The purpose of the amendment is to allow the Commission to grant, pursuant to 379.353(2)(q), F.S., permits that would exempt from recreational license requirements military personnel or disabled veterans during events. The effect would be to allow ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

RULE NO.:RULE TITLE:

68-1.011Military/Disabled Veteran License Exemption Permits

PURPOSE AND EFFECT: The purpose of the amendment is to allow the Commission to grant, pursuant to Section 379.353(2)(q), F.S., permits that would exempt from recreational license requirements military personnel or disabled veterans during events. The effect would be to allow military personnel or disabled veterans to fish without first obtaining recreational hunting or fishing licenses during these permitted events.

SUMMARY: This rulemaking will allow the Commission to grant exemptions to recreational license requirements for military personnel or disabled veterans pursuant to Section 379.353(2)(q), F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The nature of the rule and the preliminary analysis conducted to determine whether a SERC was required

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: Art. IV, Sec. 9, Florida Constitution; 379.353(2)(q) FS.

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution; 379.353(2)(q) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATES, TIME AND PLACE SHOWN BELOW:

DATES AND TIME: During the Commission’s regular meeting November 20-21, 2013, 8:30 a.m. − 5:00 p.m. each day

PLACE: Hyatt Regency Bonaventure Conference Center, 250 Racquet Club Road, Weston, FL 33326

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Shannon Wright, Regional Director, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68-1.011 Military/Disabled Veteran License Exemption Permits.

(1) Pursuant to Section 379.353(2)(q), F.S., the Executive Director or his or her designee shall issue military/disabled veteran license exemption permits (MDVE permits) exempting the following persons from the recreational licenses and permits authorized by Section 379.354, F.S., for the duration of a specified event: disabled veterans certified by the United States Department of Veterans Affairs or its predecessor or by any branch of the United States Armed Forces to have a service-connected disability percentage rating of zero or higher; active duty or reserve duty servicemembers of any branch of the United States Armed Forces, the United States Coast Guard, military reserves, the Florida National Guard, or the United States Coast Guard Reserve; the immediate family members of these disabled veterans or military personnel; and one additional person to assist each disabled veteran. For purposes of this subsection, an event is an organized, time-limited occasion for the primary purpose of the rehabilitation or enjoyment of the above-listed disabled veterans or military personnel. An individual or entity interested in hosting an event using the MDVE exemption must apply in the manner specified by the Commission a minimum of 10 business days before the start of an event. MDVE permit holders shall ensure that all exempted event participants meet all requirements of the statute.

(2) The MDVE permit only provides an exemption from recreational licenses and permits authorized by Section 379.354, F.S.; additional permits may be required. The MDVE permit does not exempt permittees or event participants from size limits, bag limits, slot limits, gear restrictions, seasons, or any other harvest restrictions.

(3) Exemptions from authorizations required for limited-entry activities are not available.

(4) The MDVE permit shall only be issued for events that do not unduly impact resources, interfere with other users, or impose significant costs to the Commission.

(5) The Commission shall impose upon any MDVE permit such reasonable conditions as are necessary to assure that the use or activity authorized will limit liability to the agency and protect fish, wildlife, natural, and cultural resources.

(6) Violations of this rule or of the terms of the MDVE permit may result in the revocation of the permit and the denial of future permit applications pursuant to Rule 68-1.010, F.A.C.

Rulemaking Authority Art. IV, Sec. 9, Florida Constitution; 379.353(2)(q) FS. Law Implemented Art. IV, Sec. 9, Florida Constitution; 379.353(2)(q) FS. History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Shannon Wright, Regional Director, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 5, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 23, 2013