requirement by April 2,
2026.
(g) Initial applicants for a
General wildlife rehabilitation permit must have maintained an active
Apprentice wildlife rehabilitation permit and have been operating as an
Apprentice wildlife rehabilitator under a sponsor for at least one (1)
year.
(h) A wildlife rehabilitation
permit shall authorize the rehabilitation of all native wildlife, except those
outlined below. To add additional authorizations, applicants shall meet the
qualifications outlined in paragraphs (3)(i)-(m) below, as
applicable.
(i) In order to
rehabilitate native species designated as Class I or Class II wildlife per Rule
68A-6.002, F.A.C., applicants
shall demonstrate experience requirements in accordance with paragraphs
68A-6.004(2)(c) or
(d), F.A.C., respectively.
(j) In order to rehabilitate native venomous
reptiles, applicants shall demonstrate experience requirements in accordance
with paragraph 68A-6.017(2)(e),
F.A.C.
(k) General wildlife
rehabilitation permittees shall gain experience or training before being
authorized to rehabilitate the following:
1.
Raccoons
2. Foxes
3. Otters
4. Beavers
5. Bats
6. Reptiles
(l) Experience or training for the species
listed in subparagraphs (3)(k)1.-6. above shall consist of the following:
1. For initial General wildlife
rehabilitation permit applicants, experience and training gained under a
General wildlife rehabilitation permittee who is authorized for the specific
wildlife requested. Such experience or training shall consist of successful
rehabilitation of at least two (2) individuals of the requested wildlife under
the guidance of a General wildlife rehabilitation permittee who is authorized
for the specific wildlife requested.
2. For permitted General wildlife
rehabilitators, experience shall be gained through experience and training as
provided in subparagraph (3)(l)1. above, or education courses which include
topics specifically related to the care and treatment of the wildlife
requested. Such education courses shall consist of at least two (2) hours of
courses from the approved list specified in paragraph (3)(f) above.
(m) A federal permit authorizing
rehabilitation of migratory birds, issued by the United States Fish and
Wildlife Service (USFWS), is also required if possessing migratory birds for
rehabilitation purposes. Such permit shall be obtained and maintained and shall
be made available for inspection upon request of Commission
personnel.
(n) Individuals with a
valid rehabilitation permit on April 2, 2024, shall be considered General
wildlife rehabilitators and shall be exempt from the requirements in paragraphs
(3)(g)-(l) above.
(4)
Permit application requirements for General and Apprentice rehabilitators: 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 wildlife for rehabilitation purposes
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 (4)(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
wildlife is located to include city, state, and zip code.
(e) The county or counties where the facility
is located.
(f) Whether the
facility is owned or leased by the applicant. A copy of the valid and current
lease agreement shall be submitted with the application in the event that the
facility location is under lease to the applicant.
(g) The applicant's driver's license
number/ID number and a copy of the applicant's valid government-issued photo
ID.
(h) Description of the types of
holding facilities, cages, or enclosures the applicant maintains.
(i) Whether the applicant is requesting
authorization for rehabilitation of orphaned infant wildlife only.
(j) The name, business name (if applicable),
physical address, and personal or business phone number for a veterinarian who
will assist applicant by providing consulting and referral services regarding
treatment and diagnosis.
(k) A
signed letter from an attending veterinarian as described in paragraph (4)(j)
above, verifying such consulting and referral services. The letter shall
include a list of the types of wildlife for which the veterinarian agrees to
provide services and assistance.
(l) Initial applicants for a General wildlife
rehabilitation permit shall submit a notarized letter from their sponsor(s)
verifying the sponsor has provided supervision, direction, and adequate
training of the duties and regulations involved in proper wildlife
rehabilitation. The letter shall specify the length of time the applicant was
an Apprentice under the sponsor.
(m) Initial applicants for a General wildlife
rehabilitation permit who wish to be authorized to rehabilitate wildlife listed
in subparagraphs (3)(k)1.-6. above shall submit a notarized letter from their
sponsor(s) verifying the sponsor has provided experience and training with the
specific wildlife they wish to be authorized for. The letter shall specify the
length and type of training the applicant received under the sponsor.
