Florida -Tuesday March 7, 2023: The United States Association of Reptile Keepers Florida (USARK FL) has filed a Motion for Summary Judgment against the Florida Fish and Wildlife Conservation Commission (FWC) over recent additions to FWC's prohibited species list.
USARK Florida argues that FWC's 2021 rule amendments that moved several species, including Green iguanas and Tegus, to a newly-created "Prohibited Species" list, essentially ended the live animal trade in those species in Florida.
In its motion for summary judgement USARK FL maintains that FWC "did not observe due process when rulemaking." And although FWC has authority over “wild animal life”, it does not have authority over "commercial breeding of caged animals that are not wild animal life”.
USARK Florida is asking the court to declare that FWC violated procedural due process by failing to enact the Amended Rules on a credible biological basis, failing to provide notice of the Amended Rules and failing to consider lower cost regulatory alternatives proposed by USARK Florida .
Case number 2021-CA-977 was filed in Leon County Circuit Court. USARK FL’s Motion for Summary Judgement can be viewed here: https://usarkfl.wildapricot.org/resources/Documents/Filed%20Motion%20for%20Summary%20Judgment.pdf.