The purpose of this rule development effort is to revise rule provisions related to the Derelict Vessel Removal Grant Program in subsection (7) of the rule.

 

FISH AND WILDLIFE CONSERVATION COMMISSION

RULE NO.: RULE TITLE:

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

PURPOSE AND EFFECT: The purpose of this rule development effort is to revise rule provisions related to the Derelict Vessel Removal Grant Program in subsection (7) of the rule.

SUMMARY: This rule will incorporate revisions to the Derelict Vessel Removal Grant Program Guidelines and Application form. The substantive changes include eliminating the necessity that applicants provide matching funds, creating a continuously open application period for as long as grant funding is available, and clarifying that applicants must ensure owners or responsible parties for all derelict vessels have been provided Constitutional due process to be eligible for grant funding to remove the vessels under the program.

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.

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: 327.04, 206.606, and 376.15(3), FS.

LAW IMPLEMENTED: 376.15(3), 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: Phil Horning, Derelict Vessel Grant Program administrator, Division of Law Enforcement, Boating and Waterways Section, 620 South Meridian St., Tallahassee, Florida 32399-1600, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) through (6) No change.

(7) Derelict Vessel Removal Grant Program grants and grant applications shall meet all requirements set forth in the Florida Fish and Wildlife Conservation Commission’s (Commission) Derelict Vessel Removal Grant Program Guidelines (July 2019) (June 2016), which are hereby incorporated by reference. The following form is hereby adopted and incorporated by reference: FWC Derelict Vessel Removal Grant Application, form FWC/DV-APP (July 2019) FWC:DV-APP (September 2016). The guidelines and form are available at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx https://www.flrules.org/Gateway/reference.asp?No=Ref-07277, and https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx https://www.flrules.org/Gateway/reference.asp?No=Ref-07278, or from the Commission at 620 South Meridian Street, 1M, Tallahassee, Florida 32399-1600.

(8) through (13) No change.

Rulemaking Authority 206.606, 327.04, 327.47, 376.15(3)(d), 379.106 FS. Law Implemented 206.606, 327.47, 328.72, 376.15(3)(d), (e), 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, 9-11-16, 9-13-16, 4-23-17, 5-24-18, 2-21-19, 4-18-19, 7-17-19, ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Phil Horning, Derelict Vessel Grant Program administrator, Division of Law Enforcement, Boating and Waterways Section, 620 South Meridian St., Tallahassee, Florida 32399-1600, [phone], [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 17, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 15, 2019