Rules referenced in 68A-4

Rule Referenced in 68A-4.0052
Effective 1 July 2004

68A-6.0023

68A-6.0023. General Regulations Governing Possession of Captive Wildlife.

(1) No person shall maintain captive wildlife in any unsafe

or unsanitary condition, or in a manner which results in threats

to the public safety, or the maltreatment or neglect of such

wildlife.

(2) Caging Requirements:

(a) All wildlife possessed in captivity shall, except when

supervised and controlled in accordance with subsection (3)

hereof, be maintained in cages or enclosures constructed and

maintained in compliance with the provisions of Rules 68A-6.003
and 68A-6.004, F.A.C.

(b) Cages or enclosures housing captive wildlife shall be

sufficiently strong to prevent escape and to protect the caged

animal from injury, and shall be equipped with structural safety

barriers to prevent any physical contact with the caged animal

by the public, except for contacts as authorized under subsection

(3) of this rule. Structural barriers may be constructed from

materials such as fencing, moats, landscaping, or close-mesh

wire, provided that materials used are safe and effective in

preventing public contact.

be covered at the top to prevent escape (except paddocks,

reptile enclosures and habitats specified below). Class I or

Class II wildlife shall not be kept in uncovered enclosures that

are less than 1,000 square feet, except as specified in Rule

68A-6.004, F.A.C. For the purpose of this section, the following

definitions apply:

1. Paddocks: Areas enclosed by fencing, railing or other

Commission-approved structures which allow animals to graze

or browse.

2. Reptile enclosures: Areas encompassed by smooth walls

or other Commission-approved materials which provide safe

keeping of venomous and non-venomous snakes, crocodilians

and other reptiles.

3. Open air habitats or moated areas: Areas enclosed by

Commission-approved fences, walls, or moats which provide

safe keeping of species specified in Rule 68A-6.004, F.A.C.

(d) Caging considered unsafe or otherwise not in compliance

herewith shall be reconstructed or repaired within 30 days

after notification of such condition. In the event such condition

results in a threat to human safety or the safety of the wildlife

maintained therein, the wildlife maintained therein shall, at the

direction of the Commission, be immediately placed in an

approved facility, at the expense of the permittee, owner, or

possessor, until such time as the unsafe condition is remedied.

In instances where wildlife is seized or taken into custody by

the Commission, said permittee, owner, or possessor of such

wildlife shall be responsible for payment of all expenses

relative to the animal's capture, transport, boarding, veterinary

care, or other costs associated with or incurred due to such

seizures or custody. Such expenses shall be paid by said

permittee, 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 Chapters 372

or 828, F.S., or rules of the Commission, or if such violation is

disposed of under s. 921.187, F.S. Failure to pay such expenses

shall be grounds for revocation or denial of permits to such

individuals to possess wildlife.

(3) 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 controlled in such a manner as to prevent physical

contact with the public, except as follows:

(a) Public contact exhibition.

1. General: All wildlife that will be used for contact with

the public shall have been evaluated by the exhibitor to insure

compatibility with the uses intended. All wildlife shall be

exhibited in a manner that prevents injuries to the public and

the wildlife. The exhibitor shall take reasonable sanitary

precautions to minimize the possibility of disease or parasite

transmission which could adversely affect the health or welfare

of citizens or wildlife. When any conditions exists that results

in a threat to human safety, or the welfare of the wildlife, the

animal(s) shall, at the direction of a Commission officer, be

immediately removed from public contact for an interval

necessary to correct the unsafe or deficient condition.

2. Class I wildlife shall only be permitted to come into

physical contact with the public in accordance with the

following:

a. Full contact: For the purpose of this section, full contact

is defined as situations in which an exhibitor or employee

handler maintains proximate control and supervision, while

temporarily surrendering physical possession or custody of the

animal to another. Full contact with Class I wildlife is authorized

only as follows:

I. Class I cats (Felidae only) that weigh not more than

twenty-five (25) pounds;

II. Chimpanzees, orangutans, and gorillas that are not less

than six (6) months of age and weigh not more than twenty-five

pounds;

III. Gibbons and siamangs not less than four (4) months of

age and not more than two (2) years of age; IV. Elephants as

approved in Rule 68A-6.0042, F.A.C.

b. Incidental contact: For the purpose of this section,

incidental contact is defined as situations in which an exhibitor

or employee handler maintains control, possession and super-vision
of the animal while permitting the public to come into

contact with it. Incidental contact with Class I wildlife is

authorized only as follows:

I. Class I carnivores that weigh not more than 40 pounds;

II. Chimpanzees, orangutans, and gorillas that are not less

than six (6) months of age and weigh not more than 40 pounds;

III. Gibbons and siamangs that are not less than four (4)

months of age: no maximum poundage or age limit.

IV. Elephants

3. Public contact or handling intervals for Class I wildlife

shall be limited as to frequency, intensity, and duration so that

such handling will not adversely affect the health, welfare, or

safety of the animals, nor expose the public to injury.

(4) Any condition which results in wildlife escaping from

its enclosure, cage, leash, or other constraint, or which results

in injury to any person, shall be considered a violation of

subsection 68A-6.0023(1) hereof.

(5) Sanitation and Nutritional Requirements:

(a) Sanitation, water disposal, and waste disposal shall be

in accordance with all applicable local, state, and federal

regulations.

(b) Water: Clean drinking water shall be provided daily.

Any water containers used shall be clean. Reptiles and amphibians
that do not drink water from containers and those in an inactive season
or period shall be provided water in a manner

and at such intervals as to ensure their health and welfare. 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.

the nutritional requirements for the particular species, and shall

be provided in an unspoiled and uncontaminated condition.

Clean containers shall be used for feeding.

(d) 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.

(e) Cleaning and maintenance: Hard floors within cages or

enclosures shall be cleaned a minimum of once weekly. 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

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.

(6) 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.

Specific Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art.

IV, Sec. 9, Fla. Const., 372.021, 372.921, 372.922 FS. History-New

7-1-90, Amended 2-1-98, Formerly 39-6.0023.