68A-6.010. Facility Requirements for Class I and II Wildlife

(1) In order to assure public safety, the facilities for the housing of Class I and Class II wildlife shall meet the requirements of this rule. Compliance with these requirements is a necessary condition for licensure. For the purposes of this rule, a “facility” means the site at which Class I or Class II wildlife are kept or exhibited, except for those locations where the standard caging requirements are exempted under Rules 68A-6.0013, 68A-6.014 and 68A-6.015, F.A.C. Upon receipt of an initial application regarding Class I or Class II wildlife, the Florida Fish and Wildlife Conservation Commission shall notify the county or municipality wherein the proposed facility is to be located of a pending application and provide the information required of applicants below. Current licensees that desire to expand their inventory to include a family of Class I or Class II species not previously authorized at their facility location shall comply with the requirements herein. Requests to upgrade wildlife classification authorizations shall be considered initial applications for license purposes. Applicants for Class I or Class II wildlife shall provide the following information upon initial application online through http://GoOutdoorsFlorida.com:

(a) Parcel number for the property or properties on which the facility is maintained.

(b) 911 address of the parcel(s) on which the facility is maintained.

(c) Indication whether application(s) for building permits and/or application(s) for the land use or zoning approval have been submitted to the applicant’s local governmental agency.

(d) A project plan or description.

(2) Not withstanding other requirements of this rule, facilities licensed pursuant to this section may be transferred through will, trust or probate proceedings to a lawful heir and such facilities may remain in the same location. Said heir must be qualified to receive the classifications of wildlife applied for and shall complete applications for licenses to receive same. The transfer shall not occur until a final on-site inspection is conducted by Commission personnel and the license is approved and issued.

(3) Facility requirements:

(a) Property ownership/lease:

1. The facility shall be constructed on property owned or leased by the applicant. If leased the lease shall be for a term of not less than one (1) year from date of application. Such lease shall be subject to initial and annual review and approval by the Commission as a condition of said lease.

2. If the property is leased, the lessee must have exclusive rights to occupy, possess and use the property with no restrictions that could prevent the lessee from adhering to the eligibility requirements for licensure with no other in holdings or easements.

3. The existence of any such lease restrictions or termination of the lease shall result in the denial or revocation of the license or permit.

(b) Land area:

1. Class I wildlife: The facility shall not be constructed on less than five (5) acres.

2. Class II wildlife: The facility shall not be constructed on less than two and one-half (2 1/2) acres.

3. The total facility shall not be comprised of more than two (2) parcels of land whether leased, owned or a combination of leased or owned parcels. If more than one parcel, the adjacent parcels must have a minimum of 100 feet common linear boundary.

(c) Buffer zones:

The facility shall contain a “buffer zone” of not less than thirty-five (35) feet between the caged wildlife and the facility property line.

(d) Perimeter fencing:

1. Class I wildlife: The cages of the facility shall be bounded by a fence of not less than eight (8) feet high.

2. Class II wildlife: The cages of the facility shall be bounded by a fence of not less than eight (8) feet high, or as an alternative, a fence of not less than six (6) feet high, with a 2-foot, 45 degree, inward angle overhang.

3. All vertical fencing and inward angle overhang fencing of the perimeter fence shall be constructed of 11 1/2 gauge chain link or equivalent.

(4) Exemptions:

The following Class I and Class II wildlife are exempt from the facility requirements of paragraphs (3)(a)-(d) as listed above:

(a) Permits authorizing possession of infants only including:

1. Class I or Class II carnivores until they reach 25 pounds or six (6) months of age, whichever comes first, provided written documentation is available to verify the age of the animal, the animal is marked or otherwise identifiable, and the animal is provided space for exercise on a daily basis.

2. Class I and II primates until they reach the age of twelve (12) months, provided written documentation is available to verify the age of the animal, the animal is marked or otherwise identifiable, and the animal is provided space for exercise on a daily basis.

(b) Crocodilians four (4) feet in length or less.

(c) Cats: Ocelots (Leopardus pardalis), Servals (Leptailurus serval), Caracals (Caracal caracal), Bobcats (Lynx rufus), African golden cats (Profelis aurata), Temminck’s golden cats (Profelis temmincki), and Fishing cats (Prionailurus viverrina).

(d) Non-human primates: Uakaris (genus Cacajao), Sakis (genus Chiropotes and Pithecea), and Guenons (genus Cercopithecus). Exemption for Guenons (genus Cercopithecus) shall not include Patas monkeys (genus Erythrocebus), De Brazza’s monkey (Cercopithecus neglectus), Blue monkey (Cercopithecus mitis), Preuss’s monkey (Cercopithecus preussi) or any other non-human primate of the genus Cercopithecus of which the species exceeds the normal adult weight of fourteen (14) pounds.

(5) Any Class I or Class II wildlife exempt from meeting the facility requirements of paragraphs (3)(a)-(d) of this rule, must meet the following:

(a) Class I wildlife shall not be possessed in any multi-unit dwellings or on any premises consisting of less than one quarter acre of land area.

(b) Class II wildlife shall not be possessed in multi-unit dwellings unless the dwelling in which they are housed is equipped with private entrance, exit and yard area.

(c) A fence sufficient to deter entry by the public, which shall be a minimum of five (5) feet in height, shall be present around the premises wherein Class I or Class II animals are housed or exercised outdoors.

(6) The above facility requirements relating to land area, buffer zones, and perimeter fencing, shall be effective January 1, 2008, but shall not apply to those facilities licensed to possess captive wildlife species prior to that date. After January 1, 2008, those licensees that desire to expand their inventory to include a family of Class I or Class II species not previously authorized at their facility location shall comply with the requirements herein. Requests to upgrade wildlife classification authorizations shall be considered new applications for license purposes.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19, Amended 8-23-22, 7-17-23.