Florida Administrative Code

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History-New 2-1-98, Formerly 39-6.0042, Repealed 9-30-19.

(1) Because the possession of wildlife in accordance with Section 379.3761, F.S., is commercial in nature any person permitted to possess wildlife per Section 379.3761, F.S., except hobbyist possessors of Class III wildlife, shall demonstrate consistent and sustained commercial a…

(1) Only a corporation that is licensed in accordance with Section 379.3761, F.S., and exempt from taxation under section 501(a) of the Internal Revenue Code and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such code, may operate a wildlife sanctuary for captive wildli…

(1) No person, firm, or corporation shall use elephants for rides without first obtaining written authorization from the Commission. Such authorization shall be applied for annually with the license issued under Section 379.3761, F.S. and subsection 68A-6.004(c), F.A.C. (2) Defin…

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304, 379.305, 379.372, 379.373, 379.374 FS. History-New 1-1-08, Amended 1-8-08, 8-27-09, Repealed 9-30-19.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, 379.372, 379.373, 379.374, 379.3761, 379.3762 FS. History-New 1-1-08, Amended 1-8-08, 8-23-10, Repealed 9-30-19.

(1) No person shall possess any wildlife requiring a permit for personal use, or any wildlife for sale or exhibition, without documentation of the source and supplier of such wildlife. Possessors of such wildlife must maintain an accurate record of changes in inventory including …

(1) No person shall maintain captive wildlife in a manner which results in any of the following: (a) An unsanitary condition; (b) An unsafe condition; (c) A threat to public safety; (d) Maltreatment, neglect, or injury of such wildlife; (e) An injury to a person as specified in s…

(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…

Additional requirements for specific species shall be as follows: (1) Group I - Chimpanzees (over 50 pounds), gorillas, orangutans. (a) Outdoor facilities - Cage construction materials shall consist of steel bars, two-inch galvanized pipe, masonry block or their strength equivale…

(1) No captive wildlife shall be confined in any cage or other enclosure which contains more individual animals, or is smaller in dimension than as specified in this section, or is not equipped as specified in this section, except as defined in Rule 68A-6.013, F.A.C., or as autho…

Additional cage or enclosure requirements for primates: In addition to requirements of this section, each cage or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may incl…

In addition to the enclosure requirements for this paragraph, each enclosure shall have a shelter(s). (1) Cervids (deer family) and cursorial bovids (antelope). (a) Large (e.g., elk, sambar, red deer, sable antelope, eland, wildebeest, and deer and antelope of similar size). For …

In addition to the enclosure requirements for this paragraph, each enclosure shall have a shelter(s). (1) Equids (e.g., zebras, asses). For one or two animals, a paddock enclosing 1,250 square feet, 6 feet high. For each additional animal, increase paddock by 25 percent of the or…

(1) Non-performance. For one animal in a non-performing static facility, a paddock enclosing 1,500 square feet, 6 feet high, with access to a shelter. For each additional animal, increase paddock size by 50 percent of the original area. Elephants which are tethered within such en…

(1) Rhinos. (a) For one animal, a paddock enclosing 1,500 square feet, 5 feet high. For each additional animal, increase the paddock by 50 percent of original paddock area. (b) Access to a shelter shall be provided. (2) Hippopotamus (e.g., Nile and pygmy). (a) Nile. 1. For one an…

(1) Reptiles. In addition to requirements for this section, each enclosure shall be provided with an environment or devices that allow for temperature regulation necessary to ensure the well-being of the species. The environment or devices shall be non-injurious, and may include,…

Perching birds shall be provided with a perch of a diameter sufficient to prevent the meeting of the bird's claws, and of sufficient height to prevent floor contact. Perches and perching areas shall be sufficient to accommodate all birds in the enclosure simultaneously. Perches s…

In addition to requirements of this section, each cage or enclosure shall be equipped with a shelter(s)/nest box(es) large enough to accommodate all the animals in the enclosure simultaneously. Each enclosure shall have an accessible device to provide physical stimulation or mani…

In addition to the requirements of this section, each cage or enclosure shall be equipped with a shelter(s)/den(s) that shall accommodate all the animals in the enclosure simultaneously. Each enclosure shall have an accessible device to provide physical stimulation or manipulatio…

In addition to the requirements of this section, each cage or enclosure shall be equipped with a shelter(s) that shall accommodate all animals in the enclosure simultaneously. Each enclosure shall have an accessible device to provide physical stimulation or manipulation compatibl…

(1) Raccoons, coati-mundis, olingos, kinkajous, ringtail (cacomistles). In addition to the requirements for this section, each cage or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be nonin…

(1) Rodents. In addition to the requirements for this section, each cage or enclosure shall have an accessible device to provide physical stimulation or manipulation compatible with the species. Such device shall be noninjurious, and may include, but is not limited to, boxes, bal…

In addition to requirements of this section, each enclosure shall be equipped with a shelter(s) or nest box(es) that shall accommodate all the animals in the enclosure simultaneously. When vegetation or landscaping is available to serve as protection from the elements, access to …

(1) All armadillos except giant armadillo. (a) For one or two animals, a cage or enclosure, 4 feet by 4 feet, 4 feet high. For each additional animal, increase the cage length by 25 percent. (b) Cage floors shall include an area of sufficient depth to provide for digging. Each ca…

