(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 results in:
(a) Treatment beyond basic first aid, except
if occurring to the licensee, an employee authorized as a Corporate Authorized
Individual on the license in accordance with Rule
68A-6.004(2)(e)
or
68A-6.017(2)(e)
4., F.A.C, or an individual with required experience documentation on file for
such wildlife in accordance with Rule
68A-6.004(2)(c),
68A-6.004(2)(d),
68A-6.004(4)(b),
or
68A-6.017(2)(e),
F.A.C. Such injury shall be reported immediately, or as soon as practicable, to
the Florida Fish and Wildlife Conservation Commission, Division of Law
Enforcement.
(b) Serious bodily
injury to the licensee, an employee authorized as a Corporate Authorized
Individual on the license in accordance with Rule
68A-6.004(2)(e)
or
68A-6.017(2)(e)
4., F.A.C, or an individual with required experience documentation on file for
such wildlife in accordance with Rule
68A-6.004(2)(c),
68A-6.004(2)(d),
68A-6.004(4)(b),
or
68A-6.017(2)(e),
F.A.C. Such injury shall be reported immediately, or as soon as practicable, to
the Florida Fish and Wildlife Conservation Commission, Division of Law
Enforcement.
(2) Escapes
Any person in possession of 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 make reasonable efforts to ensure recapture and return of the
escaped wildlife to containment. Such person shall contact the Florida Fish and
Wildlife Conservation Commission, Division of Law Enforcement as required
below:
(a) Any person in possession of
Class I wildlife, Class II wildlife, or capuchin, spider, or woolly monkeys,
shall report any escapes of such wildlife immediately upon discovery. For the
purposes of this paragraph, "escape" shall mean escape from the primary
enclosure or escape from transport enclosure, leash, other constraint, or rigid
supervision and control while outside of the primary enclosure.
(b) Any person in possession of venomous
reptiles or reptiles of concern shall report any escapes of such wildlife
immediately upon discovery. For the purposes of this paragraph, "escape" shall
mean escape from primary containment when its whereabouts are unknown, or any
escape from secondary containment.
(c) Any person in possession of Class III
wildlife, except capuchin, spider, or woolly monkeys, shall report any escapes
of such wildlife as soon as practicable, but no later than 12 hours after
discovery of the escape. For the purposes of this paragraph, "escape" shall
include any of the following:
1. Escape from
the primary enclosure when the whereabouts of the wildlife is
unknown;
2. Escape from the primary
enclosure when the whereabouts of the wildlife is known, but wildlife cannot be
captured prior to the end of the required reporting period;
3. Escape from the approved facility
location;
4. Escape from transport
enclosure, leash, other constraint, or rigid supervision and control while
outside the approved facility location.
(3) Any person authorized to possess Class I
wildlife or venomous reptiles shall maintain a list of the current contiguous
landowners or neighbors included with the information required in subsections
68A-6.004(7)
and
68A-6.017(4),
F.A.C. Such list shall include the name and address for contiguous landowners
or neighbors. For the purposes of this paragraph, a "contiguous landowner or
neighbor" shall mean the current resident, if known, or landowner for all
properties sharing a common boundary with the facility location. If the
contiguous landowner or neighbor is a business complex or multi-unit dwelling,
or if the facility is located in a business complex or multi-unit dwelling, the
name and address of the building manager or property manager shall be
maintained, if one exists. The entire width of a roadway shall be considered
sharing a common boundary in instances of a roadway between neighboring
properties.
(4) Failure to report
any injury as specified in subsection (1) above, shall be considered a
violation of this rule.
(5) Failure
to report any escapes of wildlife as specified in subsection (2) above, shall
be considered a violation of this rule.
(6) Any person who maintains captive wildlife
in a manner which results in injury as specified in subsection (1) above due to
such person maintaining captive wildlife in an unsafe condition or in a manner
which results in threats to public safety commits a violation of paragraph
68A-6.009(1)(e),
F.A.C.
(7) Any person who maintains
captive wildlife in a manner which results in escape of wildlife as specified
in subsection (2) above due to such person maintaining captive wildlife in an
unsafe condition or in a manner which results in a threat to public safety
commits a violation of paragraph
68A-6.009(1)(f),
F.A.C.
Notes
Fla. Admin.
Code Ann. R. 68A-6.018
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented Art. IV, Sec. 9, Fla.
Const.
Adopted by
Florida
Register Volume 45, Number 181, September 17, 2019 effective
9/30/2019, Amended
by
Florida
Register Volume 48, Number 249, December 27, 2022 effective
1/11/2023.
New 9-30-19, Amended
1-11-23.