The purpose of the proposed rules are to implement statutory changes effective July 1, 2010, relative to the guarantee of financial responsibility by possessors of Class I wildlife and to address facility requirements for captive wildlife. Proposed ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

Rule No.: RULE TITLE
68A-6.0024: Commercialization of Wildlife; Bonding or Financial Responsibility Guarantee
68A-6.0025: Sanctuaries; Retired Performing Wildlife and Identification
68A-6.003: Facility and Structural Caging Requirement for Class I, II and III Wildlife
PURPOSE AND EFFECT: The purpose of the proposed rules are to implement statutory changes effective July 1, 2010, relative to the guarantee of financial responsibility by possessors of Class I wildlife and to address facility requirements for captive wildlife. Proposed Rules 68A-6.0024 and 68A-6.0025, F.A.C., will require all possessors of Class I wildlife to “guarantee financial responsibility” in the sum of $10,000, or a $2 million insurance policy, for any liability incurred. Proposed Rule 68A-6.003, F.A.C., addresses the strength requirement of materials used for facilities housing Class I or II wildlife that were previously listed as Class III wildlife.
SUMMARY: The changes to Rules 68A-6.0024 and 68A-6.0025, F.A.C., are necessary to implement new statutory requirements. The 2010 Legislature passed Senate Bill 318 and House Bill 572, requiring, among other things, persons possessing Class I wildlife to “guarantee financial responsibility” in the sum of $10,000, or a $2 million insurance policy, for any liability incurred. The new law became effective July 1, 2010. Before the legislative amendment only those entities exhibiting Class I wildlife to the public had to provide the financial responsibility guarantee. Those affected by the amendment include entities possessing Class I wildlife for other than exhibition purposes, sanctuaries or those possessing retired performing wildlife. The changes to Rule 68A-6.003, F.A.C., are necessary to address the structural (strength) requirement of materials used for facilities housing certain Class III wildlife that were up-listed to Class I or II. Examples of such wildlife include: Gaur, aardwolves, giraffe, okapi, tapir, saki monkeys, wild cattle, forest, woodland and arid land antelope and similar species of non-native hoof stock (Family Bovidae).
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ___ or will not ___X___ have an impact on small business. A SERC has ____ or has not __X__ been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bud Vielhauer, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-6.0024 Commercialization of Wildlife; Bonding or Financial Responsibility Guarantee.

(1) through (2) No change.

(3) It is unlawful to possess exhibit Class I wildlife without having guaranteed financial responsibility. The following methods of payment will satisfy the financial responsibility requirement:

(a) A valid performance bond payable to the Florida Fish and Wildlife Conservation Commission in the sum of $10,000, in compliance with and as noted in paragraph 68A-6.0024(1)(a), F.A.C., above. The terms of the performance bond shall include the following:

1. The possessor exhibitor shall indemnify and save harmless the injured party if an injury to the public occurs, including accidental death, or other property damage occurs from the exhibited Class I wildlife.

2. The possessor exhibitor shall indemnify and save harmless the Florida Fish and Wildlife Conservation Commission for payment of all expenses relative to the capture, transport, boarding, veterinary care, or other costs associated with or incurred due to seizure or custody of Class I wildlife.

3. The performance bond shall be for the duration of not less than the duration of the licensing period.

(b) Cash, cashier’s check, or certified check in the sum of $10,000. In the instance of a check such instrument shall be made payable to the Florida Fish and Wildlife Conservation Commission. Such cash bond shall be refunded to the possessor of Class I wildlife exhibitor in instances of non-issuance or denial of the initial license application; or the possessor exhibitor has submitted a request for refund to include a notarized statement that they no longer possess exhibit Class I wildlife.

(c) Irrevocable letter of credit issued by a bank, savings and loan, credit union or other similar state or federally chartered financial institution, payable to the Florida Fish and Wildlife Conservation Commission in the sum of $10,000.

(d) In lieu of the $10,000 financial responsibility guarantee any person possessing exhibiting Class I wildlife may maintain comprehensive general liability insurance with minimum limits of $2 million per occurrence and $2 million annual aggregate as shall protect the possessor of Class I wildlife exhibitor from claims for damage for personal injury, including accidental death, as well as claims for property damage which may arise. The insurance policy shall be for duration of not less than the duration of the licensing period. A current Certificate of Insurance evidencing proof of insurance maintained by the possessor of Class I wildlife exhibitor in such amounts as required by this section, including terms, coverage and expiration date, shall be submitted at the time of initial application and upon renewal. The licensee shall notify the Florida Fish and Wildlife Conservation Commission in writing within 5 calendar days if the insurance policy expires, is cancelled or revoked, or for any other reason becomes invalid. The notification in writing may be delivered by fax at [phone], or by mail or hand delivery to Florida Fish and Wildlife Conservation Commission, Office of Licensing and Permitting, 2590 Executive Center Circle, Suite 200-Berkley Building, Tallahassee, Florida 32301.

