To amend the rule as required by HB 1029 (2006) to "allow the possession of weapons [in State Parks] in compliance with all applicable Florida Statutes." The bill provides that subsection 62D-2.014(10), F.A.C., "shall be amended to indicate that ...  

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    DEPARTMENT OF ENVIRONMENTAL PROTECTION
    Division of Recreation and Parks

    RULE NO: RULE TITLE
    62D-2.014: Activities and Recreation
    PURPOSE AND EFFECT: To amend the rule as required by HB 1029 (2006) to “allow the possession of weapons [in State Parks] in compliance with all applicable Florida Statutes.” The bill provides that subsection 62D-2.014(10), F.A.C., “shall be amended to indicate that such weapons shall be at all times in the possession of a responsible party or properly secured within or to a vehicle or temporary housing, which shall include motor homes, travel trailers, recreational vehicles, campers, tents, or other enclosed structures while in state parks.” HB 1029 was designated Ch. 2006-103, Laws of Florida, and was effective October 1, 2006.

    SUMMARY: The rule amendment allows possession of weapons in state parks in accordance with HB 1029. The rule amendment provides a definition for “properly secured.” The rule amendment provides that use or display of weapons in a state park, and hunting in or shooting into a state park are prohibited, except for capture or control of certain nuisance or exotic animals. The rule amendment clarifies how permission can be obtained to trap or otherwise control certain nuisance or exotic animals within a state park when deemed necessary by the Department for management purposes.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

    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.

    SPECIFIC AUTHORITY: Ch. 2006-103, Laws of Florida.
    LAW IMPLEMENTED: Ch. 2006-103, Laws of Florida.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

    DATE AND TIME: February 28, 2007, 6:00 p.m.

    PLACE: Marjory Stoneman Douglas Building, Conference Room A (1st Floor), 3900 Commonwealth Blvd., Tallahassee, Florida

    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 2 days before the workshop/meeting by contacting: Robert Wilhelm, DEP, Bureau of Operational Services, MS 535, 3900 Commonwealth Blvd., Tallahassee FL 32399-3000, (850)245-3076, Robert.Wilhelm@dep.state.fl.us 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: Robert Wilhelm at the address above

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

    62D-2.014 Activities and Recreation

    (1) through (9) No change.

    (10) Hunting and Firearms. Hunting, trapping or the pursuit of wildlife is prohibited on all state park property, except in Reserves, as authorized by the Florida Fish and Wildlife Conservation Commission. Weapons shall at all times be in possession of a responsible party or properly secured within or to a vehicle or temporary housing, which shall include motor homes, travel trailers, recreational vehicles, campers, tents, or other enclosed structures, while in state parks. Properly secured means the weapon shall be locked away and not accessible to minors, and if in a tent means the weapon shall be secured in a locked container. No person shall use or openly display, carry, or possess in any state park weapons such as firearms of any type, air rifles, spring guns, cross bows, bows and arrows, gigs (except in areas where gigs may be legally used for saltwater fishing), sling shots, electronic weapons, devices which fire a dart or projectile, or any other forms of weapons or trapping devices potentially dangerous to wildlife or human safety except when such weapons or traps are used for resource management purposes as authorized in this subsection. Shooting weapons into park areas from beyond park boundaries is prohibited. Any device which is employed to kill, immobilize, or capture any wildlife or any device otherwise used in violation of this chapter shall be seized and confiscated by law enforcement officers. The Division may authorize the control of nuisance animals and may remove all nuisance or exotic animals from parks by trapping and other necessary means for park resource management purposes. Such authorization shall be in the form of a letter of authorization, license, permit, or contract negotiated by the parties or made pursuant to an advertised bid by the Division. Authorization may be obtained in the same manner as stated in subsection 62D-2.013(7), F.A.C., herein.

    (11) through (18) No change.

    Specific Authority 258.007(2) FS. Law Implemented 258.004, 258.007(1), 258.007(2), 258.007(3), 258.014, 258.016, 258.017, 258.037 FS., Ch. 2006-103, Laws of Florida. History–New 4-16-96, Amended 4-14-98, 12-19-99, 10-29-03,_________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Robert Wilhelm at the address above

    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Michael W. Sole, Secretary

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 8, 2007

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 8, 2006