The proposed rule amendments will implement Legislative changes to the insurance requirements for liveries as set forth in section 327.54, F.S. This will be accomplished through updates to rule language and/or form(s). It ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Vessel Registration and Boating Safety

RULE NOS.:RULE TITLES:

68D-34.002Livery Pre-Rental and Pre-Ride Instruction Requirements

68D-34.006Livery Permits

PURPOSE AND EFFECT: The proposed rule amendments will implement Legislative changes to the insurance requirements for liveries as set forth in section 327.54, F.S. This will be accomplished through updates to rule language and/or form(s). It will also streamline the pre-rental and pre-ride instruction requirements by amending the incorporated form(s). The effect of the proposed rule amendments will be to clarify for liveries the insurance requirements and pre-ride and pre-rental instruction requirements.

SUMMARY: The proposed rule amendments reflect changes to the insurance requirements for liveries as set forth in s. 327.54, F.S., and clarify the pre-rental and pre-ride instructions liveries must provide to renters. It does this by modifying existing forms and creating a new form.

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: 327.04, 327.54(2)(a), FS.

LAW IMPLEMENTED: 327.54, 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: Nicholas Korade, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [e-mail]; [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68D-34.002 Livery Pre-Rental and Pre-Ride Instruction Requirements.

(1) through (3) No change.

(4) Both the individual providing pre-rental and pre-ride instruction and the person receiving pre-rental and pre-ride instruction must sign a form attesting that the pre-rental and pre-ride instruction was provided and received in accordance with this rule and Section 327.54, F.S. using form FWCDLE_313A (10/2023 11/2022), Livery Pre-Rental and Pre-Ride Instruction Attestation – Motorized Vessels, which is hereby incorporated by reference and which is available at https://www.flruules.org/Gatgeway/reference.asp?No=Ref-16077 and/or form FWCDLE-313B (10/2023) Livery Pre-Rental and Pre-Ride Instruction Attestation – Human Powered which are hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16078

Rulemaking Authority 327.04, 327.39, 327.54 FS. Law Implemented 327.39, 327.54 FS. History–New 1-31-23, __________.

 

68D-34.006 Livery Permits.

(1) No change.

(a) A copy of the Florida Livery Permit Checklist, form FWCDLE_311 (10/2023 11/2022), which is hereby incorporated by reference and which is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16079.

(b) No change.

(c) A copy of a valid insurance policy for the livery meeting the requirements of Section 327.54, F.S. For convenience, liveries providing optional insurance coverage to renters may utilize the Livery Insurance Coverage Option for Renter form FWCDLE 319 (10/2023), which is hereby incorporated by reference and is available at

http://www.flrules.org/Gateway/reference.asp?No=Ref-16076

(d) A copy of the Livery Permit Certification, form FWCDLE_312 (11/2022 10/2023), which is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16080 and which is hereby incorporated by reference. This form must be signed by the livery or by the official agent of the livery with authority to bind the livery. 

(e) If the livery permit is to be issued to a corporation, limited liability company, or partnership, a copy of the business documents establishing the livery as such. If the livery is to be issued to an individual, a copy of the individual’s government issued photo identification.

(2) All livery permits shall be issued using the same delivery method as the permit request was made. If a livery permit is issued by email it shall be received from [e-mail]. Such email with the attached permit may be shown to law enforcement on an electronic device as evidence of the permit. Each permit shall have a unique identifying number and shall be electronically signed by staff in the Boating and Waterways Section. Such permits shall be issued on form FWCDLE_310 (11/2022), Livery Permit, which is located at https://www.flrules.org/Gateway/reference.asp?No=Ref-15115, and which is hereby incorporated by reference.

(3) Livery permits issued in 2023 will be valid for the remainder of calendar year 2023 and will expire in 2024 on the applicant’s birthday. Livery permits will thereafter expire annually on the applicant’s birthday.

(4)(a) Livery permits shall be revoked, and applications for livery permits shall be denied, as follows:

1. For two or more violations of any combination of the following within a 24-month period or for four violations over any period of time, which result in dispositions other than dismissal or acquittal and which were issued to any person owning or operating the livery:

a. Subsection 327.54(2), F.S., except as provided in subparagraph 2. below.

b. Subsections 327.54(4), (5), (6), (7), (8), and (9), F.S.

c. Paragraph 327.54(3)(a), (b), (c), (d), or (e), F.S.

2. For three or more violations of any combination of the following within a 12-month period or for five violations over any period of time, which result in dispositions other than dismissal or acquittal and which were issued to any person owning or operating the livery:

a. Failure to provide the Commission with updated information within 10 days of a change of such information, as provided in subsection 327.54(2), F.S.

b. Subsection 327.54(10), F.S.

c. Paragraph 327.54(3)(f) or (g), F.S.

(b) Revocations of livery permits and denials of livery permit applications pursuant to this section shall be in effect for two years for a first revocation or denial. A second revocation of a livery permit pursuant to this section shall be permanent. The Commission shall not issue a permit to an application for a livery which has been the subject of a permanent revocation.

(c) The commission shall notify livery permit holders or applicants of a revocation or denial in writing. Such notice shall constitute final agency action.

Rulemaking Authority 327.04, 327.54 FS. Law Implemented 327.54 FS. History–New 1-31-23, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Captain Rachel Bryant

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 5, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 24, 2023