The purpose of this rule development effort is to revise rule provisions related to the Derelict Vessel Removal Grant Program in subsection (7) of the rule. The rule will be modified to provide for grant funding to applicants ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

RULE NO.:RULE TITLE:

68-1.003Florida Fish and Wildlife Conservation Commission Grants Program

PURPOSE AND EFFECT: The purpose of this rule development effort is to revise rule provisions related to the Derelict Vessel Removal Grant Program in subsection (7) of the rule. The rule will be modified to provide for grant funding to applicants to remove vessels which have become a public nuisance pursuant to paragraph 327.73(1)(aa), F.S., in accordance with subsection 823.11(4), F.S., as well as making other non-substantive changes and clarifications.

SUMMARY: This rule development effort would revise rule provisions related to the Derelict Vessel Removal Grant Program in subsection (7) of the rule to provide for grant funding to applicants to remove vessels which have become a public nuisance pursuant to paragraph 327.73(1)(aa), F.S., in accordance with subsection 823.11(4), F.S., as well as making other non-substantive changes and clarifications.

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: 327.04, 206.606, and 823.11(4), F.S.,

LAW IMPLEMENTED: 823.11(4), F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Major Rob Beaton, Division of Law Enforcement, Boating and Waterways Section, 620 South Meridian Street, Tallahassee, Florida 32399, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68-1.003 Florida Fish and Wildlife Conservation Commission Grants Program.

(1) – (6) No Change.

(7) Derelict Vessel and At-Risk/Public Nuisance Vessel Removal Grant Program grants and grant applications shall meet all requirements set forth in the Florida Fish and Wildlife Conservation Commission’s (Commission) Derelict Vessel and At-Risk/Public Nuisance Vessel Removal Grant Program Guidelines (9/2022) (November 2019), which are hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. All applicants must submit the The following form is hereby adopted and incorporated by reference: Derelict Vessel and At-Risk/Public Nuisance Vessel Removal Grant Application, form FWC/DV-APP (9/2022) (November 2019), which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. The guidelines and form are also available at https://www.flrules.org/Gateway/reference.asp?No=Ref-11353, and https://www.flrules.org/Gateway/reference.asp?No=Ref-11354, or from the Commission at 620 South Meridian Street, 1M, Tallahassee, Florida 32399-1600.

(8) – (14) No Change.

Rulemaking Authority 206.606, 327.04, 327.47, 376.15(3)(d), 379.106, 823.11(4) FS. Law Implemented 206.606, 327.47, 328.72, 376.15(d), (e), 379.106, 823.11(4) FS. History–New 4-4-04, Amended 3-15-05, Formerly 68A-2.015, Amended 5-22-07, 7-6-08, 1-18-09, 3-21-10, 6-30-10, 5-20-12, 2-9-15, 9-11-16, 9-13-16, 4-23-17, 5-24-18, 2-21-19, 4-18-19, 7-17-19, 9-11-19, 11-28-19, 4-15-20, 4-19-20, 1-6-21, 12-7-21, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Major Rob Beaton, Division of Law Enforcement, Boating and Waterways Section, 620 South Meridian Street, Tallahassee, Florida 32399, [e-mail]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 6, 2022