An animal rights group has filed suit against Hendry County. The group said the county broke the Sunshine Law when it approved a permit to build a primate breeding facility.

The Animal Legal Defense Fund attorney Christopher Berry said Hendry County does not have a policy when it comes to primate breeding facilities.

Under Sunshine Law, public meetings are required when crafting high-level policies.

Berry says by giving the okay without involving the public, Hendry County didn’t comply with the law.

“Essentially they are creating policy about the housing and quarantine and breeding of wild and exotic primates,” he said. “And they are making that policy decision behind closed doors.”

The Animal Legal Defense Fund filed the lawsuit on behalf of local residents. It’s asking the court to void the permit for the facility, which is currently under construction.

Berry said safety is a concern because these animals can carry diseases such as Ebola and tuberculosis.

But, Hendry County Administrator Charles Chapman said the company - called Primera - bought land that allows for certain agricultural uses. These uses are designated as animal husbandry and specialty farming. He said primate breeding falls under those designations.

Chapman said approving those uses does not require public meetings and therefore the county did not violate the Sunshine Law.

“Within that particular land use section – agricultural land use- specialty farming and animal husbandry are pre-prescribed, allowed uses," he said. "So in short, Primera did their homework, they bought the right piece of property and the right land use that did not require them to go through any additional procedures…and it ended with a staff review.”

This is the third primate breeding facility in Hendry County. Chapman said the previous two were passed under similar circumstances.