1. (1) 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:

   1. (a) Primary enclosures shall be structurally sound and constructed using the following authorized materials: plate glass of at least one-eighth (1/8) inch thickness, break-resistant or injection molded plastic of similar strength, concrete reinforced with wire, sheet metal, one-quarter (1/4) inch or smaller woven or welded wire mesh (hardware cloth), molded fiberglass, plywood or solid wood (excluding materials constructed of lumber by-products such as oriented strand board (OSB), medium density fibreboard (MDF) and melamine) that has been treated to be impervious to moisture and is not less than one-half (1/2) inch in thickness, or other materials which provide equivalent stability and security against escape and unauthorized intrusion. Primary enclosures equipped with tracks holding sliding panels shall have the tracks secured with screws or rivets and enclosure design shall be escape-proof for the species contained therein. Primary enclosures and doors to primary enclosures shall be secured.

   2. (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. Any components constructed of lumber byproducts such as oriented strand board (OSB), medium density fibreboard (MDF) and melamine shall be no less than one-half (1/2) inch in thickness, shall not be directly exposed to weather and shall be constructed, covered, coated or treated to be impervious to moisture.

      2. Manufactured outbuildings purchased after December 31, 2016, shall bear the insignia of approval of the Florida Building Commission and the manufacturer’s data plate shall be clearly visible, legible and unobstructed.

      3. Any room or outbuilding so used shall be securely anchored to the ground. Any outbuilding so used shall be equipped with a safety entrance. For the purposes of this rule, a safety entrance is defined as a protected, escape-proof area that can be entered by a keeper and prevents escape of venomous reptile(s) from secondary containment. Safety entrances shall be constructed of materials that are of equivalent strength as that prescribed for secondary containment and subject to Commission approval.

      4. Rooms or outbuildings shall not be equipped with roll-up or retractable type entrances.

      5. All rooms or outbuildings housing venomous reptiles shall be locked to prevent unauthorized intrusion, inspected and approved as conforming to these rules by Commission personnel prior to use.

      6. Such room or out building shall be clearly posted at every point of entry with a sign stating “Danger – Venomous Reptiles” or in the instance of nonvenomous reptiles of concern a sign stating “Danger – Dangerous Reptiles.”

      7. If a viewing panel is used as a portion of an exterior wall of a room or out building serving as secondary containment, that viewing panel shall not also serve as one of the venomous reptile primary enclosure walls.

      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. All primary enclosure access points shall be within the escape-proof room or out building.

   3. (c) Venomous reptiles and reptiles of concern may be housed outside of secondary containment in outdoor primary enclosures meeting the following conditions:

      1. Outdoor open-topped enclosures may only be used to house venomous reptiles native to the State of Florida and shall be inspected and approved by the Commission prior to use.

      2. For venomous reptile species and reptiles of concern not native to Florida, all outdoor enclosures shall be topped with close-meshed wire or an equivalent barrier to provide additional security, equipped with a safety entrance and shall be inspected and approved by the Commission prior to use.

      3. The floors of outdoor enclosures shall be of concrete or masonry block construction at least two (2) inches in thickness. Sides shall be constructed of concrete block, or strength equivalent material, with a minimum height of four (4) feet above the floor of the enclosure. Outdoor enclosures need not have concrete or masonry flooring if the enclosure meets the following additional specifications:

      a. The enclosure shall have concrete or masonry walls, at least eight inches in thickness, or strength equivalent.

      b. The enclosure shall have footers made of concrete, or strength equivalent, extending not less than three feet below the grade level, outside the perimeter.

      c. The corners of enclosure shall be designed or guarded to prevent the escape of reptiles by climbing.

      d. All landscaping of the enclosure shall be arranged to insure that vegetation or other structures do not allow for the escape of reptiles.

      4. Entrance doors shall be kept securely locked on all outdoor enclosures to prevent escape and unauthorized intrusion and the enclosure shall be equipped with barriers to prevent visitors from falling into enclosures that are constructed below ground level.

