9 Investigates lack of citations for snake owners without permits

ORANGE COUNTY, Fla. — 9 Investigates learned only about half of all people who are caught with deadly snakes they aren’t supposed to have in Central Florida are actually cited by the Florida Fish and Wildlife Conservation Commission.

Investigative reporter Karla Ray dug through five years of data from the FWC after a second cobra slipped out of its cage in Ocala last month.

Since 2012, 39 people living in Central Florida have been caught with deadly snakes either without a permit or in improper cages -- but only half actually faced punishment or a fine.

The FWC issued 152 citations statewide over the last five years for keeping dangerous snakes without a license, keeping those snakes in improper cages or not maintaining bite protocol. The citations were issued to 21 people who live across Orange, Osceola, Volusia, Marion, Brevard and Lake counties.

One of the most infamous punishments was dialed down on a plea deal. Instead of facing jail time for two misdemeanor charges related to failing to immediately report when his king cobra escaped in 2015, Mike Kennedy will pay $4,000 to a wildlife alert fund and the FWC.

Nearly as many people in Central Florida have been given warnings for similar statute violations. Of the 212 warnings given statewide since 2012, 18 were handed out locally.

One example occurred in 2015 when the owner of two African Gaboon vipers was rushed to the hospital after one, that was inside its cage, bit him. Although the FWC told 9 Investigates at the time that the owner followed all the rules, the man was later given a warning for failure to submit a list of dangerous animals he was keeping for personal use.

FWC spokesman Robert Klepper told 9 Investigates by email that he didn’t have the resources to talk on camera about the FWC's philosophy on when to cite or give a warning, but pointed out Florida’s captive wildlife regulations are among the toughest in the nation. Those rules were tightened for new license holders following the 2015 Orange County cobra escape.

From the FWC:

"Venomous reptile licensees are inspected by an FWC investigator at least once per year. In late 2015, early 2016, the FWC inspected all venomous reptile licensees, regardless of their annual inspection schedule. FWC investigators examine the licensees’ facilities to ensure that caging requirements are being met, the health and safety requirements for the animals are being met, update inventories, examine licensees’ Critical Incident/Disaster Plan and other considerations. Florida Statutes and our captive wildlife regulations provide the tools our investigators need to address issues when violations occur."

At its November 2016 meeting, the Florida Fish and Wildlife Conservation Commission approved rule changes to existing venomous reptile regulations to improve public safety.

The new rules include measures that increase biosecurity for venomous reptiles, including:

•   The creation of an approved list of materials and qualifications for primary enclosures of venomous reptiles.

•   The creation of a secondary containment requirement for venomous reptiles (i.e., a structurally sound escape-proof room or outbuilding).

•   Regulating handling/free-handling of venomous reptiles outside of secondary containment.

•   Making licensees and employees both responsible for any employees’ care, use or possession of a licensee’s venomous reptiles.

•  Clarification of reporting requirements by licensees for escapes and bites.

•  Requiring both reference letters, rather than one, submitted as a part of an applicant’s initial experience documentation to be from a venomous reptile licensee or another qualifying facility.

•  Incorporating penalties for facilities who refuse inspection.

•  Setting additional criteria for experience exams, such as prohibiting use of reference materials during exam and setting criteria for when an exam can be retaken after two failed attempts.

The goal of the rule modifications is to reduce the risk to licensees, the general public and ecological resources from escapes and/or bites from venomous reptiles that are currently permitted for possession.

The FWC promotes responsible ownership of captive wildlife, and it is the goal of the FWC to develop the best regulations possible that provide for public safety, animal welfare and the legitimate use of wildlife for educational, exhibition or personal purposes.