In accordance with subsection 327.4107(7), Florida Statutes, the Vessel Turn-In Program (VTIP) will allow owners of vessels determined by law enforcement to be at risk of becoming derelict to surrender their vessels to FWC ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Vessel Registration and Boating Safety

RULE NO.:RULE TITLE:

68D-15.003Vessel Turn In Program

PURPOSE AND EFFECT: In accordance with subsection 327.4107(7), Florida Statutes, the Vessel Turn-In Program (VTIP) will allow owners of vessels determined by law enforcement to be at risk of becoming derelict to surrender their vessels to FWC to be destroyed without penalty to the owner.

SUMMARY: The proposed rule will create a Vessel Turn-In Program (VTIP). The VTIP program will allow the owner of a vessel determined by law enforcement to be at risk of becoming derelict, as provided in section 327.4017, F.S., to surrender his or her vessel and vessel title to the Commission so that the vessel can be destroyed without penalty or cost to the vessel owner. The program will reduce the fiscal and environmental impacts of derelict vessel removals by removing and destroying vessels from the waters of this State before they become derelict. The proposed rule incorporates guidelines, an application form, and other forms necessary for implementation of the VTIP.

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:

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: ss. 327.04, 327.4107, FS

LAW IMPLEMENTED: s. 327.4107

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: Phil Horning, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399; [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68D-15.003 Vessel Turn-In Program. 

(1) Pursuant to statutory authority granted to the Commission in section 327.4107, F.S., the Commission hereby establishes the Vessel Turn-In Program (VTIP), as part of a derelict vessel prevention program. The VTIP program will be administered by the Commission to allow a vessel owner whose vessel has been determined by law enforcement to be at risk of becoming derelict, as provided in section 327.4107, F.S., to turn his or her vessel title over to the Commission so the vessel can be destroyed and disposed of without penalty or cost to the owner. The VTIP program will be subject to appropriation and availability of funding.

(2) FWC Vessel Turn-In Program (VTIP) Guidelines (7/2022), which govern the VTIP program, are hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. In order to be considered for eligibility to participate in the VTIP program, prospective participants must submit a Vessel-Turn In Program (VTIP) Application, form FWCDLE_192 (7/2022), which is hereby incorporated by reference and which is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, as well as a Vessel Turn-In Program Waiver and Release, form FWCDLE_193 (7/2022), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. Once an applicant has been determined to be pre-eligible in accordance with the program guidelines, he or she will receive the Notice of Pre-Eligibility for VTIP Program and Instructions for Delivery of Junked Title, form FWCDLE_194 (7/2022), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. 

Rulemaking Authority 327.04, 327.4107(7), FS. Law Implemented 327.4107(7), FS. History–New ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Travis Franklin, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399; [e-mail].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 14, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 19, 2022