(n) General wildlife rehabilitation
permittees who did not possess a valid rehabilitation permit on April 2, 2024,
who wish to rehabilitate wildlife listed in subparagraphs (3)(k)1.-6. above
shall submit documentation verifying experience and training with the specific
wildlife they wish to be authorized for. Such documentation shall include:
1. A notarized letter from a General wildlife
rehabilitation permittee who is authorized for the specific wildlife requested
verifying they have provided experience and training with the specific wildlife
requested. Such letter shall specify the length and type of training the
applicant received under the permittee; or
2. Proof of education courses required in
subparagraph (3)(l)2. above which include topics specifically related to the
care and treatment of the wildlife requested.
(o) An estimate of the maximum number and
type(s) of wildlife applicant is equipped to handle at any one time.
(p) The applicant's acknowledgement that the
information provided in the application is true, accurate, and
complete.
(q) Apprentice
rehabilitator applicants shall also provide a current notarized letter from a
holder of a valid General wildlife rehabilitation permit stating that he or she
will sponsor and assist the applicant as necessary in the items outlined in
subparagraphs (6)(a)1.-4. below.
(5) Apprentice rehabilitators.
(a) Apprentice rehabilitation facilities
shall be located no more than 120 miles from the sponsor facility.
(b) Apprentice rehabilitation permittees
shall maintain a sponsor at all times while operating as an Apprentice. Any
change in sponsorship status shall be reported by the Apprentice to the FWC
Captive Wildlife Section in writing no later than one (1) week after a change
in sponsorship status.
(c)
Apprentice rehabilitation permittees shall be authorized for rehabilitation of
the wildlife species for which their sponsor is authorized without meeting
additional experience requirements.
(d) Apprentice rehabilitators who are
permitted at the same facility location as their sponsor shall maintain
independent records, shall specifically identify which animals are under their
care, and shall not commingle wildlife under their care with wildlife under the
care of their sponsor.
(e) If a
sponsor withdraws their sponsorship, the Apprentice shall obtain a new sponsor
within thirty (30) days. An apprentice shall not be in possession of wildlife
held under the authority of this rule without a sponsor.
(f) Apprentice rehabilitation permittees
shall not utilize off-site volunteers.
(6) Sponsor responsibilities.
(a) A sponsor is responsible for assisting
their Apprentice(s) as necessary with:
1.
Learning about relevant wildlife laws and regulations;
2. Basic care of native wildlife, to include
animal behavior, husbandry, nutritional requirements, rehabilitative care, and
ecology;
3. Determining appropriate
equipment needed for wildlife rehabilitation; and
4. Learning and understanding standards in
wildlife rehabilitation, as established by the International Wildlife
Rehabilitation Council.
(b) A sponsor must perform a physical site
check of each Apprentice's facility no less than once during every three (3)
month period. Documentation of each site check shall be submitted to the
Commission no more than seven (7) days after the completion of the site check.
Such documentation shall include verification of complete and accurate records
as follows:
1. Species and number of all
wildlife currently undergoing rehabilitation at the facility.
2. Intake records for all wildlife at the
facility.
3. Treatment plan for all
sick or injured wildlife at the facility.
4. Care records for all orphaned infant
wildlife at the facility.
5. All
disposition records.
6. Overview of
condition of the facility, to include sanitation, nutrition, and
caging.
7. Verification that
rehabilitation is being conducted in a manner that minimizes human interaction
and maximizes the wildlife's chances of survival and successful reintegration
into the wild.
8. Deficiencies
noted and guidance given for areas of improvement.
(c) Documentation of Apprentice facility site
visits shall be maintained at the sponsor's facility for a period of three (3)
years and shall be available to Commission personnel upon request.
(d) A General wildlife rehabilitation
permittee shall sponsor no more than three (3) Apprentices at any
time.
(e) A General wildlife
rehabilitation permittee who no longer wishes to sponsor a current Apprentice
shall notify the FWC Captive Wildlife Section in writing no later than one (1)
week after change in sponsorship status.
