Fla. Admin. Code Ann. R. 68A-12.011 - Regulations Governing Game Farms

(1) No entity shall establish or maintain a game farm within this state to allow the possession of captive-reared game birds, defined per subsection 68A-1.004(37), F.A.C., and game mammals of the families Cervidae, Suidae, and Bovidae for the purpose of breeding, sale, or consumption unless permitted pursuant to Sections 379.302 and 379.3711, F.S., and in accordance with this chapter. Entities permitted pursuant to Section 379.3761, F.S, and Rule 68A-6.003, F.A.C. (exhibition and sale permit), authorized to possess captive-reared native or non-native game animals for breeding or sale, shall not sell such animals to game farms or hunting preserves. Any person who is in possession of any animals in the family Cervidae, for any purpose, shall comply with Rule 68A-4.0051, F.A.C. No initial game farm permit shall be issued until the premises of such game farm have been inspected by a representative of the Commission and the requirements of this rule have been met. Native or non-native game animals held under the authority of a game farm permit shall not be released from the farm into the wild at any time.

(2) Definitions: For the purposes of this section, the following shall be defined as:

(a) Dissolve - the legal process of winding down and officially closing an entity or organization, involving the cessation of all permitted activities, including possession of wildlife.

(b) Employee - any hired or contracted person who works or performs services, or serves as an agent, for a permittee or at a permitted facility, whether paid or unpaid.

(c) Full shade - shade which lasts all day long and provides greater than or equal to 80% reduction in sunlight.

(d) Game farm - includes any area set aside for possession of captive-reared native or non-native game birds or game mammals of the families Cervidae, Suidae, and Bovidae for the purpose of breeding, sale, or food.

(e) Original floor area - The total square footage required for the initial number of animals specified.

(f) Paddocks - open-air areas enclosed by fencing, railing or other Commission-approved structures which contain and allow animals to graze and/or browse.

(f) Predator barrier - supplemental materials added to the bottom and/or exterior of approved fencing to prevent entry of predators. Barriers may include but are not limited to buried fence wire, electrified fence wire, gravel, rocks, concrete, or other natural/manmade materials.

(g) Refusal - when a permittee, applicant, or employee intentionally denies access by Commission personnel to the facility, inventory or facility's records for the purposes of inspection, or directs another to deny such access.

(i) Shelter - A permanent or portable man-made structure with one or more walls with a roof, or a roof without walls, or a natural structure (including but not limited to trees and shrubs) that protects animals from negative environmental factors.

(j) Tolling - to lead animals outside of an enclosure using a trail of bait.

(k) Water gap structure - materials utilized in areas containing or likely to contain flowing water in order to allow water and debris to move freely through the section of fence affected by the flowing water so as to maintain the integrity of the fence.

(3) General qualifications: permittees or applicants for a game farm permit shall:

(a) Be at least 18 years of age, unless applicant has a parent or legal guardian as a co-permittee.

(b) Make reasonable efforts to flush all wild native game species out of the intended game farm area prior to completion of the perimeter fence. Reasonable efforts shall include but not be limited to tolling, baiting, and driving.

(c) Not have refused a captive wildlife inspection within three years preceding the date of application.

(d) Not have been convicted of any violation of game farm, hunt preserve, or captive wildlife regulations involving unsafe housing of wildlife or any violation which potentially endangers the public; any violation involving the unlawful commercialization of wildlife; any violation involving cruelty, maltreatment, or neglect to animals; or any violation involving importation of wildlife within three years of the date of application.

(e) Meet the experience requirements for Class I Bovidae authorization and submit required documentation, as outlined in Rule 68A-6.004, F.A.C., if seeking authorization to possess such Class I Bovidae.

(f) Experience requirements shall not apply to applicants for permits to possess Class II Bovidae on a game farm permit issued in accordance with Sections 379.3711 and 379.3712, F.S.

(4) Permit application requirements: An applicant shall make application to the Commission by submitting the online application through http://www.GoOutdoorsFlorida.com. An applicant for a game farm permit shall provide the following information:

(a) The applicant's, and co-applicant's if applicable, 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 (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 game farm is located to include city, state, parcel number(s), and zip code. If the address is a rural route, the applicant shall provide directions to the location of the game farm.

