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The Florida Statutes

The 2004 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 372
WILDLIFE
View Entire Chapter
Section 372.922, Florida Statutes 2004

372.922  Personal possession of wildlife.--

(1)  It is unlawful for any person or persons to possess any wildlife as defined in this act, whether indigenous to Florida or not, until she or he has obtained a permit as provided by this section from the Fish and Wildlife Conservation Commission.

(2)  The classifications of types of wildlife and fees to be paid for permits for the personal possession of wildlife shall be as follows:

(a)  Class I--Wildlife which, because of its nature, habits, or status, shall not be possessed as a personal pet.

(b)  Class II--Wildlife considered to present a real or potential threat to human safety, the sum of $140 per annum.

(c)  Class III--All other wildlife not included in Class I or Class II, for which a no-cost permit must be obtained from the commission.

(3)  The commission shall promulgate rules defining Class I, Class II, and Class III types of wildlife. The commission shall also establish rules and requirements necessary to ensure that permits are granted only to persons qualified to possess and care properly for wildlife and that permitted wildlife possessed as personal pets will be maintained in sanitary surroundings and appropriate neighborhoods.

(4)  In instances where wildlife is seized or taken into custody by the commission, said owner or possessor of such wildlife 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 wildlife. Such expenses shall be paid by said owner or possessor upon any conviction or finding of guilt of a criminal or noncriminal violation, regardless of adjudication or plea entered, of any provision of chapter 828 or this chapter, or rule of the commission or if such violation is disposed of under s. 921.187. Failure to pay such expense may be grounds for revocation or denial of permits to such individual to possess wildlife.

(5)  Any person, firm, corporation, or association exhibiting or selling wildlife and being duly permitted as provided by s. 372.921 shall be exempt from the fee requirement to receive a permit under this section.

(6)  This section shall not apply to the possession, control, care, and maintenance of ostriches, emus, and rheas, except those kept and maintained primarily for exhibition purposes in zoos, carnivals, circuses, and other establishments where such species are kept for display to the public.

(7)  Persons in violation of this section shall be punishable as provided in s. 372.83.

History.--s. 1, ch. 74-309; s. 9, ch. 91-134; s. 3, ch. 93-223; s. 591, ch. 95-148; s. 6, ch. 98-333; s. 174, ch. 99-245; s. 34, ch. 2002-46; s. 10, ch. 2003-151.

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