(1) Bats with a wingspread from 2-6 feet. (a) For up to 6 animals, an enclosure 21 feet by 21 feet, 6 feet high. Each enclosure shall be designed to encourage uninterrupted flight by incorporating a center structure to impede cross flights. The available flight area shall be no l…

Wildlife may be temporarily housed in cages or enclosures smaller than the sizes set forth in this Chapter only under the following circumstances: (1) For transport and for performing and non-performing animals as specified in Rules 68A-6.014 and 68A-6.015, F.A.C. (2) Wildlife be…

(1) No person shall import, export, transport, ship or deliver in interstate or intrastate commerce any container or package containing any live wildlife unless each container or package bears, in a conspicuous place on the outside, a tag with both the name and address of the shi…

(1) Performing Animals. No mobile exhibit shall utilize the performing animal caging dimensions prior to approval by the Commission. To obtain such approval, the permittee shall provide written schedules to the Commission of wildlife exercise intervals and scheduled performances.…

Unconfined captive wildlife shall be maintained under rigid supervision and control, so as to prevent injuries to members of the public. No captive wildlife shall be tethered outdoors unsupervised. To provide for public safety, all wildlife shall be tethered or controlled in such…

(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 thi…

(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 re…

Any person who possesses any live venomous reptile or reptile of concern shall have a permit issued in accordance with Section 379.372, and if applicable, Section 379.3761, F.S., and comply with Section 379.304, F.S., and the provisions of this rule, Rules 68A-6.017 and 6.0171, F…

(1) Any person who keeps or possesses any live reptile of concern; or who keeps or possesses for personal use any live venomous reptile not indigenous to Florida or any live reptile of concern, in accordance with Sections 379.372 and 379.373, F.S., must permanently identify such …

(1) Any person in possession of captive wildlife which requires a license or permit issued under Sections 379.3761, 379.3762, or 379.372, F.S., or those facilities exempt from licensure pursuant to Section 379.3761(4), F.S., shall report any injury from such wildlife which result…

(1) The executive director may issue permits authorizing the taking or possession of wildlife or freshwater fish or their nests or eggs for scientific, educational, exhibition, propagation, management or other justifiable purposes. Such permits shall be subject to such terms, con…

The Florida Fish and Wildlife Conservation Commission recognizes that there are justifiable reasons to allow for the harvest, collection, possession, or release of freshwater fish species that otherwise would be in violation of one or more of the state's freshwater fisheries regu…

(1) In addition to other licenses, permits and stamps required by law, stamp requirements for hunting, camping, fishing, or other recreational uses on lands owned, leased or managed by the Commission or the State of Florida for the use and benefit of the Commission shall be as pr…

(1) No person may possess any raptor for falconry purposes without a permit from the executive director, or as otherwise provided herein. No falconry permit will be issued to any person failing to qualify on a written examination prior to initial application, nor to any person un…

(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 pos…

Special-use permits, short-term use permits, and fees for such permits are hereby established as follows: (1) Limited entry (special hunting and fishing) opportunities for which special-use permits are required shall be established by rule or, for small-game areas, by order of th…

The executive director or his designee may issue permits, to persons who are permanently physically disabled as described below, for activities which would otherwise be regulated or prohibited by these rules. Such permits shall be conditioned as necessary to protect natural resou…

Any person owning property may take nuisance wildlife or they may authorize another person to take nuisance wildlife on their behalf except those species listed in subsection (1), below, on their property by any method except those methods listed in subsection (2), below. Persons…

Any airport may take wildlife on airport property for the purpose of ensuring aircraft and human safety in accordance with this rule. An airport or other entity owning or operating an airport as defined in Section 330.27(2), F.S., or their officers, employees, contractors (or emp…

(1) The waters of Biscayne Bay, Card Sound, and Little Card Sound hereinafter described are declared to be a nursery sanctuary for the purpose of protecting the spiny lobster. The boundaries of the sanctuary are as follows: Begin at the intersection of the northern right-of-way o…

For the purpose of this chapter, except where the context clearly requires otherwise: (1) "Headland" means a point on the mean high water line of a coast at or near the mouth of a creek, canal, cut or other waterway, at which there is an appreciable change in direction of the gen…

It is unlawful for any person to molest, take or trap any spiny lobster, for any purpose, within the boundaries of the sanctuary, unless such person holds a special permit issued by the Fish and Wildlife Conservation Commission. The Commission may issue a special permit for the t…

The presence of spiny lobster aboard a vessel within the boundaries of the sanctuary, while one or more persons from such vessel are overboard, is prohibited and constitutes a violation of this chapter by all persons aboard and overboard from such vessel; provided, however, that …

(1) The purpose of this chapter is to renew and assure the continuing health and abundance of the king mackerel fishery in Florida waters of the Gulf of America and Atlantic Ocean herein designated as the Florida Gulf-Atlantic Fishery. This measure is founded upon evidence public…

For the purpose of this chapter, except where the context clearly requires otherwise: (1) "Commission" means the Florida Fish and Wildlife Conservation Commission. (2) "Gulf-Atlantic Fishery" means all Florida waters of the Gulf of America and all Florida waters of the Atlantic O…