(7) Off-site volunteers.
(a) A General rehabilitation permittee may
have up to and no more than ten (10) off-site volunteers at any one
time.
(b) To add an off-site
volunteer to their permit, a General rehabilitator shall provide the legal
name, date of birth, phone number, off-site location address, and a copy of a
current valid government-issued identification of the off-site volunteer to the
Commission.
(c) The addition of an
off-site volunteer to a General rehabilitator's permit shall be approved by the
Commission prior to wildlife being housed at an off-site location.
(d) The off-site volunteer location shall be
located no more than 120 miles from the main permitted rehabilitation
facility.
(e) When not at the main
facility location, wildlife shall only be rehabilitated at the approved
off-site location.
(f) Off-site
volunteers shall meet the requirements outlined in paragraphs (3)(a)-(c)
above.
(g) In order to possess
native species designated as Class I or Class II wildlife per Rule
68A-6.002, F.A.C., off-site
volunteers shall demonstrate experience requirements in accordance with
paragraphs 68A-6.004(2)(c) or
(d), F.A.C., respectively.
(h) Off-site volunteer facilities are subject
to inspection at all times. If an inspection is refused, off-site volunteer
shall lose their privileges to possess wildlife for rehabilitation and all
wildlife possessed at the off-site volunteer's location shall be transferred to
the main rehabilitation facility within forty-eight (48) hours following the
refusal.
(i) General rehabilitators
shall be fully responsible for the off-site volunteer's care and possession of
the wildlife.
(j) Wildlife
rehabilitators who utilize off-site volunteers shall maintain a current valid
list of all off-site volunteers at their facility. Such list shall include
name, address, and phone number of each off-site volunteer. The list shall be
available to Commission personnel upon request.
(k) Wildlife rehabilitators who utilize
off-site volunteers shall maintain a current list of all wildlife possessed by
each off-site volunteer, listed by species and number.
(l) All wildlife shall be physically admitted
to the main rehabilitation facility prior to being transferred to an off-site
volunteer's location.
(m) Off-site
volunteers shall maintain a copy of the General rehabilitator's valid permit at
their location at all times wildlife is present.
(n) If possessing migratory birds for
rehabilitation purposes, off-site volunteers shall be authorized on a federal
permit issued by the United State Fish and Wildlife Service (USFWS) and
authorizing rehabilitation of migratory birds. Such permit shall be made
available for inspection upon request of Commission personnel.
(o) Migratory birds shall be held off-site
and returned to the General rehabilitator's facility in accordance with the
conditions of their federal rehabilitation permit.
(p) All wildlife, except migratory birds,
shall be returned to the General rehabilitator's facility no more than one (1)
week after the animal is weaned, or when they reach twelve (12) weeks in age,
whichever comes first.
(8) Facility requirements.
(a) The facility shall be constructed on
property owned or leased by the permittee except for those permitted as
Apprentices located at the same facility as their sponsor. If leased, the
permittee shall maintain a current lease agreement for the facility property
which shall be available for inspection by Commission personnel upon
request.
(b) Wildlife undergoing
rehabilitation shall be housed in a way which minimizes human interaction to
prevent mal-imprinting or habituation. Wildlife undergoing rehabilitation shall
not be housed in a space that is actively being used as a living
area.
(c) When hands-on care is
necessary, wildlife may be cared for temporarily in a living area before the
animal's eyes have opened.
(d) The
facility shall have a designated area suitable to quarantine animals.
(e) Caging requirements:
1. Wildlife being held for rehabilitation
shall be housed or caged in outdoor enclosures which meet the standard caging
requirements set forth in Chapter 68A-6, F.A.C., unless otherwise specified
herein. Increased cage size for additional animals as provided in Chapter
68A-6, F.A.C., shall not be required, so long as the enclosure allows for
natural behavior and movement for the animals enclosed.