(e) Whether the facility is owned or leased by the applicant. A copy of the valid and current lease agreement shall be submitted annually with the application in the event that the facility location is under lease to the applicant. If leased, the lease agreement shall be for a term sufficient to cover the term of the permit. Applicants under 18 years of age must have a parent or legal guardian as a co-permittee who shall provide such lease if applicable.

(f) The county or counties where the game farm is located and the size (in acres) of the area to be fenced and utilized for the game farm.

(g) The current estimated inventory of game possessed, identified by species and quantity. If no inventory of game is currently possessed, then the planned inventory shall be provided, identified by species.

(h) The applicant's driver's license number/ID number and a copy of the applicant's valid government-issued photo ID.

(i) Emergency contact information including name and phone number for an individual who is not the permittee or applicant.

(j) Acknowledgment by the applicant, and co-applicant if applicable, that the information provided in the application is true, accurate, and complete.

(5) Any corporation authorized to do business in Florida may apply for a game farm permit.

For corporations authorized to possess Class I Bovidae, such corporation shall have qualified personnel responsible for the care of such wildlife. The corporation shall provide documentation of experience for at least one person, in accordance with Rule 68A-6.004, F.A.C. Such documentation of experience shall be submitted to the Commission and shall be subject to approval upon initial application and upon each instance of change in qualified personnel. Such qualified person shall be an employee of the permitted corporation.

(6) Permittees shall be responsible for any game farm or hunting preserve violation(s) occurring at their facility or committed by their employees.

(7) Only the following shall be possessed on a game farm: game mammals of the families Cervidae, Suidae, and Bovidae, and game bird species, as specified herein. Only captive-reared animals originating from a permitted entity shall be possessed on a game farm.

(8) Caging for game birds and mammals shall meet the specifications below and shall be constructed and maintained in such a manner as to prevent escape of captive-reared game. Requests for deviations from standard caging or enclosure requirements may be granted to allow for different size configuration (length, width and height) if the required square footage is adequate and if the locomotory needs of the animal(s) are not compromised. Any proposed deviations from the standard caging or enclosure requirements shall be approved in writing by the Commission prior to the use of the cage or enclosure for housing animals.

(9) Facility requirements:

(a) Game farm boundaries shall not exceed an area of 2,000 acres and shall be owned or leased by the applicant. No game farm shall join, connect to, or share a common fence with another game farm.

(b) Shelter shall be provided to all game birds and mammals.

1. For game mammals, such shelter shall provide no less than 10 square feet of full shade per animal, which is continuously available and sufficient to cover the body mass of all animals in any posture housed within any enclosure. Shade can be provided by different structures over the course of the day, including natural vegetation.

2. For game mammals, any man-made shelters constructed of 3 or more walls shall be constructed with gaps in the walls to allow for the circulation of air and to allow animals within the shelter to see beyond the walls. If natural vegetation (including but not limited to trees and shrubs) is utilized to fulfill the shelter requirement in subparagraph (9)(b)1., any additional man-made shelters shall not be required to be constructed with gaps in the walls.

3. For game birds, such shelter shall provide full shade which is continuously available and sufficient to cover the body mass of all animals housed within any enclosure. Shade can be provided by different structures over the course of the day.

(c) All game farms enclosures shall be fenced in such a manner that game thereon cannot escape and wild game of the families Cervidae, Bovidae, and Suidae on surrounding lands cannot enter. Perimeter fencing shall meet the following criteria:

1. Fencing for game mammals:

a. Fence construction materials shall consist of not less than 12.5-gauge high-tensile class III galvanized steel wire with fixed knots or strength-equivalent material, and shall be attached to posts at no less than 5 equidistant locations with clips, staples, ties or other means used to connect fencing to posts that are a minimum of 14.5 gauge or strength equivalent material. For Class I Bovidae, construction materials shall meet the requirements of subsection 68A-6.011(3), F.A.C.

b. Fence shall be no less than 8 feet in height, unless specified elsewhere. Fences may be installed up to 3 inches above the ground, provided that a strand of high-tensile barbed wire not less than 15.5 gauge is strung across the bottom. In addition, 1 strand of high-tensile barbed wire not less than 15.5 gauge may be strung no higher than 6 inches above the fence panel in order to achieve the 8-foot height requirement. Permittees shall maintain minimum fence height by leveling built up earthen material which has migrated to the base of the fence due to natural causes.

