Changes to Captive Wildlife Rules & Regulations

As of January 1, 2008, there are many changes to Florida Statutes and FWC rules governing captive wildlife activities. Owners and dealers should be aware of these changes, which are summarized on this page.

The links on the upper right will take you to specific areas of this page.

Captive Wildlife - General

Class I Captive Wildlife Facility - Zoning Requirement

Facilities housing Class I captive wildlife may not be located on property within an area zoned solely for residential use.  Subsequent changes to property zoning shall not disqualify an existing license or permit holder. 

Class I and II Captive Wildlife Facility - Land Area Requirement

Anyone possessing Class I or II wildlife now must have at least 5 acres of property for any Class I wildlife and at least 2½ acres of property for any Class II wildlife.  This is an increase from the previous requirement of ¼ acre, which remains the minimum requirement for certain exemptions.  The exemptions generally include infants and smaller sized specimens or species of Class I and II wildlife. 

Class III Captive Wildlife Facility - Safety Doors

Anyone possessing Class III capuchin, spider, and woolly monkeys now must have safety doors and entrances to cages as is currently required for Class I and II wildlife.  Safety doors must be designed to allow owners or keepers to have access to the cage while preventing escape of the wildlife. 

Class I Captive Wildlife - Escape Notification

Anyone licensed to possess Class I wildlife must report any escape of Class I wildlife to the FWC's Division of Law Enforcement immediately upon discovery.  

Anyone licensed to possess Class I wildlife also must maintain a contact list - including names, addresses and phone numbers -of their contiguous landowners or neighbors in their Captive Wildlife Critical Incident and Disaster Plan (227KB).

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Critical Incident/Disaster Plans

Captive Wildlife, Venomous Reptiles, and Reptiles of Concern - Critical Incident/Disaster Plan 

Applicants for permits to possess wildlife in captivity, venomous reptiles or Reptiles of Concern must provide a Critical Incident/Disaster Plan on a form provided by the FWC (227KB).  The plan will include a course of action to be taken in preparation for natural disasters or critical incidents. 

"Part A" of the Critical Incident/Disaster Plan is to be returned to the FWC with initial and any renewal application.  "Part B" of the Critical Incident/Disaster Plan is to be retained at the location where wildlife is kept and must be made available for inspection upon request of Commission personnel.

Exhibition of Wildlife

Venomous Reptile Exhibitors - Surety Bond  

The amount of the bond required to exhibit venomous reptiles to the public has increased from $1,000 to $10,000, and it is now payable to the FWC instead of the governor.  This bond is due upon application for a Venomous Reptile License or at the time of renewal of a previous license.

Class I Captive Wildlife Exhibitors - Financial Responsibility Guarantee; General Comprehensive Liability Insurance 

Persons or businesses exhibiting Class I Captive Wildlife must now either

• provide a surety bond or a financial responsibility guarantee of $10,000; or
• maintain $2 million of general comprehensive liability insurance with $2 million per occurrence. 

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Reptiles

Reptiles of Concern

Reptiles of Concern include any species of the class Reptilia, including subspecies, taxonomic successors or hybrids thereof, which, due to its nature, has habits or the potential to impact the environment.

As of January 1, 2008, the following six species are listed as Reptiles of Concern: 

• Indian or Burmese python (Python molurus)
• Reticulated python (Python reticulatus)
• African rock python (Python sebae)
• Amethystine or Scrub python (Morelia amethystinus)
• Green anaconda (Eunectes murinus)
• Nile monitor (Varanus niloticus)

Anyone possessing Reptiles of Concern must be licensed, pay a fee of $100 per year, and meet new caging requirements.   It is unlawful to release Reptiles of Concern to the wild or allow their escape.  Anyone exhibiting or selling Reptiles of Concern must provide an inventory biannually.  Anyone possessing Reptiles of Concern for personal use must provide an inventory annually and upon change of inventory. 

Venomous Reptiles - Cage Enclosure ID System

Anyone possessing venomous reptiles must clearly mark each cage or enclosure with a card or sign stating "Danger Venomous Reptile."  The card or sign must also include the identification of the species inside by both common and scientific name.  The card or sign must be clearly visible at all times and accompany the venomous reptile when removed from the cage for cleaning or transport. 

Venomous Reptiles - Bite or Exposure Protocol

Facilities or premises where venomous reptiles are housed and maintained shall have a Bite or Exposure Protocol clearly posted on the premises in proximity to where the venomous reptiles are housed or maintained.  This protocol shall include the common and scientific names of the specimen(s) housed and maintained within the facility, antivenin procedures required for treatment of each species and the location of the antivenin, emergency contact information, and a plan of action in case of a venomous reptile bite or venom exposure. 

Nonnative Venomous Reptiles and Reptiles of Concern - Identification and Tagging Requirements

Live Nonnative Venomous Reptiles and Reptiles of Concern possessed for personal use must be permanently identified.

Each specimen of Nonnative Venomous Reptiles must be permanently identified by photograph or by implantation of a passive integrated transponder (PIT tag, also referred to as a microchip).  Each specimen of Reptiles of Concern must be permanently identified by implantation of a PIT tag.

PIT tags must be implanted in the last 1/3 of the snake's body forward of the anal plate.  PIT tagging is required when the snake is 2 inches or greater in diameter.  Nonnative venomous lizards and Nile monitor lizards of any size must be implanted in the body cavity forward of the hind leg, or in the hind leg.  Owners must keep a record of the PIT tag number and specimen information. 

