372.921 Sec.
372.921. Exhibition or sale of wildlife.— (1)
In order to provide humane treatment and sanitary surroundings
for wild animals kept in captivity, no person, firm,
corporation, or association shall have, or be in possession of,
in captivity for the purpose of public display with or without charge
or for public sale any wildlife, specifically birds, mammals,
amphibians, and reptiles, whether indigenous to Florida
or not, without having first secured a permit from the commission
authorizing such person, firm, or corporation to have
in its possession in captivity the species and number of wildlife
specified within such permit; however, this section does
not apply to any wildlife not protected by law and the rules
of the commission. (2)
The fees to be paid for the issuance of permits required by
subsection (1) shall be as follows: (a)
For not more than 25 Class I or Class II individual specimens
in the aggregate of all species, the sum of $150 per annum. (b)
For over 25 Class I or Class II individual specimens in the
aggregate of all species, the sum of $250 per annum. (c)
For any number of Class III individual specimens in the aggregate
of all species, the sum of $50 per annum. The
fees prescribed by this subsection shall be submitted to the commission
with the application for permit required by sub-section (1)
and shall be deposited in the State Game Trust Fund. (3)
An applicant for a permit shall be required to include in her
or his application a statement showing the place, number, and
species of wildlife to be held in captivity by the applicant and
shall be required upon request by the Fish and Wildlife Conservation
Commission to show when, where, and in what manner
she or he came into possession of any wildlife acquired subsequent
to the effective date of this act. The source of acquisition
of such wildlife shall not be divulged by the commission
except in connection with a violation of this section
or a regulation of the commission in which information as
to source of wildlife is required as evidence in the prosecution of
such violation. (4)
Permits issued pursuant to this section and places where wildlife
is kept or held in captivity shall be subject to inspection
by officers of the commission at all times. The commission
shall have the power to release or confiscate any specimens
of any wildlife, specifically birds, mammals, amphibians, or
reptiles, whether indigenous to the state or not, when
it is found that conditions under which they are being confined
are unsanitary, or unsafe to the public in any manner, or
that the species of wildlife are being maltreated, mistreated, or
neglected or kept in any manner contrary to the provisions of
chapter 828, any such permit to the contrary notwithstanding. Before
any such wildlife is confiscated or released under the
authority of this section, the owner thereof shall have been advised
in writing of the existence of such unsatisfactory conditions;
the owner shall have been given 30 days in which to
correct such conditions; the owner shall have failed to correct
such conditions; the owner shall have had an opportunity for
a proceeding pursuant to chapter 120; and the com-mission shall
have ordered such confiscation or release after careful
consideration of all evidence in the particular case in question.
The final order of the commission shall constitute final
agency action. (5)
In instances where wildlife is seized or taken into custody
by the commission, said owner or possessor of such wildlife
shall be responsible for payment of all expenses relative
to the capture, transport, boarding, veterinary care, or other
costs associated with or incurred due to seizure or custody
of wildlife. Such expenses shall be paid by said owner or
possessor upon any conviction or finding of guilt of a criminal
or noncriminal violation, regardless of adjudication or plea
entered, of any provision of chapter 828 or this chapter, or rule
of the commission or if such violation is disposed of under s.
921.187. Failure to pay such expense may be grounds for revocation
or denial of permits to such individual to possess wildlife. (6)
Any animal on exhibit of a type capable of contracting or
transmitting rabies shall be immunized against rabies. (7)
The provisions of this section relative to licensing do not
apply to any municipal, county, state, or other publicly owned
wildlife exhibit. The provisions of this section do not apply
to any traveling zoo, circus, or exhibit licensed as provided
by chapter 205. (8)
This section shall not apply to the possession, control, care,
and maintenance of ostriches, emus, and rheas, except those
kept and maintained primarily for exhibition purposes in zoos,
carnivals, circuses, and other establishments where such species
are kept for display to the public. (9)
The commission is authorized to adopt rules pursuant to ss.
120.536(1) and 120.54 to implement the provisions of this section. (10)
Aviolation of this section is punishable as provided by s.
372.83. History.—s.
1, ch. 67-290; ss. 19, 35, ch. 69-106; s. 16, ch. 78-95; s. 4,
ch. 78-323; s. 84, ch. 79-164; s. 27, ch. 83-85; s. 32, ch. 83-218; s. 8,
ch. 91-134; s. 2, ch. 93-223; s. 590, ch. 95-148; s. 5, ch. 98-333; s. 173,
ch. 99-245; s. 33, ch. 2002-46; s. 9, ch. 2003-151.
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