c. Fence(s) shall be constructed of commercially manufactured single panels of fencing material, except as otherwise specified. Such fencing material shall be attached to singular construction posts no greater than 25 feet apart in a manner that ensures the fence maintains an above ground 8-foot vertical height, unless specified elsewhere, so as to prevent escape. The posts shall be securely anchored and braced at corners and elsewhere as necessary to keep the fence properly stretched and erect.

d. Fencing material shall have no greater than 7 inches between manufactured knots and be free of broken wires or gaps.

e. Mounding type predator barriers shall not extend outward from the base of the perimeter fence more than 28 inches and not be higher than 20 inches from the ground. Predator barriers shall not provide increased accessibility for non-predator species into fenced enclosure.

2. Game farms with permits which are current on November 22, 2018 will have two years from November 22, 2018 to come into compliance with the above fencing requirement unless they meet the limited exception conditions below. Game farms with permits which are current on November 22, 2018 that meet the specifications below do not need to update their fencing except for new construction or with replacement of over 250 feet of existing fencing.

a. Existing fence is a minimum of 14.5 gauge steel wire or strength-equivalent material.

b. Fence shall be no less than 8 feet in height. One strand of barbed wire not less than 15.5 gauge may be strung no higher than 6 inches above the fence panel in order to achieve the 8-foot height requirement.

c. Fencing material is attached to singular construction posts no greater than 25 feet apart in a manner that ensures the fence maintains an above ground 8-foot vertical height, unless specified differently elsewhere, so as to prevent escape. The posts shall be securely anchored and braced at corners and elsewhere as necessary to keep the fence properly stretched and erect.

d. Fencing material shall have no greater than 8 inches between manufactured knots and be free of broken wires or gaps.

e. Facilities with game farm permits current on November 22, 2018 which have fencing that is not constructed of commercially manufactured single panels of steel wire mesh shall not be required to replace existing panels with commercially manufactured single panels, provided that the existing fencing meets the following specifications:

(I) Panels are a minimum of 14.5 gauge wire or strength-equivalent material.

(II) Posts are securely anchored and braced at corners and elsewhere as necessary to keep the fence properly stretched and erect so as to prevent any gaps greater than 8 inches between the panels.

(III) Panels are connected with strength-equivalent material or stronger at intervals that prevent gaps that could allow captive game mammals to escape.

(d) Minimum caging requirements for game mammals:

1. Caging shall be designed and built to prevent injury and escape.

2. Nest boxes and dens shall be built to allow for accurate inventory.

3. Cervidae (deer family) and cursorial Bovidae (antelope):

a. Large (e.g., elk, sambar, red deer, sable antelope, eland, wildebeest, and deer and antelope of similar size): For one or two animals, a paddock enclosing 1,250 square feet, 8 feet high. For each additional animal, increase paddock by 25% of the original footage, not to exceed 25 animals per acre.

b. Medium (e.g., white-tailed, fallow, axis, sika, pronghorn, deer and antelope of similar size): For one or two animals, a paddock enclosing 800 square feet, 8 feet high. For each additional animal, increase paddock by 25 percent of the original footage, not to exceed 50 animals per acre.

c. Small (e.g., roe, dik-dik, muntjac, brocket, pudu, Chinese water deer, musk deer, deer and antelope of similar size): For one or two animals, a paddock enclosing 450 square feet, 5 feet high. For each additional animal, increase paddock by 25% of the original footage, not to exceed 75 animals per acre, except in accordance with subparagraph (13)(a)3. below.

4. Wild swine (Suidae) and peccaries: For one or two animals, a paddock enclosing 200 square feet, 4 feet high. For each additional animal, increase paddock by 25% of the original footage.

5. Wild goats/sheep (Caprinae): For one or two animals, a paddock enclosing 500 square feet, 8 feet high. For each additional animal, increase paddock by 25% of the original footage.

(e) Enclosures for game birds shall:

1. Be constructed of materials sufficient to prevent escape or injury of birds.

2. Provide protection from predators.

3. Provide adequate space to allow the birds to have normal postural movements, stand erect and turn around without touching the sides of the enclosure or other wildlife.

(f) Enclosures for waterfowl shall include pool(s) of water, as follows:

1. For small to medium (e.g., green-winged teal, mallard and similar sizes ducks, geese): no less than 7.5 square feet of water area with a water depth of no less than 7 inches.

