The purpose of the proposed amendments is to update language in the application process to reflect change to an online system. Other amendments would provide non-substantive technical changes, such as grammatical corrections, ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-12.010Regulations Governing the Operation of Private Hunting Preserves

PURPOSE AND EFFECT: The purpose of the proposed amendments is to update language in the application process to reflect change to an online system. Other amendments would provide non-substantive technical changes, such as grammatical corrections, language standardization, or clarification of an existing rule. These amendments will have the effect of clarifying the application process.

SUMMARY: The proposed rule will update language in the application process to reflect change to an online system and provide other non-substantive technical changes.

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, Florida Constitution

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution

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

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: Major Grant Burton, 620 South Meridian Street, Tallahassee, FL 32399

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-12.010 Regulations Governing the Operation of Private Hunting Preserves.

(1)-(2) No change.

(3) General qualifications: Licensees or applicants for a commercial or private preserve license shall:

(a)-(d) No change.

(e) Meet the experience requirements for Class I Bovidae authorization and submit required documentation, as outlined in Rule 68A-6.004, F.A.C., if seeking authorization to possess such Class I wildlife. However, experience requirements shall not apply to applicants for permits to possess Class II Bovidae if licensed under Sections 379.3711 and 379.3712, F.S. Experience gained with Class II Bovidae, while exempt from experience requirements pursuant to this paragraph, shall not satisfy the requirements of Rule 68A-6.004, F.A.C., unless the applicant has possessed and/or managed the wildlife for a minimum of 5 consecutive years.

(f) No change.

(4) License application requirements: An applicant shall make written application to the Commission. The applicant for a preserve license shall provide the following information:

(a) The applicant’s legal name, date of birth, and contact information to include personal phone number, business phone number, and email address, if any. The name of the applicant and the business name of the proposed preserve, where applicable. To be licensed as a corporation, the facility shall be currently registered through the Florida Department of State, Division of Corporations.

(b) To be permitted as a business, in addition to paragraph (a), the applicant shall provide the name of the business and the business shall be currently registered through the Florida Department of State, Division of Corporations.

(c)(b) The complete mailing address to include city, state and zip code for the applicant/business.

(c)-(d) renumbered (d)-(e)  No change.

(f)(e) The Ccounty or Ccounties where the preserve is located and the size (in acres) of the area to be fenced and utilized for the preserve.

(g)(f) The current estimated inventory of game possessed, identified by species and quantity.

(g) The applicant’s printed legal name, signature, and contact information to include home phone number and business phone number.

(h) The applicant’s driver’s license number/ID number and aA copy of the applicant’s valid government-issued photo ID.

(i) The applicant’s biographical information to include date of birth, driver’s license number/ID number.

(j) E-mail address, if any.

(k) Indication of whether the preserve is operated for private or commercial purposes.

(l)-(n) renumbered (j)-(l). No change.

(m) The applicant’s acknowledgement that the information provided in the application is true, accurate, and complete.

(5) Any corporation authorized to do business in Florida may apply for preserve license.

(a) For corporations authorized to possess Class I Bovidae, such corporation shall have qualified personnel responsible for the care of such wildlife. The corporation shall provide documentation of experience for at least one person in accordance with Rule 68A-6.004, F.A.C. Such documentation of experience shall be submitted to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, and shall be subject to approval upon initial application and upon each instance of change in qualified personnel.

(b) No change.

(6)-(22) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, 7-1-83, Formerly 39-12.10, Amended 8-5-86, 4-11-90, 4-15-92, 10-20-96, 6-23-99, Formerly 39-12.010, Amended 5-29-01, 11-3-02, 7-1-05, 11-22-18, 12-3-20, 7-4-21,           .

 

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: Colonel Roger Young

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 3,2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 15, 2022