Unconfined captive wildlife shall be maintained under rigid supervision and control, so as to prevent injuries to members of the public. No captive wildlife shall be tethered outdoors unsupervised. To provide for public safety, all wildlife shall be tethered or controlled in such a manner as to prevent physical contact with the public and a structural safety barrier, as provided in paragraph 68A-6.009(2)(b), F.A.C., must be present to prevent physical contact with unconfined Class I or Class II wildlife except in instances where public contact is allowed in subsection (1), below.

1. (1) Public contact and exhibition.

   1. (a) General: All Class I, II or III wildlife that will be used for contact with the public shall have been evaluated by the exhibitor to insure compatibility with the uses intended. All wildlife shall be exhibited in a manner that prevents injuries to the public and the wildlife. The exhibitor shall take reasonable sanitary precautions to minimize the possibility of disease or parasite transmission which could adversely affect the health or welfare of citizens or wildlife. When any conditions exists that results in a threat to human safety, or the welfare of the wildlife, the animal(s) shall, at the direction of a Commission officer, be immediately removed from public contact for an interval necessary to correct the unsafe or deficient condition.

   2. (b) Class I wildlife shall only be permitted to come into physical contact with the public in accordance with the following:

      1. Full contact: For the purpose of this section, full contact is defined as situations in which an exhibitor or employee handler maintains proximate control and supervision, while temporarily surrendering physical possession or custody of the animal to another. Full contact with Class I wildlife is authorized only as follows:

      a. Class I cats (Felidae only) that weigh not more than twenty-five (25) pounds,

      b. Chimpanzees, orangutans, and gorillas that are not less than six (6) months of age and weigh not more than twenty-five pounds,

      c. Gibbons and siamangs not less than four (4) months of age and not more than two (2) years of age,

      d. Elephants as approved in Rule 68A-6.007, F.A.C.

      2. Incidental contact: For the purpose of this section, incidental contact is defined as situations in which an exhibitor or employee handler maintains control, possession and supervision of the animal while permitting the public to come into contact with it. Incidental contact with Class I wildlife is authorized only as follows:

      a. Class I carnivores except cheetahs and cougars that weigh not more than 40 pounds,

      b. Chimpanzees, orangutans, and gorillas that are not less than six (6) months of age and weigh not more than 40 pounds,

      c. Gibbons and siamangs that are not less than four (4) months of age: no maximum poundage or age limit,

      d. Elephants,

      e. Incidental contact with other Class I wildlife must be approved in writing by the Commission prior to the use of the wildlife for incidental contact with the public. Factors to be considered when approving such contact are found in paragraph (1)(a).

   3. (c) . Public contact or handling intervals for Class I wildlife shall be limited as to frequency, intensity, and duration so that such handling will not adversely affect the health, welfare, or safety of the animals, nor expose the public to injury.

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