Florida Administrative Code

When used in this rule chapter, the terms and phrases listed below have the meaning provided: (1) Florida Endangered and Threatened Species - species that are designated by Commission rule as either: (a) Federally-designated Endangered and Threatened species as defined below, or …

No person shall intentionally kill, attempt to kill or wound any species that is both designated in Rule 68A-27.003, F.A.C., and designated in 50 C.F.R. 17.11 as endangered. Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History-New…

(1) Federally-designated Endangered and Threatened Species. Species which are native to Florida and which are designated as Endangered or Threatened under the Federal Endangered Species Act (ESA), 16 U.S.C. §1531 et seq. and rules thereto will be listed by the Commission as a Flo…

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History-New 8-1-79, Amended 6-21-82, 7-1-84, 7-1-85, Formerly 39-27.02, Amended 6-1-86, 5-10-87, 4-13-88, 4-11-90, 6-23-98, 6-23-99, Formerly 39-27.002, Amended 7-1-08, Repealed 7-27-10…

(1) The species in subsection (3), are hereby declared to be candidate species for inclusion in Rule 68A-27.003, F.A.C. (2) No person shall intentionally take any candidate species except as authorized by specific permit from the Executive Director. (3) The following species are …

(1) Federally-designated Endangered and Threatened species: (a) No person shall take, possess, or sell any of the endangered or threatened species included in this subsection, or parts thereof or their nests or eggs except as allowed by specific federal or state permit or authori…

(1) Under the Florida constitutional revision that revised Article IV, Section 9 of the Florida Constitution and created Article XII, Section 22, the Commission's constitutional authority does not include authority to regulate marine life when those species meet the definition of…

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History-New 8-1-79, Amended 6-22-80, 7-1-83, 7-1-85, Formerly 39-27.04, Amended 6-1-86, 5-10-87, 4-27-89, 6-23-99, Formerly 39-27.004, Amended 9-29-03, 11-8-07, 5-15-08, Repealed 11-8-1…

(1) The following species are hereby declared to be of special concern, and shall be afforded the protective provisions specified. (2) No person shall take, possess, transport, or sell any species of special concern included in this subsection or parts thereof or their nests or e…

In order to implement a reward program for the reporting of illegal killing, wounding or wrongful possession of Florida Endangered and Threatened Species as defined herein the Commission establishes the following procedures. (1) The Commission will receive information through its…

(1) Permit requirements for the taking of Federally-designated Endangered and Threatened Species: The purpose of this subsection is to eliminate the need for both federal and state permits for take and incidental take of Federally-designated Endangered and Threatened Species. Act…

(1) For mammals not listed in Chapter 68A-27, F.A.C., or not regulated under Chapter 68A-24, F.A.C., the following restrictions control the take as defined in Rule 68A-1.004, F.A.C. of the mammals listed below: (a) None of the following species or their young, homes, dens or nest…

Those state officers who are vested with powers of arrest and those municipal police officers and deputy sheriffs acting within the scope of their police jurisdiction are empowered to enforce all laws or rules relating to wild animal life and freshwater aquatic life. Rulemaking A…

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented 379.3311 FS. History-New 8-1-79, Amended 6-21-82, 7-1-84, Formerly 39-3.04, 39-3.004, Repealed 9-25-18.

Chapter 68A-30, F.A.C., regarding the indexing, management, and availability of final orders, is promulgated pursuant to Section 120.533, F.S., and Chapter 1S-6, F.A.C., and has been approved by the Department of State pursuant to Section 120.53(2)(c), F.S. The purpose of this ch…

(1) The agency shall make final orders accessible to the public by sequentially numbering and indexing final orders in accordance with this chapter, and making final orders and the subject matter index available to the public. (2) The following shall be made available for public …

All agency final orders issued pursuant to Section 120.565, 120.57(1), (2), or (3), F.S., shall be indexed in accordance with the provisions of this chapter. Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 120.533 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 120.53 FS. Hi…

In addition to any internal case or file number which may be assigned by the agency, or any case or file number which may be assigned by the Division of Administrative Hearings, all final orders required to be indexed pursuant to this chapter shall be sequentially numbered, as re…

(1) The index required by this chapter shall be arranged in an orderly and logical fashion intended to facilitate the efficient and accurate retrieval of final orders. The index shall be arranged in accordance with the following: (a) The index shall be alphabetically arranged by …

Final orders that comprise final agency action and that must be indexed pursuant to this chapter shall be permanently maintained by the agency pursuant to the retention schedule approved by the Department of State, Division of Library and Information Services. Rulemaking Authorit…

(1) Commission managed shooting ranges shall be established by order of the Executive Director and maintained on a list titled "Commission Managed Shooting Ranges," dated July 1, 2008, incorporated herein by reference and kept at its headquarters office and regional offices. (2) …

(1) No wildlife or freshwater fish or their nests, eggs, young, homes or dens shall be taken, transported, stored, served, bought, sold, or possessed in any manner or quantity at any time except as specifically permitted by these rules nor shall anyone take, poison, store, buy, s…

(1) Except when Commission rule or permit specifically authorizes take of wildlife or freshwater fish with a gun during non-daylight hours and except to the extent allowed by subsection (2), below, the take of wildlife or freshwater fish with a gun between one-half hour after sun…

(1) Whenever the taking or possession of wildlife or freshwater fish is prohibited, the possession of any carcass or portion of the carcass of such wildlife or freshwater fish is prohibited. The possession of any wildlife or freshwater fish showing evidence of being taken by any …

(1) No person shall release or introduce in the state any wildlife, freshwater fish or any other organism that might reasonably be expected to transmit any disease to wildlife or freshwater fish. (a) Any representative of the Commission may inspect all records, ponds, pools, vehi…