2. For large (e.g., geese, swans, and similar size): no less than 15 square feet of water area with a water depth of no less than 7 inches.

(g) Game animals held under a game farm permit shall not be commingled in the same enclosure with game held under a hunting preserve permit, except as allowed in paragraph (12)(b).

(h) Perimeter gates shall maintain the required height for the species held within and shall be constructed of no less than 12.5-gauge steel wire or strength equivalent material. The bottom of all perimeter gates shall be no more than 6 inches from the ground. A perimeter gate shall be no more than 50 feet in width. Perimeter gates shall remain closed when not actively being used for ingress or egress. Perimeter gates shall be secured when closed so gaps greater than 8 inches do not occur at any time.

(i) Water gap structures, if utilized, shall meet the following criteria:

1. Water gap structures shall be constructed and maintained in a manner and condition to prevent escape of captive-reared game maintained on the game farm or entry of native wild game.

2. Water gap structures shall only be utilized in areas containing or likely to contain flowing water.

3. Water gap structures shall be constructed of one or more of the following materials:

a. Rubber belts, not less than one-half (1/2) inch thickness.

b. Welded wire, not less than 9-gauge, or strength-equivalent material, securely attached to a metal frame.

c. Pressure treated lumber, not less than one-inch thickness.

d. Weather-proof composite boards, not less than one-inch thickness.

e. Metal sheets, not less than one-quarter (1/4) inch thickness.

4. Water gap materials shall be securely attached to the fencing material with galvanized metal, stainless steel, or aluminum connecting material. Such connecting materials may be coated with a waterproofing material.

5. Water gap structures consisting of separate hanging units shall have a gap no more than 3 inches between each hanging unit.

6. In areas where water gap structures are utilized, height of water gap structure and fence combined shall be no less than 8 feet in height measured from the natural ground level outside of the area susceptible to water flow.

7. Water gap structures shall be locked or secured to form an immovable vertical barrier when water is not flowing.

8. Debris which would prevent the water gap structure from being locked or secured in place shall be removed within 24 hours of water receding to normal water level.

9. Water gap structures shall be approved by the Commission before use.

10. Any water gap structures in use on June 2, 2025, shall have one year after June 2, 2025, to come into compliance with the requirements above.

(10) Game farms and the physical facilities and installations of any game farm are subject at any time to inspection by Commission personnel, to verify compliance with Commission rules and other applicable laws. Refusal of any such inspection shall result in revocation of an issued game farm permit.

(11) Game farms shall be equipped and operated in such a manner as to provide sufficient food and humane treatment for the game kept thereupon. A continuous source or supply of clean water shall be readily available at all times for all game. Access to bodies of water for cooling should be considered for those species which will utilize it. The premises, pens, and facilities of all game farms shall be maintained in a sanitary condition.

(12) Game birds or mammals may be temporarily housed in cages or enclosures smaller than the sizes set forth in subsection (9) above, only under the following circumstances:

(a) For transport, in accordance with the requirements of subsection (13), below.

(b) Wildlife being held for sale by those persons properly permitted pursuant to Section 379.3761 or 379.3711, F.S., or for veterinary care, or quarantine may be temporarily housed or caged in smaller cages or enclosures or commingled with hunt preserve animals for a period not to exceed 60 days. With written notification to the Commission, this period may be extended in circumstances where a licensed veterinarian has certified 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 60-day period is obtained shall be maintained at the facility and shall be made available for inspection, upon request, by Commission personnel. The caging or enclosure 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. All wildlife caged or housed as outlined above, shall be permanently marked or their enclosures shall be permanently marked so as to be traceable to written records indicating the date the wildlife was placed in temporary holding. Such records shall be maintained and made available for inspection by Commission personnel. Commission personnel shall direct dealers to mark wildlife temporarily if, upon inspection, there is no record indicating the date the wildlife was placed in temporary holding.

