The proposed rule revision would provide an additional option for internal viewing panels which would increase safety of venomous reptile facilities’ current enclosures to an acceptable level and would allow them to come into compliance with current ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-6.007Possession, Transportation, Exhibition and Caging Venomous Reptiles and Reptiles of Concern

PURPOSE AND EFFECT: The proposed rule revision would provide an additional option for internal viewing panels which would increase safety of venomous reptile facilities’ current enclosures to an acceptable level and would allow them to come into compliance with current regulations. This amendment will allow for the use of a safety / security film to satisfy the requirements for secondary containment.

SUMMARY: This would create an option of adding a safety/security film to satisfy the requirement for secondary containment for facilities with internal viewing panels. The application of a safety / security film over the existing interior viewing panels would meet the requirement of “secondary containment” and allow exhibits to have another option by which to meet safety requirements. Secondary containment is intended to provide a secondary means of containing wildlife that has escaped its primary containment. Safety / security film would create an additional barrier for a primary enclosure and is designed to maintain the integrity of glass when struck.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required

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.

RULEMAKING 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 HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 12-13, 2018, 8:30 a.m. to 5:00 p.m., each day.

PLACE: World Golf Village Renaissance, 500 S. Legacy Trail, St. Augustine, Florida 32092

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: the ADA Coordinator, at [phone].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Major Rob Beaton, 620 South Meridian Street, Tallahassee, FL 32399

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-6.007 Possession, Transportation, Exhibition and Caging Venomous Reptiles and Reptiles of Concern.

(1) through (3) No change.

(4) Facility requirements: All persons licensed to keep, possess, or exhibit venomous reptiles or reptiles of concern shall provide safe, secure and proper enclosures for said reptiles. Primary enclosures shall be housed within appropriate secondary containment which meets the requirements of this rule. It shall be unlawful for any person whether licensed or not to keep, possess, or exhibit any venomous reptile or reptile of concern in any manner not approved as safe, secure and proper by the Florida Fish and Wildlife Conservation Commission. Venomous reptiles or reptiles of concern shall be kept in primary enclosures of the following specifications:

(a) No change.

(b) Secondary containment: primary enclosures for venomous reptiles and reptiles of concern shall be kept in an escape-proof room or outbuilding which serves as secondary containment. Such room or outbuilding shall be structurally sound.

1. through 7. No change.

8. Viewing panels used a portion of an exterior wall of a room or out building serving as secondary containment shall be constructed of a minimum of one-quarter (1/4) inch thick, tempered, safety glass.

a. Interior viewing panels may be constructed of two ply laminated glass or coated with a safety/security window film no less than eight millimeters (8 Mil) thick.

b. Any safety/security film used shall be installed pursuant to the manufacturers detailed specifications.  Documentation of film specifications shall be available for inspection by Commission personnel. 

9. No change.

(c) through (d) No change.

(5) through (12) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.373, 379.374 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304, 379.305, 379.372, 379.373, 379.374, 379.3761, 379.3762 FS. History–New 1-1-08, Amended 1-8-08, 8-27-09, 8-26-10, 12-31-16, 1-1-19.

 

PROPOSED EFFECTIVE DATE: January 1, 2019

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED.  IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Colonel Curtis Brown, 620 South Meridian Street, Tallahassee, FL 32399

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 26, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 23, 2018