The purpose of the rule amendment is to restructure and provide clarity to the rule language. As the rule is currently written, stakeholders and staff must read through all rule sections in order to determine when or how a license, permit or ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

RULE NO.:RULE TITLE:

68-1.010General Regulations Relating to Licenses, Permits and Other Authorizations

PURPOSE AND EFFECT: The purpose of the rule amendment is to restructure and provide clarity to the rule language. As the rule is currently written, stakeholders and staff must read through all rule sections in order to determine when or how a license, permit or authorization will be granted, denied or revoked. The reorganization moves those standards to the first two sections of the rule. The sections that follow provide for mitigating or aggravating factors to be considered and set forth general requirements for staff and licensees, permittees or other authorization holders.

SUMMARY: The Commission’s general regulations relating to licenses, permits and other authorizations will be clarified so that stakeholders can more easily determine when and how their licenses are granted, denied, or revoked. The standards have been consolidated at the beginning of the rule. The sections that follow clarify the responsibilities of the Commission’s licensees, permittees or other authorization holders. Section (3) provides for the consideration of mitigating or aggravating factors, which will clarify that applicants and licensees, permittees and authorization holders have the ability to provide mitigating information to staff and that staff have the ability to consider this information.

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, Fla. Const., 379.1025, FS.

LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const.

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: Bud Vielhauer, General Counsel, 620 S. Meridian Street, Tallahassee, Florida 32399.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 68-1.010 follows. See Florida Administrative Code for present text.

68-1.010 General Regulations Relating to Licenses, Permits and Other Authorizations.

The following shall apply to all licenses, permits or other authorizations in addition to requirements specific to individual licenses.

(1) The Commission shall deny applications for any license, permit or other authorization based upon any one or more of the following grounds:

(a) Submission by the applicant of false, misleading, or inaccurate information in the application or in any supporting documentation provided by the applicant or on behalf of the applicant relating to the license, permit, or other authorization, or omission of any information which has a false, misleading or inaccurate effect.

(b) Failure of the applicant to meet eligibility requirements or criteria for issuance of the license, permit or other authorization.

(c) Authorization to conduct the activities requested in the application will endanger the health, safety or welfare of the public, wild animal life, fresh water aquatic life or marine life.

(d) Applicant has received a disposition other than acquittal or dismissal of any provision of Chapters 369, 379 or 828, F.S., or rules of the Commission, or other similar laws or rules in this or any jurisdiction that relate to the subject matter of the license, permit or authorization sought.

(e) Failure by the applicant at any time to comply with Chapters 369, 379 or 828, F.S., or the rules of the Commission or other laws or rules relating to the subject matter of the license, permit, or other authorization sought.

(f) Submission by the applicant of materially false information in any previously submitted or pending application or supporting documentation relating to the application.

(g) Failure to comply with any final order issued by the Commission, or pay fines or license fees due to the Commission.

(2) The Commission shall revoke or deny the renewal of any license, permit or other authorization based on any one or more of the following grounds:

(a) The licensee, permittee or other holder of authorization has received a disposition other than acquittal or dismissal of any provision of Chapters 369, 379 or 828, F.S., or rules of the Commission, or other similar laws or rules in this or any jurisdiction that relate to the subject matter of the license, permit or authorization.

(b) The licensee, permittee or other holder of authorization failed at any time to comply with Chapters 369, 379 or 828, F.S., or the rules of the Commission or other laws or rules relating to the subject matter of the license, permit, or other authorization.

(c) The licensee, permittee or other holder of authorization has submitted materially false information in any previously submitted or pending application or supporting documentation relating to the application, or documentation or reports required by the license, permit or authorization.

(d) The licensee, permittee or other holder of authorization is conducting activities under the license, permit or authorization in a manner that endangers the health, safety or welfare of the public, wild animal life, fresh water aquatic life or marine life.

(3) Based upon consideration of aggravating or mitigating factors in an individual case, except for explicit statutory maximum and minimum penalty requirements, Commission may deviate from the licensure actions in subsections (1) and (2), above. The Commission shall consider as aggravating or mitigating factors the following:

(a) The severity of the applicant, licensee, or permittee’s conduct;

(b) The danger to the public created or occasioned by the conduct;

(c) The existence of prior violations of Chapters 369, 379 or 828, F.S., rules of the Commission or other laws or rules relating to the subject matter of the license, permit, or other authorization sought;

(d) Attempts by the applicant, licensee or permittee to correct or prevent violations, or the refusal or failure of the applicant, licensee or permittee to take reasonable measures to correct or prevent violations;

(e) Related violations by the applicant, licensee or permittee in another jurisdiction;

(f) Any other mitigating or aggravating factors that reasonably relate to public safety and welfare or the management and protection of natural resources for which the Commission is responsible.

(4) When denial of a license, permit or other authorization is required under the provisions of subsection (1) but the license, permit or other authorization was issued in error, the Commission shall, without consideration of the factors in subsection (3), revoke the license, permit or authorization.

(5) When a licensee, permittee or other holder of authorization by the Commission no longer meets the eligibility requirements or criteria for the license, permit or authorization, the Commission shall, without consideration of the factors in subsection (3), revoke the license, permit or authorization.

(6) The licensee, permittee or other holder of authorization by the Commission shall:

(a) Maintain complete and correct written and/or electronic records as required by Commission license, permit, other authorization or regulations.

(b) Submit complete and correct reports as required by Commission license, permit, other authorization or regulations.

(c) Open records and facilities of operation under the license, permit, or other authorization, to inspection by an authorized representative of the Commission.

(d) Comply with the conditions set forth under a license, permit or other authorization.

(e) Comply with Chapters 369 and 379, F.S., and rules of the Commission.

(7) The provisions of this rule shall not be construed so as to prohibit, limit, or otherwise affect any civil action or criminal prosecution, so as to limit the ability of the Commission to enter into binding stipulations with affected parties in accordance with Section 120.57(3), F.S., or so as to affect the authority of a court or the Commission to require forfeiture of any license, permit or other authorization issued pursuant to Chapters 369 or 379, F.S., as provided by law.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-24-13, Amended ,           .

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED.  IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bud Vielhauer, General Counsel, 620 S. Meridian St., Tallahassee, FL 32399.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 5, 2018