2. Sick or injured wildlife being held for
rehabilitation, for veterinary care, or for quarantine may be housed or caged
in indoor or outdoor enclosures smaller than the sizes set forth in Chapter
68A-6, F.A.C., for a period not to exceed sixty (60) days. This period may be
extended in circumstances where a licensed veterinarian has certified in
writing that a longer holding period is medically necessary in the interests of
the health, safety and welfare of the subject animals or the public. Medical
records concerning all animals for which an extension of the sixty (60) day
period is obtained shall be maintained at the facility and shall be made
available for inspection upon request by Commission personnel.
3. Prior to being weaned or fledged, infant
wildlife may be housed in indoor or outdoor enclosures smaller than the sizes
set forth in Chapter 68A-6, F.A.C.
4. After being weaned or fledged, juvenile
wildlife must be housed outdoors and may be housed in enclosures smaller than
the sizes set forth in Chapter 68A-6, F.A.C., for a period not to exceed ninety
(90) days from intake of the animal.
5. Once wildlife being housed in indoor
enclosures are in stable health and any injuries have sufficiently healed,
animals shall be released or moved to outdoor enclosures.
6. The caging or enclosures of all wildlife
temporarily held under this section shall not be smaller than that required for
the caged animal to stand up, lie down, and turn around without touching the
sides of the enclosure or another animal.
7. Cages or enclosures housing wildlife shall
be constructed so as to prevent escape and protect the caged animal from
injury. Such cages or enclosures shall be free of sharp edges, projections, or
objects detrimental to the animal(s)' safety. Such cages or enclosures shall be
free of objects that impede the movement of the animal(s) unless necessary to
prevent injury to the animal(s).
8.
Wildlife shall be maintained in humane conditions and within compatible groups,
including separation of prey and predator species by visual barriers.
9. Wildlife twelve (12) weeks of age or older
shall not be grouped in enclosures in a way which impedes the rehabilitation,
natural behavior, or movement for the species being housed.
10. All enclosures shall be marked, so as to
be traceable to written records identifying the animal(s) held within each
enclosure. Such records shall be maintained and made available for inspection
by Commission personnel.
(9) Inspection requirements.
(a) Commission personnel shall inspect and
approve an applicant's facility prior to the issuance of a rehabilitation
permit. Applicant shall have at least one (1) outdoor enclosure which meets the
requirements set forth in subparagraph (8)(e)1. for the wildlife they are
intending to rehabilitate.
(b)
Commission personnel may enter and inspect a permittee's rehabilitation
facility to determine whether the permittee is in compliance with applicable
laws and regulations.
(c) Wildlife
rehabilitation permits issued to an entity who refuses any such inspection
shall be revoked.
(d) If a wildlife
rehabilitation permit is revoked, denied, non-renewed, or dissolved, Commission
personnel shall have the authority to verify the final disposition of wildlife
previously authorized under the revoked, denied, non-renewed, or dissolved
permit for a period of twelve (12) months after the permit is no longer active.
Verification may include inspection by officers of the Commission, pursuant to
Section 379.304, F.S.
(10) Intake requirements.
(a) Permittees shall not refuse to accept
native wildlife except as provided herein. If a permittee receives wildlife
they are not authorized to care for due to reasons listed in subsection (1),
they shall notify the Commission or immediately transfer to an appropriately
permitted rehabilitator. If a permittee is unable to care for the wildlife for
one of the reasons listed in subparagraphs (10)(a)1.-5. below, the permittee
shall transfer the wildlife to another rehabilitation facility or refer the
member of the public to another rehabilitation facility. Exceptions:
1. The permittee does not have appropriate
space or facilities.
2. The
permittee lacks experience or expertise with the species of wildlife so as to
prevent successful rehabilitation of the wildlife, or so as to present a danger
to the wildlife, the permittee or the public.
3. Accepting the wildlife presents a disease
concern for the permittee or others interacting with the wildlife or presents a
disease concern for other animals housed at the facility.
4. Wildlife received is older than an infant
or is injured and the permittee is only authorized for rehabilitation of
orphaned infants; or
5. The
permittee has other exigent circumstances. The permittee shall obtain approval
from the Commission prior to refusing to accept wildlife due to exigent
circumstances.
