This amendment creates a delegation of authority to the Executive Director in Rule 68-1.009, F.A.C. This delegation will allow the Executive Director to approve acquisition agreements (purchase or option agreements) that ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

RULE NO.:RULE TITLE:

68-1.009Delegations of Authority to the Executive Director

PURPOSE AND EFFECT: This amendment creates a delegation of authority to the Executive Director in Rule 68-1.009, F.A.C. This delegation will allow the Executive Director to approve acquisition agreements (purchase or option agreements) that include up to $1,000,000 in Commission funding, or when exceeding $1,000,000, are subject to Commission approval. This delegation of authority will help streamline and expedite the acquisition process, which is undertaken in partnership with the Department of Environmental Protection, Division of State Lands. Final approval for acquisitions is provided by the Governor and Cabinet. Lands acquired by FWC are important for the conservation of fish and wildlife and to provide public access for hunting and other recreational activities.

SUMMARY: The delegation of authority rule lists the items that the Executive Director can take action on without additional Commission direction. This delegation will allow the Executive Director to approve acquisition agreements (purchase or option agreements) that include up to $1,000,000 in Commission funding, or when exceeding $1,000,000, are subject to Commission approval.

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: Article IV, Section 9, Fla. Const.

LAW IMPLEMENTED: Article IV, Section 9, Fla. Const., 20.331(9), FS.

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: Melissa Tucker, Director, Division of Habitat and Species Conservation, Florida Fish and Wildlife Conservation Commission, 620 S. Meridian St., Tallahassee, Florida 32399.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68-1.009 Delegations of Authority to the Executive Director.

The Delegations of Authority by the Fish and Wildlife Conservation Commission to the Executive Director (dated October 2020) is hereby incorporated by reference and available adopted on February 14, 2013 found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 03086, is incorporated herein by reference. The incorporation of this delegation into rule does not preclude or prohibit the Commission from granting additional delegations of authority to its Executive Director from time-to-time as may be necessary to assure orderly administration of the agency. Any actions to be taken, or decisions to be made, by the Commission pursuant to any rule of the agency may be exercised by the Executive Director or his or her designee unless such actions or decisions are expressly reserved by the Commission in the rule or are specifically required by law to be made by the Commission in an area not involving the Commission’s constitutional authority.

Rulemaking Authority Article IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 1- 8-08, Amended 10-23-08, 9-9-13, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Melissa Tucker, Director, Division of Habitat and Species Conservation, Florida Fish and Wildlife Conservation Commission, 620 S. Meridian St., Tallahassee, Florida 32399.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 7, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 14, 2020