Florida Statute 379.3761
“Exhibition or sale of wildlife; fees; classifications”
What it means
No person, party, firm, association or corporation may have wildlife in captivity for public display, with or without charge, or for public sale without first securing a permit from the Fish and Wildlife Conservation Commission. “Wildlife” here means birds, mammals, amphibians and reptiles, native to Florida or not; the section does not apply to wildlife not protected by law and commission rules. The permit specifies the species and number ((1)).
Separately, no one may sell wild animal life designated by commission rule as a conditional or prohibited species, Class I or Class II wildlife, a reptile of concern, or a venomous reptile in Florida, including a sale with delivery in Florida, unless authorized by the commission ((1)).
Annual permit fees: $150 for up to 25 Class I or II specimens, $250 for over 25, and $50 for Class III, deposited in the State Game Trust Fund ((2)). The exhibition licensing provisions do not apply to publicly owned wildlife exhibits or licensed traveling zoos, circuses and exhibits ((4)), and the section does not apply to farmed ostriches, emus, rheas and bison, with stated exceptions ((5)). Violations are punishable under s. 379.4015 ((6)).
- A commission permit is required to have wildlife in captivity for public display (with or without charge) or public sale (§ 379.3761(1)).
- Selling conditional or prohibited species, Class I or II wildlife, reptiles of concern or venomous reptiles requires commission authorization (§ 379.3761(1)).
- Fees: $150 per year for up to 25 Class I or II specimens, $250 for more than 25, $50 for Class III (§ 379.3761(2)).
- An applicant states the place, number and species, and on request shows when, where and how wildlife acquired after the act's effective date was obtained (§ 379.3761(3)).
- Exhibition licensing does not apply to publicly owned exhibits or traveling zoos, circuses and exhibits licensed under chapter 205 (§ 379.3761(4)).
- A violation is punishable under s. 379.4015 (§ 379.3761(6)).
Text of the statute (2026)
(1) In order to provide humane treatment and sanitary surroundings for wild animals kept in captivity, no person, party, firm, association, or corporation shall have, or be in possession of, in captivity for the purpose of public display with or without charge or for public sale any wildlife, specifically birds, mammals, amphibians, and reptiles, whether native to Florida or not, without having first secured a permit from the commission authorizing such person, party, firm, association, or corporation to have in its possession in captivity the species and number of wildlife specified within such permit; however, this section does not apply to any wildlife not protected by law and the rules of the commission. No person, party, firm, association, or corporation may sell any wild animal life designated by commission rule as a conditional or prohibited species, Class I or Class II wildlife, reptile of concern, or venomous reptile in this state, including a sale with delivery made in this state, regardless of the origin of the sale or the location of the initial transaction, unless authorized by the commission.
(2) The fees to be paid for the issuance of permits required by subsection (1) shall be as follows: (a) For not more than 25 Class I or Class II individual specimens in the aggregate of all species, the sum of $150 per annum. (b) For over 25 Class I or Class II individual specimens in the aggregate of all species, the sum of $250 per annum. (c) For any number of Class III individual specimens in the aggregate of all species, the sum of $50 per annum. The fees prescribed by this subsection shall be submitted to the commission with the application for permit required by subsection (1) and shall be deposited in the State Game Trust Fund.
(3) An applicant for a permit shall be required to include in her or his application a statement showing the place, number, and species of wildlife to be held in captivity by the applicant and shall be required upon request by the Fish and Wildlife Conservation Commission to show when, where, and in what manner she or he came into possession of any wildlife acquired subsequent to the effective date of this act. The source of acquisition of such wildlife shall not be divulged by the commission except in connection with a violation of this section or a regulation of the commission in which information as to source of wildlife is required as evidence in the prosecution of such violation.
(4) The provisions of this section relative to licensing for exhibition do not apply to any municipal, county, state, or other publicly owned wildlife exhibit or any traveling zoo, circus, or exhibit licensed under chapter 205. (5) This section shall not apply to the possession, control, care, and maintenance of ostriches, emus, rheas, and bison domesticated and confined for commercial farming purposes, except those kept and maintained on hunting preserves or game farms or primarily for exhibition purposes in zoos, carnivals, circuses, and other such establishments where such species are kept primarily for display to the public. (6) A person who violates this section is punishable as provided in s. 379.4015.
Excerpts are the subsections the summary relies on. Read the full official text of § 379.3761.
History. s. 1, ch. 67-290; s. 84, ch. 79-164; s. 2, ch. 93-223; s. 590, ch. 95-148; s. 173, ch. 99-245; s. 33, ch. 2002-46; s. 9, ch. 2003-151; s. 2, ch. 2005-210; s. 164, ch. 2008-247; s. 39, ch. 2009-86; s. 4, ch. 2010-185.
How it applies
The prohibitions apply to any “person, party, firm, association, or corporation” that keeps wildlife for public display or public sale, and to any sale of the listed categories of wildlife in Florida, including a sale with delivery in Florida. The text of § 379.3761 does not address transfers by inheritance or gift, and it does not regulate private possession that involves no display or sale.
Questions people ask
Sources
- Fla. Stat. § 379.3761 (“without having first secured a permit from the commission.”)
- Fla. Stat. § 379.4015 (Section 379.3761(6) makes a violation punishable as provided in s. 379.4015, “Nonnative and captive wildlife penalties” (cross-reference only; penalties not summarized).)
Last checked: October 17, 2026
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