(1) Non-performance.
For one animal in a non-performing static facility, a paddock enclosing 1,500 square feet, 6 feet high, with access to a shelter. For each additional animal, increase paddock size by 50 percent of the original area. Elephants which are tethered within such enclosure shall be provided with daily unrestrained movement periods, unless daily tethering is necessary due to the following situations:
    (a) Elephant needs restraining due to a training period,
    (b) Elephant is aggressive toward people or other animals in the compound,
    (c) Elephant is undergoing medical treatment or research,
    (d) Elephant is restrained for security or breeding purposes,
    (e) Constant tethering shall not exceed 14 days without a written justification from a veterinarian. Tethering shall permit normal postural movement of the elephant.
    (2) Performing.
    (a) For one performing animal, a paddock enclosing not less than 700 square feet, 6 feet high, with access to a shelter. For each additional performing animal, increase paddock size by 50 percent of the original area. Elephants may be tethered in such enclosure; however, such restraint shall permit normal postural movements.
    (b) No facility shall utilize the performing elephant paddock dimensions prior to written approval by the Commission. To obtain such approval, the permittee shall provide written documentation to the Commission of exercise intervals and scheduled performances. The exercise intervals shall be of such frequency, intensity and duration as to provide for the health and welfare of the animal over an extended period. Such information shall be verifiable by Commission personnel through inspections.
    (c) When not kept in a paddock, performing, or being exercised, elephants shall either be (1) tethered, or (2) enclosed by an electric fence under the direct, on site, supervision of at least one qualified trainer/handler (see Fl. Admin. Code R. 68A-6.007, in an area not accessible to the public.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History-New 9-30-19.