(c) Juvenile individuals of the families Suidae, Cervidae and Bovidae may be kept in enclosures that do not meet the size specifications in paragraph (9)(d) until the animal reaches six months of age. Duration may be extended with a veterinarian's statement, showing that such size cage is required for the continued health and welfare of the animals until a specified date. Such caging may be utilized provided that:

1. Written documentation is available to verify the age of the animal.

2. The animal is marked or otherwise identifiable.

3. The animal shall be provided space for exercise on a daily basis.

4. The enclosure shall allow normal postural movement.

(d) Hatchling/fledgling birds may be held in enclosures that allow for normal postural movements and social adjustments that ensure the health and sanitary needs of the animals.

(e) Cages or enclosures for mobility-impaired animals shall meet standard caging requirements, unless it can be demonstrated that such cage or enclosure, or its required accessories, are detrimental to the health or welfare of the animal. In such cases, written documentation by a veterinarian confirming the need for the exemption shall be maintained by the permittee and made available to Commission employees upon request.

(f) Animals held at exotic animal auctions, flea markets, and animal swap meets may be kept in enclosures that do not meet the size requirements of paragraph (9)(d), provided that such wildlife is maintained in accordance with this paragraph. The owner shall be responsible for the welfare of the animals, unless the wildlife is consigned to an auctioneer or other sales representative, at which time the consignee shall be responsible.

1. Wildlife shall be transported and held in non-injurious enclosures, under conditions that provide fresh air without injurious drafts, and shall be provided protection from the elements.

2. Wildlife shall be protected from temperature extremes that could be detrimental to the health and welfare of the animals.

3. A continuous source or supply of clean water shall be readily available at all times for all game.

4. Fecal and food waste shall be removed from the wildlife's enclosures daily.

5. Wildlife held in the same enclosures shall be kept in compatible groups.

6. Wildlife cages/enclosures shall not be stacked over other cages/enclosures unless excreta are prevented from entering lower cages/enclosures.

7. Sick or injured wildlife shall be afforded prompt and appropriate treatment.

(13) When live game is being transported, the transporter of such game shall be permitted to possess such game or shall be an employee of a permittee authorized to possess such game. Any individual transporting Class I Bovidae shall be permitted for possession of such Class I Bovidae. The transporter of live game shall have a copy of records required in paragraph (15)(c) below while in transit.

(a) Any enclosure containing such game shall be clearly marked as follows:

1. For game that is transported in a cage or enclosure, the cage or enclosure shall be clearly labeled "Live Animal." The cage or enclosure shall also be clearly and visibly marked with a label including the common names of each species and the quantity of each species.

2. For game that is transported in a trailer, compartment of a trailer, or vehicle, a label stating, "Live Animal" shall be affixed to every access door(s), or attached to any locking mechanism securing such access door(s), with lettering not less than one inch in height and in a contrasting color to the trailer. A list containing the common names of each species and the quantity of each species shall be maintained in the vehicle.

3. Any transport cages, enclosures, or trailers utilized to transport wildlife shall be as follows:

a. Of sufficient strength and security to prevent escape.

b. Large enough to ensure that each individual animal has sufficient space to turn, stand erect, and lie naturally; however, certain species may be restricted in their movements according to professionally acceptable standards when freedom of movement would constitute a danger to the animals, their handlers, or other persons.

(14) Those game farms acquiring, possessing, selling or otherwise disposing of deer, elk or other members of the family Cervidae shall comply with Rules 68A-4.005, 68A-4.0051 and 68A-4.0053, F.A.C., concerning introduction, importation, movement, and transportation requirements. Those game farms acquiring, possessing, selling or otherwise disposing of mallard ducks shall also comply with Rule 68A-4.0052, F.A.C.

(15) Any person holding a game farm permit shall maintain a record of each of the following changes in captive inventory, which shall be open to inspection upon request by Commission personnel and shall be maintained for a minimum of five years from the date of acquisition, transfer, sale, or harvest:

(a) Records of acquisition, which shall include the date of acquisition; quantity and species of game acquired; name and complete address of supplier; FWC permit identification number of the supplier, if acquired in Florida; and relevant importation permit, where applicable.

(b) Animals harvested by the permittee or their employees. Such record shall include the date of harvest, quantity and species of game taken.

(c) Records of sale or transfer, which shall include the date of sale or transfer; quantity and species of game sold or transferred; name and complete address of the entity to which game is sold or transferred; and FWC permit identification number of the recipient, where applicable. Such records shall be available for inspection upon request by Commission personnel.