(e) The performance bond or financial responsibility guarantee in the sum of $10,000, or any portion thereof, will be forfeited to the Florida Fish and Wildlife Conservation Commission if:

1. An injury to the public, including accidental death, or other property damage results from exhibited Class I wildlife and the possessor of such Class I wildlife exhibitor fails to indemnify and save harmless the injured party; or

2. Class I wildlife is taken into custody or seized by commission personnel. In instances where Class I wildlife is seized or taken into custody by the Commission the permittee shall be responsible for payment of all expenses relative to the capture, transport, boarding, veterinary care, or other costs associated with or incurred due to seizure or custody of the wildlife.

(f) The possession exhibition of Class I wildlife in the absence of a current and valid performance bond, payable to the Florida Fish and Wildlife Conservation Commission, in the sum of $10,000, or a financial responsibility guarantee in the sum of $10,000, or a current and valid comprehensive general liability insurance with minimum limits of $2 million per occurrence and $2 million annual aggregate is prohibited.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304, 379.305, 379.373, 379.374 FS. History–New 2-1-08, Amended 8-27-09, 6-7-10, Amended________.

 

68A-6.0025 Sanctuaries; Retired Performing Wildlife and Identification.

(1)(a) through (e) No change.

(f) Any sanctuary possessing exhibiting Class I wildlife as listed in Rule 68A-6.002, F.A.C., must meet the bonding or financial responsibility guarantee requirements of paragraphs 68A-6.0024(3)(a)-(f), F.A.C.

(2) No change.

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.921 FS. History–New 8-27-09, Amended________.

 

68A-6.003 Facility and Structural Caging Requirement for Class I, II and III Wildlife.

(1) through (2) No change.

(3)(a) through (b) No change.

(c) Group III – Rhinoceros, elephants, hippopotamus, cape buffalos, gaur.

Indoor and outdoor facilities – Construction materials shall consist of steel bars, masonry block or equivalent.

(d) No change.

(e) Group V – Gibbons, siamangs, patas monkeys, howler monkeys, uakaris, mangabeys, guenons, bearded sakis, guereza monkeys, celebes black apes, indris, macaques, langurs, proboscis monkeys, spider monkeys, woolly monkeys, and capuchin monkeys, leopards, cougars, clouded leopards, cheetahs, ocelots, servals, lynx, bobcats, caracals, African golden cats, Temminck’s golden cats, fishing cats, wolves, coyotes, Asiatic jackals, Indian dholes, African hunting dogs, aardwolves, binturongs, and Old World badgers.

1. Outdoor facilities – Construction material shall consist of not less than 11 1/2 gauge chain link or equivalent.

2. Indoor facilities – Potential escape routes shall be equipped with wire or grating not less than 11 1/2 gauge or equivalent.

(f) through (g) No change.

(h) Group VIII – Class III mammals (except spider, woolly, and capuchin monkeys) and Varanidae (except Komodo dragon), giraffe, okapi, tapir, wild cattle, forest, woodland and aridland antelope; and similar species of non-native hoofstock (family Bovidae). Such non-native hoofstock to include: Forest buffalo, Banteng, Anoa, Waterbuck, Wildebeest, Hartebeest, Eland, Kudu, Nilgai, Bongo, lechwe, Roan and Sable antelope, Sitatunga, Bontebok, Blesbok, Topi, Kob, Addax, Oryx, Gemsbok, and other wild species of the family Bovidae which are of similar size, habits and nature.

(h) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3761, 379.3762 FS. History–New 8-1-79, Amended 6-21-82, Formerly 39-6.03, Amended 6-1-86, 7-1-90, 7-1-92, 2-1-98, Formerly 39-6.003, Amended 1-1-08, 1-8-08, 8-27-09,________.

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

NAME OF PERSON ORIGINATING PROPOSED RULE: Colonel Jim Brown, Director, Division of Law Enforcement
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 1, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 1, 2010