In addition to other requirements of Chapter 379, F.S., and Division 68A, F.A.C., and in order to prevent the introduction of Chronic Wasting Disease (CWD) into the captive and wild deer of this state, no person shall receive, possess, transport, or carry into the state by any me…

(1) No person shall possess, import, sell or otherwise transfer, or release live mallards (Anas platyrhynchos), except as provided in this section and other applicable rules of the Commission. For the purposes of this section, "mallard" includes all Anas platyrhynchos and fertile…

No person shall import or possess the carcass or any parts therefrom of any species in the family Cervidae originating from any place outside of Florida except: (1) Boned-out meat or products thereof; (2) Clean hides with no head attached; (3) Antlers, antlers with a clean skull …

It is hereby made the duty of every person participating in the privileges of taking or possessing wildlife, freshwater fish or parts thereof as authorized by these rules to allow wildlife officers to ascertain whether the requirements of these rules are being followed. No person…

(1) Whenever reference is made in these rules to open season or provision is made to permit the taking or possession of wildlife or freshwater fish, it shall be construed to mean to authorize the taking or possession of wildlife or freshwater fish only in open territory and shall…

Public access and/or vehicular access is prohibited on lands managed by the Florida Fish and Wildlife Conservation Commission (FWC) that are temporarily closed by administrative action because of public safety concern due to disasters, severe weather, severe weather forecasts and…

(1) It shall be unlawful to take or attempt to take wildlife (except for the collection of amphibians or reptiles without the use of a gun and the take of raptors per Rule 68A-9.005, F.A.C.) on, upon or from the right-of-way of any federal, state or county-maintained road whether…

(1) Roads constructed, maintained and controlled by a water control district operating under provisions of Chapter 298, F.S., may be closed to hunting in the following manner. (a) The district board of supervisors shall request such action by formal resolution, accompanied by a m…

(1) No person shall take, possess, injure, shoot, collect, or sell black bears or their parts or to attempt to engage in such conduct except as authorized by Commission rule or by permit from the Commission. (2) The Commission will issue permits authorizing intentional take of be…

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History-New 7-1-85, Amended 5-10-87, 1-6-94, 12-25-95, Formerly 39-4.081, Transferred to 68A-4.0081.

Rulemakiing Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History-New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-5.01, Amended 6-1-86, 10-30-89, 12-25-95, Formerly 39-5.001, Repealed 3-23-09.

Rulemakiing Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.408 FS. History-New 8-1-79, Amended 6-21-82, 7-1-84, 7-1-85, Formerly 39-5.04, Amended 4-19-90, 6-20-90, 4-20-93, Formerly 39-5.004, Repealed 3-24-13.

Rulemakiing Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354(4)(f) FS. History-New 7-1-85, Formerly 39-5.05, Amended 6-1-86, 5-10-87, 4-13-88, 7-1-89, 4-11-90, 4-14-92, 6-1-97, 4-12-98, 6-23-99, Formerly 39-5.005, Amended 5-13-02, 7-28-…

Notwithstanding the provisions of Section 379.354, F.S., any person may take or attempt to take freshwater fish for noncommercial purposes during "Free-Freshwater Fishing Days" without obtaining or possessing a license as otherwise required by that section. "Free-Freshwater Fishi…

The following definitions are for the purpose of carrying out the provisions of the rules of the Fish and Wildlife Conservation Commission relating to the possession of wildlife in captivity, in accordance with Chapter 68A-6, F.A.C. As used herein, the singular includes the plura…

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3761, 379.3762 FS. History-New 6-21-82, Amended 7-5-84, Formerly 39-6.011, Amended 6-1-86, 5-10-87, 4-13-88, 12-19-89, 7-1-90, 4-20-93, Formerly 39-6.0011, Amended 8-27-09, Repeale…

(1) The Commission hereby establishes the following categories of wildlife including their taxonomic successors and subspecies thereof: (a) Class I: 1. Chimpanzees (genus Pan) 2. Gorillas (genus Gorilla) 3. Gibbons and Siamangs (family Hylobatidae) 4. Drills and mandrills (genus …

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented 379.3711, 379.372, 379.3761, 379.3762 FS. History-New 6-21-82, Formerly 39-6.021, Amended 6-1-86, 4-11-90, Formerly 39-6.0021, Amended 8-27-09, Repealed 9-30-19.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3761, 379.3762 FS. History-New 7-1-90, Amended 7-1-90, 7-1-91, 2-1-98, Formerly 39-6.0022, Amended 4-30-00, 1-1-08, 8-27-09, 7-8-10, 4-5-18, Repealed 9-30-19.

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.1025, 379.303, 379.304 FS. History-New 7-1-90, Amended 2-1-98, Formerly 39-6.0023, Amended 8-27-09, Repealed 9-30-19.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304, 379.305, 379.373, 379.374 FS. History-New 2-1-08, Amended 8-27-09, 6-7-10, 12-6-10, Repealed 9-30-19.

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.921 FS. History-New 8-27-09, Amended 12-6-10, Repealed 9-30-19.

(1) Except as otherwise provided in this Title, no person shall possess any native or non-native wildlife in captivity except as authorized by permit issued in accordance with Section 379.3761 or 379.3762, F.S., and as provided in this chapter. (2) No permit shall be issued to an…

(1) Permits to possess wildlife in captivity, issued pursuant to Section 379.3761 or 379.3762, F.S., and the provisions of this chapter, shall authorize the keeping of captive wildlife, of the type and number specified in applications approved by the Commission, in accordance wit…

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.302, 379.303, 379.3711FS. History-New 7-1-90, Amended 7-1-92, 2-1-98, Formerly 39-6.0041, Amended 8-27-09, Repealed 9-30-19.