(d) Any person holding a game farm permit who conducts intrastate movement of deer, elk, or other members of the family Cervidae shall keep and maintain copies of all records of compliance with Rule 68A-4.0051 and Chapter 5C-26, F.A.C., regarding the importation or intrastate movement of such deer, elk, or other members of the family Cervidae.

(16) All game, except captive white-tailed deer, possessed or sold for food or consumptive purposes shall be killed on the premises of the game farm or transported to a recognized slaughter establishment for immediate processing. In instances where live game is transported to a recognized slaughter establishment for immediate processing, a copy of the current and valid game farm permit of the farm where such game was produced shall accompany the live game in transport. In instances where live game is sold or transferred, the transporter of such game shall be permitted or otherwise authorized by the Commission to possess such game. Harvested game possessed, sold or transferred for food or consumptive purposes shall comply with the following provisions:

(a) Each game bird or the sealed container in which game birds are placed shall be clearly marked with the species and the name, complete address, and FWC permit identification number of the game farm producing such game birds.

(b) Deer meat (venison) from species of deer not native to the state shall only be sold when packaged in a tamper-proof container clearly marked with a label stating, "NON-NATIVE VENISON, PRODUCED ON A LICENSED GAME FARM" and shall include the name of the species. Additionally, each container shall be clearly marked to indicate the name, complete address, and FWC permit identification number of the game farm producing such venison.

(c) Any harvested game stored on the premises of the game farm that has been sold or transferred shall be clearly marked or tagged to reflect the name and complete address of the recipient, species name, person who harvested the animal, date of harvest and date of sale or transfer.

(d) Game harvested on a game farm and stored on the premises shall not be commingled with game taken from the wild and shall be marked with the species name and date of harvest.

(e) Game farms shall also comply with any applicable state and federal statutes or regulations relating to food safety, quality control, inspections, transportation, sale and regulation of foodstuffs and meat products.

(17) All game farms possessing, selling, or transferring captive-reared white-tailed deer for food or consumptive purposes, shall be in compliance with the following:

(a) Deer shall be transported live to a recognized slaughter establishment for immediate preparation and processing for consumption.

1. A copy of the current and valid game farm permit of the farm where such game was produced shall accompany the live game in transport.

2. The transporter of such game shall be permitted or otherwise authorized by the Commission to possess such game.

3. Notify the Commission at least 48 hours prior to transfer of live deer to a recognized slaughter establishment.

4. Game farms shall also comply with any applicable state and federal statutes or regulations relating to food safety, quality control, inspections, transportation, sale and regulation of foodstuffs and meat products.

(b) Captive-reared white-tailed deer meat (venison) shall only be sold when packaged in a tamper-proof container clearly marked with a label stating, "WHITE-TAILED DEER VENISON, PRODUCED ON A FLORIDA LICENSED GAME FARM". Additionally, each container shall be clearly marked to indicate the name, date, complete address, and FWC permit identification number of the game farm producing such venison and the identification number and name of the recognized slaughter establishment.

(c) Deer shall not have been chemically immobilized or otherwise provided with any drugs within 30 days of transfer for processing.

(18) All game harvested shall be taken as specified by Commission rules for the species. Injured or wounded mammals shall be immediately treated by the permittee, treated by a veterinarian, or euthanized.

(19) Any method of euthanasia shall be authorized for humane purposes provided that such method of euthanasia is humane pursuant to the American Association of Zoo Veterinarians guidelines or the American Veterinary Medical Association guidelines. Only a veterinarian, the game farm permittee or the permittee's employee may euthanize game on the game farm premises. A current list of employees authorized by the permittee to euthanize game shall be maintained by the permittee and made available for inspection upon request by Commission personnel.

(20) Native game shall only be killed pursuant to the regulations for that species or in accordance with subsection (19), above. Only the game farm permittee or the permittee's employees may kill game on the game farm premises.

(21) Permitted facilities shall report any escapes from the perimeter fencing or the approved facility location. Permitted facilities shall report any escapes from an enclosure, cage, or other constraint when captive-reared game is away from such approved facility location. Such reporting shall be made to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, immediately upon discovery of the escape. Any person in possession of captive-reared game which requires a permit issued under this rule shall make reasonable efforts to ensure the recapture and return of the escaped game to containment or lawful removal of such escaped game from the wild.

(a) Failure to report any escapes of captive-reared game as specified above shall be considered a violation of this rule.