(b)
Permittees who receive any species classified as state threatened or
endangered, per Rule 68A-27.003, F.A.C., shall notify
the FWC Captive Wildlife Section within twenty-four (24) hours after
receipt.
(c) Permittees who receive
any native species designated as Class I or Class II wildlife per Rule
68A-6.002, F.A.C., shall notify
the FWC Captive Wildlife Section within twenty-four (24) hours after
receipt.
(d) Migratory birds
originating in another state may be transferred to a permitted rehabilitator in
Florida for the purposes of rehabilitation and release in accordance with
naturally occurring migratory patterns of the species.
(e) If utilizing an unmanned "drop-off" site,
the site must be on the permitted facility property, must be checked no less
than every twelve (12) hours, and a contact phone number must be posted at the
site. If a permittee is unable to check the drop-off site every twelve (12)
hours for any period of time, notice must be posted at the site informing the
public that the drop-off site is not being monitored and not to leave animals
at the site.
(11) Care
requirements.
(a) Wildlife rehabilitation
permittees shall not perform rehabilitative care and treatment beyond their
scope and training.
(b) If a
wildlife rehabilitation permittee receives an animal that is uninjured or does
not require further treatment or care after initial observation, such animal
shall be released as soon as practicable, but no longer than forty-eight (48)
hours after initial observation, in accordance with this rule.
(c) When an animal is experiencing severe,
unmanageable pain or suffering due to injuries, illness, or other condition,
and there is no reasonable expectation of improvement, it shall be euthanized
in accordance with paragraph (12)(d).
(d) Care and treatment of animals undergoing
wildlife rehabilitation shall be conducted in a manner which minimizes human
interaction to prevent mal-imprinting or habituation and maximizes the animal's
chances of survival and successful reintegration into the wild after
release.
(e) Wildlife
rehabilitation permits do not authorize treatment beyond basic medical care.
Treatment beyond basic medical care shall include, but is not limited to:
1. Surgery.
2. Amputation.
3. Administering prescription medication
which has not been prescribed by a veterinarian.
(f) When treatment beyond basic medical care
is required, an animal shall be evaluated by a veterinarian as soon as
practicable.
(g) No wildlife
undergoing rehabilitative care shall be altered in the following ways:
1. Spayed or neutered.
2. Descented.
3. Declawed.
4. Amputations beyond what is medically
necessary.
5. Amputations beyond
what is allowed by federal regulations.
(h) Sanitation and Nutritional Requirements:
1. Sanitation, water disposal, and waste
disposal shall be in accordance with all applicable local, state, and federal
regulations.
2. Water: Clean
drinking water shall be provided daily. Animals shall have continuous access to
clean water in a manner which is appropriate for the species. Any water
containers used shall be clean. 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.
3. Food: Food shall be of a type that is
palatable and nutritionally balanced in a form and presentation appropriate to
the animal's natural behavior and medical condition. Specialized diets shall be
at the recommendation of a veterinarian. Food shall be provided in an unspoiled
and uncontaminated condition. Clean containers shall be used for
feeding.
4. 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.
5. Cleaning and maintenance: Hard floors
within cages or enclosures shall be cleaned a minimum of once a week. Bedding
materials shall be changed once soiled. 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 (3) 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.
(i) Wildlife rehabilitation permittees shall
comply with all applicable state and county health regulations or orders,
including, but not limited to, reporting in accordance with paragraph
64D-3.033(1)(e),
F.A.C.
(j) Domestic animals allowed
on the premises shall be fully vaccinated and have no direct contact with
native wildlife undergoing rehabilitation.
(k) Nonnative wildlife shall not be
commingled in the same cage or enclosure with native wildlife authorized under
this permit.
(12)
Disposition requirements.
(a) Wildlife
possessed for rehabilitation purposes shall be held no longer than the
designated rehabilitation period outlined below before it must be released,
euthanized, or deemed non-releasable.
1.
