Requirements for Applications, Criteria for Approval of Ordinances, Seasonal or Year-round Boating Restricted Areas
FISH AND WILDLIFE CONSERVATION COMMISSION
Vessel Registration and Boating Safety
RULE NOS.:RULE TITLES:
68D-21.001Requirements for Applications
68D-21.004Criteria for Approval of Ordinances
68D-21.005Seasonal or Year-round Boating Restricted Areas
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 50 No. 110, June 5, 2024 issue of the Florida Administrative Register.
RULEMAKING AUTHORITY: 327.04, 327.302, 327.46 FS.
68D-21.001 Requirements for Applications.
(1) No change
(2) No change
(3) Each application must include:
(a) and (g) No change
(h) A summary of the facts and circumstances the applicant contends justifies the establishment of the restriction on speed or operation and a list of the evidence in support of that contention the applicant desires for the agency to review.
(i) No change
Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 10-6-10, Amended 11-10-21, _____.
68D-21.004 Criteria for Approval of Ordinances
(1) through (4) No Change
(5) (4) An ordinance establishing a vessel exclusion zone (an area from which all vessels or certain classes of vessels are excluded) will be approved if the area is reserved exclusively:
1. through 2. No change
Rulemaking Authority 327.04, 327.302, 327.46 FS. Law Implemented 327.302, 327.46 FS. History–New 10-6-10, Amended 6-24-21, _________.
68D-21.005 Seasonal or Year-round Boating Restricted Areas.
(1) The Commission will may approve an ordinance creating a year-round boating restricted area when the documentation provided reflects competent substantial evidence that such a restriction is necessary to protect public safety throughout the entire year. When vessel traffic studies alone are relied upon to apply for a year-round boating restricted area, the studies must document the area for a minimum of four consecutive, non-holiday (those days not identified as “holidays” in Rule 68D-23.103, F.A.C.) days, for each season (spring, summer, fall, and winter).
(2) The Commission will may approve an ordinance creating a seasonal boating restricted area when the documentation provided reflects competent substantial evidence that such a restriction is necessary to protect public safety throughout the requested season. When vessel traffic studies alone are relied upon to apply for a seasonal boating restricted area, the studies must document the area for a minimum of four consecutive, non-holiday days (those days not identified as “holidays” in Rule 68D-23.103, F.A.C.), for each season sought to be regulated. For purposes of this chapter, a seasonal boating restricted area shall mean a boating restricted area in force and effect for any time period less than a complete calendar year.
Rulemaking Authority 327.04, 327.302, 327.46 FS. Law Implemented 327.46 FS. History–New ________.
