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Chapter 379 — Fish & Wildlife

Florida Statute 379.3761

“Exhibition or sale of wildlife; fees; classifications”

What it means

Keeping captive wildlife in Florida for public display, with or without charge, or for public sale requires a permit from the Fish and Wildlife Conservation Commission. The section works alongside Florida's captive-wildlife classification system — Class I, II, and III, sorted by risk — and sets the permit fees: $150 a year for Class I or II wildlife up to 25 specimens, $250 above 25, and $50 for Class III, all deposited into the State Game Trust Fund.

Exemptions cover public wildlife exhibits, traveling zoos and circuses licensed under chapter 205, and farmed ostriches, emus, rheas, and bison. Violations are punishable under s. 379.4015. Personal possession runs under separate FWC permitting — this section is the display-and-sale rule.

— What it says
  • An FWC permit is required to possess captive wildlife for public display or public sale — paid display or free.
  • Fees: Class I or II — $150/year up to 25 specimens, $250/year above; Class III — $50/year.
  • Fees fund the State Game Trust Fund.
  • Exempt: public wildlife exhibits, licensed traveling zoos and circuses, and farmed ostriches, emus, rheas, and bison.
  • Violations are punishable under s. 379.4015; personal possession of wildlife is separately permitted under FWC rules.
— In a real probate

How it plays out

Estates inherit animals, and occasionally the animal is a macaw, a python, or something with its own FWC classification. The personal representative's duty to preserve estate property under §733.607 includes a living animal — but this permitting system means the PR usually cannot lawfully sell it, display it, or in the riskier classes even house it. The workable plan is made while the owner is alive: place the animal with a licensed facility or sanctuary, sign the care agreement, and fund it through the estate plan, so the fiduciary inherits a contract instead of a caging problem.

Where this shows up

Pages on this site where § 379.3761 does real work:

Questions people ask

What happens to an exotic pet when its owner dies in Florida?
The animal becomes estate property the personal representative must preserve, but wildlife permitting limits the options — public display or sale requires an FWC permit under Florida Statute 379.3761, and possession of riskier classes is restricted. Placement with a licensed facility, arranged in advance, is the reliable answer.
The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 379.3761
Rachel Brannan Schadt, Esq.
Written by
Rachel Brannan Schadt, Esq.

Florida probate and estate attorney. Florida Bar #127500, admitted 2017. Third-generation Florida attorney and Sarasota native. Florida State University; Western Michigan University Cooley Law School. Admitted to the U.S. District Courts for the Northern, Middle and Southern Districts of Florida.

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