Native Class I and II wildlife, except coyotes, shall be held for a
rehabilitation period as directed by Commission personnel.
2. Beavers and otters shall be held no longer
than twelve (12) months.
3. All
other wildlife shall be held no longer than 180 days.
4. Wildlife may be retained for
rehabilitation purposes longer than the designated period above in instances
where a licensed veterinarian has certified that a longer holding period is
necessary in the interest of the health and welfare of the wildlife. Medical
records concerning all wildlife for which an extension of the designated period
is obtained shall be maintained at the facility and made available for
inspection upon request by Commission personnel.
5. Migratory birds may be retained for
rehabilitation purposes longer than the designated period above for the
purposes of release in accordance with naturally occurring migratory patterns
of the species. Records concerning all wildlife for which an extension of the
designated period is necessary shall be maintained at the facility and made
available for inspection upon request by Commission personnel.
(b) Transfer.
1. Wildlife possessed under the authority of
this permit shall only be transferred under the following conditions:
a. A permittee may transfer wildlife to a
different permitted wildlife rehabilitator for continuation of care and
treatment. If an animal undergoing rehabilitation is transferred to another
wildlife rehabilitator, the designated rehabilitation period does not restart
at time of transfer.
b. A permittee
may temporarily transfer orphaned infant wildlife to their off-site volunteer
in accordance with paragraph (7)(l).
c. A permittee may temporarily transfer
wildlife to a licensed veterinarian for medical treatment in accordance with
paragraph (1)(g).
d. Raptors may
also be temporarily transferred to an individual who holds a valid General or
Master Falconry permit for the falconer to assist in conditioning the raptors
for release to the wild.
(I) The
rehabilitation permittee must provide the falconer with a letter or form that
identifies the bird and explains that the falconer is assisting in its
rehabilitation.
(II) The falconer
is exempt from wildlife rehabilitation facility standards. The falconer must
meet the facility standards specified in Rule
68A-9.005, F.A.C.
(III) The falconer does not have to add the
raptor possessed for rehabilitation purposes to his or her falconry permit; it
will remain under the permit of the rehabilitator.
(IV) Upon coordination with the
rehabilitation permittee, the falconer must release all releasable raptors to
the wild or return them to the rehabilitation permittee for release within the
180-day timeframe in which the permittee is authorized to possess the birds,
unless the Commission or USFWS authorizes the falconer to retain and condition
a bird for longer than 180 days, or unless the permittee permanently transfers
the bird to the falconer in accordance with sub-subparagraph (12)(b)1.e.
below.
e. Raptors may
also be permanently transferred to a General or Master Falconer in order to add
the raptor to the falconer's permit.
(I) The
falconer may acquire a raptor of any age of a species that he/she is permitted
to possess directly from a rehabilitator.
(II) The transfer shall be reported pursuant
to paragraph 68A-9.005(14)(a),
F.A.C.
(III) If the falconer
acquires a bird from a rehabilitator, it will count as one of the raptors the
falconer is authorized to take from the wild that year.
(c) Release.
1. Permission from landowner or manager shall
be obtained prior to release of wildlife.
2. Wildlife shall be released onto suitable
habitat near or at the point of capture, if able. If not able, wildlife shall
be released onto habitat where such wildlife naturally occurs and which will
biologically support the species.
3. Released wildlife shall not create a
public nuisance.
4. Wildlife
capable of surviving in the wild shall be released as soon as practical and
shall not be held for the full designated rehabilitation period specified for
the species in paragraph (12)(a) if unnecessary.
5. Crocodilian species shall not be
released.
6. Mallard ducks
(Anas platyrhynchos), and any fertile hybrids, shall not be
released, in accordance with Rule
68A-4.0052, F.A.C.
(d) Euthanasia.
1. Euthanasia of wildlife shall be
humane.
2. Wildlife that dies while
in the custody of the permittee shall be disposed of or offered to a museum,
university, or other educational facility, in accordance with Rule
68A-12.004, F.A.C.
