The proposed amendment to Rule 68-1.003(12), F.A.C., would incorporate changes to the Program Guidelines for the Boating Infrastructure Grant (BIG) Program to conform to changes in the federal rule, 50 CFR Part 86, Boating Infrastructure Grant ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

RULE NO.:RULE TITLE:

68-1.003Florida Fish and Wildlife Conservation Commission Grants Program

PURPOSE AND EFFECT: The proposed amendment to Rule 68-1.003(12), F.A.C., would incorporate changes to the Program Guidelines for the Boating Infrastructure Grant (BIG) Program to conform to changes in the federal rule, 50 CFR Part 86, Boating Infrastructure Grant Program.

SUMMARY: This rule will incorporate proposed revisions to the Boating Infrastructure Grant (BIG) Program, Program Guidelines, including: (1) Changing the period required to operate and maintain a funded facility from a 20-year period to the period of useful life that is established in the grant application by explanation or justification, 2) Changing allowable dredging costs from 10 percent of the cost or $200,000, whichever is less, to a maximum of $200,000, 3) Modifying the definition of a transient user from a 10-day stay or less to a 15-day stay or less, 4) Making ineligible roads, parking lots, and other landward facilities that are not necessary for transient users, 5) Further defining how the project must be pro-rated when facilities being funded will also benefit other ineligible facilities, 6) Changing the names for the two Tiers in the Program, 7) Changing the maximum funding for each tier, and 8) Changing the scoring criteria.

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, Florida Constitution, 327.04, 327.47, 379.106 FS.

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution 327.47, 328.72, 379.106 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: Deborah Furrow, Boating Infrastructure Grant Program Administrator, Division of Law Enforcement, Florida Fish and Wildlife Conservation Commission, Bryant Building Headquarters, 620 S. Meridian St., Tallahassee, FL 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) through (11) No change.

(12) Boating Infrastructure Grant Program grants shall meet all additional program requirements set forth in the Boating Infrastructure Grant Program Guidelines (dated July 2016 Jan. 2008), which are hereby incorporated by reference. The following form is hereby adopted and incorporated by reference: FWC/BIGP-APP, Boating Infrastructure Grant Program Grant Application, 07/08. The guidelines and form are available from the Commission at 620 S. Meridian Street, 1M, Tallahassee, Florida 32399-1600 or https://www.flrules.org/Gateway/reference.asp?No=Ref-.

(13) No change.

Rulemaking Authority 206.606, 327.04, 327.47, 379.106 FS. Law Implemented 206.606, 327.47, 328.72, 379.106 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,____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Deborah Furrow, Boating Infrastrure Grant Program Administrator, Division of Law Enforcement, Florida Fish and Wildlife Conservation Commission, Bryant Building Headquarters, 620 S. Meridian St., Tallahassee, FL 32399, [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 22, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 06/21/2016