Owners of any Nonnative Venomous Reptiles or Reptiles of Concern acquired prior to January 1, 2008 have until July 1, 2008 to meet the PIT-tagging requirement.  Specimens acquired after January 1, 2008, must be permanently identified on acquisition.

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Nonnative Venomous Reptiles and Reptiles of Concern - Escape

Anyone licensed or permitted to possess Nonnative Venomous Reptiles or Reptiles of Concern must report any escape to the FWC immediately upon discovery. 

Record Keeping and Reporting Requirements - Venomous Reptiles (all) or Reptiles of Concern

Anyone licensed to possess live venomous reptiles or Reptiles of Concern now must maintain accurate records of all changes in inventory (e.g., births, deaths, acquisition, sales and transfers) on forms provided by the FWC.  Records must be open to inspection on request by FWC personnel.

Anyone who exhibits or sells live venomous reptiles or Reptiles of Concern must submit the inventory records twice a year: once upon renewal of their license and again 6 months later.  Anyone possessing live venomous reptiles or Reptiles of Concern for personal use must submit the inventory records upon renewal of their license and on any instance of inventory change.

Red-eared Sliders

As of July 1, 2007, red-eared slider turtles (Trachemys scripta elegans) are listed as conditional species. Anyone possessing red-eared sliders acquired after July 1, 2007 must have a permit from the Nonnative Species Coordinator.   No permits will be issued for personal possession.

Anyone possessing red-eared sliders acquired before July 1, 2007, may keep them without a permit until legally transferred or disposed of.  After July 1, 2008, no one may have a red-eared slider less than 4 inches as a personal pet.  Red-eared sliders legally possessed as personal pets before July 1, 2007, may not reproduce, and all eggs must be destroyed. 

Individuals or businesses with an Aquaculture Certificate of Registration do not need a conditional species permit for possession.  If, however, they import red-eared sliders into the state they must obtain a permit. 

Color morphs such as albino and amelanistic colored specimens may be legally possessed or sold. 

It is unlawful to release red-eared slider turtles or any other conditional, prohibited or unapproved nonnative species. 

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Penalties

Level 1

For violations of statutes or rules pertaining to:

• Free permits or authorizations to possess Captive Wildlife.
• Filing of reports or documents by anyone licensed to possess Captive Wildlife.
• Failure to renew Captive Wildlife permits requiring a fee, when the permit is expired for less than one year.

Penalty 

• First offense - Non-criminal infraction; fine of $50 plus the cost of the permit.
• Second offense - Non-criminal infraction; fine of $250 plus the cost of the permit.
• Opting for a civil hearing for the violation may increase the maximum potential fine to $500.
• Refusal to accept a Notice to Appear - Second-degree misdemeanor; fine of up to $500, possible incarceration for up to 60 days.
• Failure to pay fine or appear for hearing - Second-degree misdemeanor; fine up to $500, possible incarceration for up to 60 days.

Level 2

For violations of statutes or rules pertaining to:

• Paying a fee to obtain a permit to possess captive wildlife or requiring the maintenance of records relating to captive wildlife.
• Housing wildlife in a safe manner, and a violation results in the escape of wildlife other than Class I wildlife.
• Capturing, keeping, possessing, transporting or exhibiting venomous reptiles or Reptiles of Concern.
• License or permit for capturing, keeping, possessing or exhibiting venomous reptiles or Reptiles of Concern.
• Bonding requirements for public exhibition of venomous reptiles.
• Failure to prevent, or through gross negligence, allowing the escape of venomous reptiles or Reptiles of Concern.
• Exhibition or sale of wildlife.
• Personal possession of wildlife.

Penalty

• First offense - Second-degree misdemeanor; fine of up to $500, possible incarceration for up to 60 days.
• Second offense within 3 years of any Level-2 or higher conviction - First-degree misdemeanor; mandatory fine of $250 - $1,000, possible incarceration for up to 1 year.
• A Level-2 offense within 5 years of any 2 previous Level-2 or higher convictions - First-degree misdemeanor; mandatory fine of $500 - $1,000 with suspension of all licenses for 1 year, possible incarceration for up to 1 year.
• A Level-2 offense within 10 years of any three previous Level 2 or higher convictions - First-degree misdemeanor; mandatory fine of $750 - $1,000 with suspension of all licenses for 3 years, possible incarceration for up to 1 year.

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Level 3

For violations of statutes or rules pertaining to:

• Housing of wildlife in a safe manner when a violation results in an escape of Class I wildlife.
• Captive Wildlife when the violation results in serious bodily injury to another person by Captive Wildlife that consists of a physical condition creating a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a body part or organ.
• Use of gasoline or other chemical or gaseous substances on wildlife.
• Release of Conditional Wildlife.
• Knowingly entering false information on an application for a license or permit to possess wildlife in captivity.
• Illegal importation or introduction of foreign wildlife.
• Illegal importation and possession of nonnative marine plants and animals.
• Release or escape of nonnative venomous reptiles or Reptiles of Concern.
• Importation, possession or release of prohibited fish and wildlife.

Penalty

• First offense in 10 years - First-degree misdemeanor; fine of up to $1,000, possible incarceration for up to 1 year.
• Second offense within 10 years of any previous conviction of a Level-3 offense - First-degree misdemeanor; mandatory fine of $750 - $1,000 with permanent revocation of all licenses, possible incarceration for up to 1 year.

Level 4

For commission of a Level-3 violation after permanent revocation of a license or permit.

Penalty 

• Third-degree felony; fine of up to $5,000, possible imprisonment for up to 5 years.

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