The purpose of the proposed amendments is to update language in the application process to reflect change to an online system. Other amendments would provide non-substantive technical changes, such as grammatical corrections, ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-6.017Possession and Exhibition of Venomous Reptiles and Reptiles of Concern

PURPOSE AND EFFECT: The purpose of the proposed amendments is to update language in the application process to reflect change to an online system. Other amendments would provide non-substantive technical changes, such as grammatical corrections, language standardization, or clarification of an existing rule. These amendments will have the effect of clarifying the application process.

SUMMARY: The proposed rule will update language in the application process to reflect change to an online system and provide other non-substantive technical changes.

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 SCHEDULED AND ANNOUNCED IN THE FAR.

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 Grant Burton, 620 South Meridian Street, Tallahassee, FL 32399

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-6.017 Possession and Exhibition of Venomous Reptiles and Reptiles of Concern.

(1) Any person who keeps, possesses, exhibits or sells any venomous reptiles or reptile of concern shall comply with Sections 379.303, 379.304, 379.305, 379.372, 379.373, 379.374 and 379.3761, F.S., and the provisions of subparagraph 68-5.007(5)(a)1., F.A.C., subsection 68-5.004(4), F.A.C., and the rules of this chapter, and this rule. The following reptiles, including their taxonomic synonymies, subspecies or hybrids thereof, are designated as reptiles of concern: None listed at this time.

(2) General Qqualifications: requirements for a permit Licensees or applicants for authorization to possess venomous reptiles or reptiles of concern shall:

(a) Age Requirement: Applicants to possess venomous reptiles or reptiles of concern shall bBe at least 18 years of age old at the time of application.

(b) Applicants shall nNot have been convicted of any violation of venomous reptile, reptile of concern, conditional species, prohibited species, or captive wildlife regulations involving unsafe housing of wildlife or that could potentially endanger the public; any violation involving the illegal commercialization of wildlife; any violation involving cruelty to animals; or any violation involving importation of wildlife within three (3) years of the date of application.

(c)-(d) No change.

(e)(3) Experience requirements: Applicants for authorization to possess venomous reptiles: or reptiles of concernshall meet the following experience requirements.

(a) Venomous reptiles: Any person or entity not currently permitted to possess or exhibit venomous reptiles must qualify for a permit by meeting the following criteria:

1.-3. No change.

4. Any licensed corporation authorized to do business in Florida may apply for a permit or other authorization to possess venomous reptiles. Such corporation must have qualified personnel responsible for the care of such venomous reptiles. The corporation must provide documentation of experience for at least one person. Such person shall comply with the requirements defined in paragraphs 68A-6.017(2)(a)-(b), and subparagraphs (3)(a)(2)(e)1.-3., F.A.C., above. Such documentation of experience shall be submitted to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, and subject to approval upon initial application and upon each instance of change in qualified personnel. Such corporation shall be fully responsible for any violation(s) committed by their employees or occurring at their facility.

(f)(b) Reptiles of concern: Species possessed for personal use by reptile of concern license holders prior to July 1, 2010 may continue in the possession of the owner for the life of the animal. A valid license to possess these animals must be maintained pursuant to Section 379.372, F.S.

(3) Venomous reptile or reptile of concern permit application requirements: An applicant shall make application to the Commission. The applicant for a permit to possess venomous reptiles or reptiles of concern shall provide the following information:

(a) The applicant’s legal name, date of birth, and contact information to include personal phone number, business phone number, and email address, if any.

(b) To be permitted as a business, in addition to paragraph (a), the applicant shall provide the name of the business and the business shall be currently registered through the Florida Department of State, Division of Corporations.

(c) The complete mailing address to include city, state, and zip code for the applicant/business.

(d) The complete facility address where the venomous reptile(s) or reptile(s) of concern are located to include city, state, and zip code.

(e) The county or counties where the facility is located.

(f) The current inventory of venomous reptiles or reptiles of concern possessed, identified by species and quantity. If no venomous reptiles or reptiles of concern are currently possessed, then the planned inventory shall be provided, identified by species.

(g) The applicant’s acknowledgement that the information provided in the application is true, accurate, and complete.

(h) Reptiles of concern: On or after January 1, 2008, any person or entity not currently permitted to possess reptiles of concern shall satisfactorily answer questions developed by the Commission must qualify for a permit by including with the application a satisfactorily completed questionnaire that assesses the applicant’s knowledge of general husbandry, nutritional needs, and behavioral characteristics of the reptile of concern to be possessed.

(4) Disaster and Critical Incident Plans: Applicants for permits to possess venomous reptiles or reptiles of concern in captivity shall document in writing a course of action to be taken in preparation for disasters or critical incidents. Provisions of this subsection shall apply to permittees maintaining venomous reptiles or reptiles of concern in Florida. Such course of action shall be made available for inspection upon request of Commission personnel and the director of the local emergency management agency for the county where the facility is located. Such course of action shall include the following information: documented on the Captive Wildlife Critical Incident/Disaster Plan form FWCDLE_619 (06/09) (effective June 2009, which is adopted and incorporated herein by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-11105). Forms may be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600, or at www.myfwc.com/permits. This form shall consist of two parts. Part A of form FWCDLE_619 shall be submitted at the time of initial application or renewal; and Part B shall be retained on file at the facility location and be made available for inspection upon request of Commission personnel.

(a) The name, business name (if applicable), physical address, and personal or business phone number for an emergency contact who does not reside at the facility location. Such individual may be responsible for assisting with emergency response or may assist in providing contact information for the permittee in the event of a critical incident or disaster. Such information shall be submitted to the Commission at the time of initial or renewal application.

Provisions of this subsection shall apply to permittees maintaining venomous reptiles or reptiles of concern in Florida.

(b) The name, business name (if applicable), physical address, and personal or business phone number for the veterinarian used to provide veterinary services for wildlife maintained at the facility. Such information shall be submitted to the Commission at the time of initial or renewal application.

(c) Emergency plan specifying the plan of action to be taken in the event of an emergency (natural disaster, fire, etc.) and critical incident.

(d) A list of chemical capture equipment, if applicable.

(e) A list of physical capture equipment (i.e. nets, catch poles, gloves, hooks, tongs, etc.).

(f) A list of transport cages and vehicles.

(g) A site plan of the facility, including the following:

1. Location of access point to facility if access is controlled by fences, gates, etc.

2. Location of area(s) where captive wildlife is kept.

3. Location of supplies (i.e. food, medicines, capture equipment, etc.).

4. Location of each electricity and gas shutoff switch/valve.

(h) Emergency supply checklist, including food, water, medical supplies, generator(s), ice, or other miscellaneous supplies, if applicable.

(i) Location of storage and/or contact information for obtaining supplies.

(j)(b) For permittees where the facility is located out of state, the provisions of this subsection shall apply when such permittee is in travel status in Florida with venomous reptiles or reptiles of concern. In this instance, information as specified in paragraphs (c)-(i) above Part B must accompany the venomous reptile or reptile of concern while in travel status in Florida and shall describe the course of action to be taken in the event of a critical incident or natural disaster in Florida.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19,          .

 

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 Roger Young

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 3,2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 15, 2022