(b) No person shall maintain captive-reared game animals in an unsafe or negligent manner which results in escape of game.

(22) It is unlawful to buy, sell or transfer any live game to or from any unpermitted entity within Florida. Recipients of any live game received from a game farm shall be permitted pursuant to this rule, Section 379.3761, 379.3672, or 379.3712, F.S., unless exempt from the permitting provisions.

(23) The permitting provisions of this rule shall not apply to:

(a) The possession, protection, propagation, raising or production of bison for commercial farming purposes.

(b) The protection, propagation, raising or production of 100 or fewer live bobwhite quail or non-native game birds (except non-native ducks and geese) for personal use, consumption, educational, dog training or other not-for-sale or exhibition purpose.

(c) Persons purchasing or receiving eggs for personal use, consumption, educational or other not-for-sale or exhibition purposes.

(24) Dissolution.

(a) Prior to voluntary dissolution of a game farm and subsequent expiration of the current permit, the permittee shall notify the Commission of their intent to dissolve.

(b) Prior to dissolution of a game farm and subsequent expiration of the current permit, the permittee shall legally dispose of all captive-reared native and non-native game animals authorized under the permit. Game farms under dissolution shall do one or more of the following:

1. Take of game animals by the permittee or the permittee's employees, in accordance with subsections (19) and (20) above.

2. Sale or transfer of live game animals to a permitted entity. All sales or transfers shall be in compliance with subsections (13) and (15) above.

3. Sale or transfer of game animals for food or consumptive purposes. All sales or transfers shall be in compliance with subsections (16) and (17) above.

4. Sale or transfer of the game farm and current inventory to a new permittee. All captive-reared native and non-native game animals contained thereon shall remain the responsibility of the permittee until such time that a new permittee becomes permitted and takes responsibility for such captive-reared game. If the new owner does not obtain a game farm permit for the inventory contained on the property, it shall be considered unlawful transfer and abandonment of captive-reared game by the previous permittee.

(c) Commission personnel shall verify all captive-reared native and non-native game animals authorized under the permit have been removed prior to removal of facility's perimeter fence. The Commission shall have the authority to verify the final disposition of all captive-reared native and non-native game animals previously authorized under the permit, including inspection by officers of the Commission.

(25) Any person whose permit is revoked or non-renewed as provided for in subsection 68-1.010(2), F.A.C., shall be subject to the provisions outlined in subsection 68A-6.003(2), F.A.C., and the following:

(a) Such person shall have 180 days after the final administrative disposition to lawfully dispose of all captive-reared native or non-native game animals previously authorized under the revoked or non-renewed permit. Sale or transfer of such wildlife shall be authorized within the lawful disposition period for the purposes of complying with this rule.

(b) The facility and wildlife previously authorized under the revoked or non-renewed permit may not be sold or otherwise transferred to any entity within Florida of which such person is an owner, officer, director, principal, employee, or agent or in which such person holds any interest.

(c) Any person dissolving a game farm due to revocation or non-renewal shall comply with subsections (13)-(17) above regarding transportation and record keeping requirements.

(d) The Commission shall have the authority to verify the final disposition of wildlife previously authorized under the revoked or non-renewed permit, including inspection by officers of the Commission, pursuant to Section 379.304, F.S.

(e) Such person shall not serve as an employee, agent, or volunteer, whether paid or unpaid, at any permitted game farm or hunting preserve facility or on behalf of any game farm or hunting preserve permittee for a period of three (3) years following final administrative action.

Notes

Fla. Admin. Code Ann. R. 68A-12.011

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.302, 379.3711 FS.

New 8-27-09, Amended by Florida Register Volume 44, Number 217, November 6, 2018 effective 11/22/2018, Amended by Florida Register Volume 46, Number 224, November 17, 2020 effective 12/3/2020, Amended by Florida Register Volume 47, Number 120, June 22, 2021 effective 7/4/2021, Amended by Florida Register Volume 48, Number 139, July 19, 2022 effective 8/2/2022, Amended by Florida Register Volume 49, Number 129, July 5, 2023 effective 7/17/2023, Amended by Florida Register Volume 51, Number 098, May 20, 2025 effective 6/2/2025.

New 8-27-09, Amended 11-22-18, 12-3-20, 7-4-21, 8-2-22, 7-17-23.