The rules have been rendered obsolete due to statutory changes due to the passage of Chapter 2009-86 (CS/CS/HB/1423), Laws of Florida, which modified Section 327.46, Florida Statutes, and will alleviate duplicate language currently proposed within ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Vessel Registration and Boating Safety

Rule No.: RULE TITLE
68D-18.004: Special Purpose Marker Buoys
68D-18.005: Restricted Areas
PURPOSE AND EFFECT: The rules have been rendered obsolete due to statutory changes due to the passage of Chapter 2009-86 (CS/CS/HB/1423), Laws of Florida, which modified Section 327.46, Florida Statutes, and will alleviate duplicate language currently proposed within Chapter 68D-21, Florida Administrative Code (Approval of Local Ordinances Establishing Boating Restricted Areas) and amendments to Chapter 68D-23, Florida Administrative Code (Uniform Waterway Markers in Florida Waters).
SUMMARY: Rule 68D-18.004, Florida Administrative Code, required that special purpose marker buoys shall be a certain shape and size to mark special marine events and established a requirement to make such a request that is similar as waterway markers permitted pursuant to Chapter 68D-23, Florida Administrative Code. Rule 68D-18.005, Florida Administrative Code, prohibited the placement of regulatory markers in or over the Florida Intracoastal Waterway without a permit from the Division of Law Enforcement and required such requests to be made by application and accompanying documentation.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that these rules will not have an impact on small business. 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.
SPECIFIC AUTHORITY: 327.04, 327.40, 327.41 FS.
LAW IMPLEMENTED: 327.40, 327.41 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Captain Richard Moore, Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, Boating and Waterways Section, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

68D-18.004 Special Purpose Marker Buoys.

Rulemaking Specific Authority 327.04, 327.40, 327.41 FS. Law Implemented 327.40, 327.41 FS., ch. 72-55, Laws of Florida. History–New 10-20-72, Readopted 9-30-75, Formerly 16B-18.04, 16N-18.04, 16N-18.004, 62N-18.004, Repealed________.

 

68D-18.005 Restricted Areas.

Rulemaking Specific Authority 327.04, 327.40, 341.41 FS. Law Implemented 327.40, 327.41 FS., ch. 72-55, Laws of Florida. History–New 10-20-72, Readopted 9-30-75, Formerly 16B-18.05, 16N-18.05, 16N-18.005, 62N-18.005, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Colonel Jim Brown, Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 28, 2010