3. Crocodilians that die or are euthanized
while in the custody of the permittee shall be completely destroyed and
disposed of in accordance with local laws and ordinances. The alligator harvest
report form (FWC form 1001AT, effective April 30, 2000) shall be completed and
signed immediately upon death of the animal and submitted to the Commission
within 30 days of the animal's death. Permittees shall not receive compensation
from alligator parts following the death of the animal.
4. Possession of migratory bird parts or
carcasses shall be in compliance with federal regulations.
(e) Non-releasable wildlife.
1. Wildlife shall not be considered
non-releasable unless such finding is approved by the Commission.
2. All wildlife deemed non-releasable shall
be placed at a permitted facility. The placement shall be approved in writing
by the Commission prior to the placement of such wildlife.
3. In order to be deemed non-releasable due
to mal-imprinting or habituation, all of the following criteria must be met:
a. Attending rehabilitation permittee shall
document in writing that that animal is mal-imprinted or habituated, and steps
taken by permittee to prevent such condition.
b. An independent rehabilitation permittee
shall corroborate the non-releasable condition of the animal, in writing. The
independent rehabilitation permittee shall make an evaluation of the animal in
person. The independent rehabilitation permittee shall not be the sponsor or
Apprentice of the attending rehabilitation permittee.
c. A veterinarian shall corroborate the
non-releasable condition of the animal, in writing. The veterinarian shall make
an evaluation of the animal in person.
d. Commission personnel shall approve the
non-releasable condition of the animal in writing.
4. In order to be deemed non-releasable due
to physical impairment, all of the following criteria must be met:
a. Attending rehabilitation permittee shall
document in writing that that animal is physically impaired.
b. A veterinarian shall corroborate the
non-releasable condition of the animal, in writing. The veterinarian shall make
an evaluation of the animal in person.
c. Commission personnel shall approve the
non-releasable condition of the animal in writing.
5. Animals deemed as non-releasable shall be
permanently identified by means of tattoo, brand, passive integrated
transponder (PIT tag), band (birds only), photographic identification, or other
method that clearly and permanently identifies that particular specimen so as
to be distinguished from other specimens of the same species. Such permanent
identification shall occur no more than five (5) days after the animal has been
transferred.
6. Wildlife deemed
non-releasable due to mal-imprinting or habituation shall be placed with an
independent entity who did not participate in the rehabilitative care of the
wildlife, except as specified in subparagraph (12)(e)7. below.
7. When mal-imprinted or habituated wildlife
is transferred by the Commission to a rehabilitator in an attempt to correct
the mal-imprinted or habituated condition and rehabilitation is unsuccessful,
such non-releasable wildlife may be placed at the current rehabilitation
facility, in accordance with subparagraph (12)(e)2. above.
8. Facility receiving non-releasable wildlife
must maintain documentation of the non-releasable status provided by the
Commission for the life of the animal. Such records shall be maintained with
the animal if the animal is transferred to a different facility.
9. If a facility that received non-releasable
wildlife would like to transfer such non-releasable wildlife to a different
facility, they shall contact Commission personnel for direction on the
placement of the animal.
10. All
non-releasable wildlife shall be maintained in enclosures that meet or exceed
the minimum caging specifications in Chapter 68A-6, F.A.C., except as otherwise
authorized by the Commission.
(13) All wildlife rehabilitation permittees
shall maintain records as specified below. Records shall be maintained at the
permittee's facility for a period of three (3) years and shall be available to
Commission personnel upon request.
(a)
Individual intake records shall be maintained for each live animal entering the
facility for treatment with the exception of groupings of orphaned infant
wildlife of the same species which were admitted on the same day which may be
maintained on the same record. Such intake records shall include the following:
1. Species of wildlife;
2. Number of animals, if in a
group;
3. Location where wildlife
was found, to include the full address of location, if known;
4. Name and contact information for the
individual who found the wildlife or brought the wildlife for treatment, if
known, to include phone number and/or email address;
5. Cause of admission; and
6. Acquisition date.
(b) Individual treatment records for sick or
injured wildlife shall be maintained for each animal admitted to the facility
for treatment, except animals released within seventy-two (72) hours or
euthanized within seventy-two (72) hours of intake. Such treatment records
shall include the following:
1. Treatment
plan, including, but not limited to, diet, medical needs, unique care
requirements, and estimated length of care required for each animal;
2. Name of attending veterinarian, if
applicable; and
3. Type of
treatment performed at the rehabilitation facility.