      5. Outdoor enclosures shall meet the minimum standard caging size requirements as specified in this chapter.

      6. If a viewing panel is used as a portion of an exterior wall of an outdoor open-topped enclosure, such panel shall be constructed of a minimum of one-quarter (1/4) inch thick, tempered, safety glass. Viewing panel shall not serve as an access point to the enclosure.

   4. (d) The amendments to the facility requirements in subsection (1), of this rule, shall be effective December 31, 2016, but shall not apply to those facilities licensed to possess venomous reptiles prior to that date. Facilities licensed to possess venomous reptiles prior to December 31, 2016, shall have until January 1, 2018, to come into compliance with the amendments to subsection (1) of this rule, but their enclosures must be structurally sound and escape-proof. After December 31, 2016, those licensees that desire to expand their inventory to include a family of venomous reptile species not previously authorized at their facility location shall comply with the amended requirements of subsection (1) of this rule.

2. (2) Licensees and employees:

   1. (a) Venomous reptile or reptile of concern licensees and employees shall each be fully responsible for any employees’ care, use and/or possession of the licensee’s venomous reptiles or reptiles of concern.
   2. (b) In the event that the licensee is not present at the licensed facility, the employee(s) of a venomous reptile or reptile of concern licensee shall make the licensee’s facility available for inspection by Commission personnel.

3. (3) Facilities housing venomous reptiles shall maintain bite or exposure protocols for the species of venomous reptiles possessed and have a visible primary enclosure identification system identifying the venomous reptiles housed or maintained on the premises.

   1. (a) Bite or Exposure Protocol: Facilities or premises where venomous reptiles are housed or maintained shall have posted on the premises a venomous reptile bite protocol. Such protocol shall include: identification of the species by common and scientific name, emergency contact information, type of antivenin required for treatment of bites or exposures from the species housed or maintained, a plan of action to be taken in the event of a bite or exposure, and location of antivenin if stored on premises. In lieu of antivenin on premises contact information shall be provided for an antivenin bank or medical facility that maintains antivenin for the species possessed. Such protocol shall be clearly visible and posted in the room, building or other structure and in close proximity to where venomous reptiles are housed or maintained. Such protocol shall be current and accurate.
   2. (b) Primary Enclosure Identification System: Each primary enclosure housing venomous reptiles shall be accurately, visibly and clearly marked with a label stating “Danger Venomous Reptile;” identifying the species contained therein by common and scientific name; and displaying the PIT tag number or photograph of the specimen(s) within, if applicable. A label as described above shall accompany the venomous reptile when it is removed from the primary enclosure and transported outside of an escape-proof room or out building. Venomous reptile identification labels shall be removed from empty primary enclosures.
   3. (c) Facilities with one or more licensees at the same facility location may not commingle their respective live venomous reptile or reptile of concern inventories. All primary enclosures must be clearly identified or visibly marked with the name of the licensee or other identifier to facilitate inventory inspections.
4. (4) Inspection: Venomous reptiles or reptiles of concern held in captivity are subject to inspection by Commission personnel. Commission personnel shall determine whether such venomous reptiles or reptiles of concern are securely, properly and safely housed.
5. (5) No person except the licensee or his or her authorized employee shall open any primary enclosure, pit, or other container which contains venomous reptiles.
6. (6) Handling of non-native venomous reptiles outside of secondary containment is prohibited, except as authorized in writing by the Commission prior to handling activity. Free-handling of non-native venomous reptiles outside of secondary containment is prohibited.
7. (7) Transporting: Any person transporting venomous reptiles shall comply with Section 379.372, F.S., and the provisions of this rule. Venomous reptiles shall be placed in a stout closely woven cloth sack, tied or otherwise secured. In lieu of a stout closely woven cloth sack, the venomous reptile may be contained in a trap, container or box of solid construction which is locked or otherwise secured. The sack, trap, container or box shall then be placed in a locked box or container. The outer box or container shall be constructed of material strong enough to prevent escape and shall have small air holes, which shall be screened. Outer boxes or containers shall be prominently labeled “Danger – Venomous Reptiles” and shall be subject to inspection and approval by the Commission.

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