(c) Care records for orphaned infant wildlife
shall be maintained for all wildlife admitted to the facility for care.
Groupings of orphaned infant wildlife of the same species which were admitted
on the same day may be maintained on the same record. Such care records shall
include the following:
1. Type of care
provided; and
2. If utilizing
off-site volunteers for temporary care, the date of transfer, name of off-site
volunteer, and date of transfer back to the main rehabilitation
facility.
3. Copy of intake and
care records for orphaned infant wildlife shall be maintained at the off-site
volunteer's location while wildlife is temporarily housed for care.
(d) Individual disposition records
shall be maintained for each animal admitted to the facility for treatment.
Such disposition records shall include the following:
1. Disposition date;
2. Method of disposition (transferred,
euthanized, released, deemed non-releasable, or died);
3. If transferred, the full name, facility
address, type of permit, and permit number of the recipient.
4. If euthanized, method of
euthanasia.
5. If released, the
location of release, to include county, city, and closest cross
street.
6. If deemed
non-releasable, the items outlined in subparagraphs (12)(e)3. or 4., and any
record provided to the rehabilitator by the Commission.
(e) Medical records concerning all wildlife
for which an extension of the designated rehabilitation period is
obtained.
(f) If wildlife
rehabilitation permit is revoked, denied, nonrenewed, or dissolved, permittee
shall have ninety (90) days after the final administrative disposition to
lawfully dispose of all captive wildlife previously authorized under the
wildlife rehabilitation permit. Records of final disposition for all wildlife
must be maintained for one (1) year and provided to the Commission within
thirty (30) days after the ninety (90) day lawful disposition period.
(14) Additional regulations.
(a) A permit is valid when issued and expires
December 31 of the second calendar year after issuance.
(b) Commission personnel may relocate
wildlife held under the authority of a wildlife rehabilitation permit at any
time.
(c) Permittees shall be
subject to all provisions outlined in subsections
68A-6.003(2) and
(3), F.A.C.
(d) Permittees or their volunteers shall not
require a fee associated with wildlife rehabilitation services, including but
not limited to the pick-up, delivery, acceptance, or treatment of sick,
injured, orphaned or otherwise impaired wildlife. This limitation shall not
apply to professional fees charged by a licensed veterinarian.
(e) Permittees or their volunteers shall not
represent themselves as agents of the Commission.
(f) Permittees or their volunteers shall not
enter upon the property of another for the purpose of taking possession of
wildlife unless authorized by the owner, lessee, or custodian of the
property.
(g) Volunteers of
rehabilitation permittees may transport wildlife directly to or from the
permitted facility for the purposes of intake, transfer, or release, including
soft release.
(h) Wildlife held
under the authority of this permit shall not be exhibited. For the purposes of
this rule, the following activities shall not be considered exhibition and are
allowed:
1. Live video feed that does not
interfere with the proper rehabilitation of the wildlife.
2. Photographs or videos which display
rehabilitation techniques that are conducted in accordance with this
rule.
(i) Under certain
emergency conditions, such as oil spills, hurricanes, floods, and other natural
or manmade disasters, the Commission may impose additional restrictions or
provide for permit exemptions as may be necessary to safeguard affected
wildlife such as, but not limited to, the coordination and direction of
rehabilitation permittees and their facilities, the assignment of zones for
implementing rehabilitative services, and the authorization of additional
volunteers to aid in the capture and treatment of wildlife.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented Art. IV, Sec. 9, Fla.
Const.
New 11-6-94, Formerly 39-9.006, Amended 8-27-09, 3-24-13,
3-24-13, 7-1-13, 8-2-22, 7-17-23,
4-2-24.