The proposed rule amendments will modify the livery pre-ride and pre-rental instructions necessary for liveries offering a vessel for lease or rent with respect to paddlecraft and will update forms incorporated by reference ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Vessel Registration and Boating Safety

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The proposed rule amendments will modify the livery pre-ride and pre-rental instructions necessary for liveries offering a vessel for lease or rent with respect to paddlecraft and will update forms incorporated by reference to reflect these changes.

SUMMARY: The proposed rule amendments modify the pre-ride and pre-rental instructions necessary for paddlecraft and update the existing forms to be consistent with these changes.

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: Captain Rachel Bryant, 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) and (2) No change.

(3) Liveries offering a vessel for lease or rent, other than paddlecraft, shall conduct an on-the-water demonstration and check ride to verify the prospective operator’s ability to safely operate the vessel to be leased or rented.

(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 (05/2024 10/2023), Livery Pre-Rental and Pre-Ride Instruction Attestation – Motorized Vessels, which is hereby incorporated by reference and which is available at https://www.flrules.org/Gatgeway/reference.asp?No=Ref-XXXXX https://www.flruules.org/Gatgeway/reference.asp?No=Ref-16288 and/or form FWCDLE-313B (05/202410/2023) Livery Pre-Rental and Pre-Ride Instruction Attestation – Human Powered which are hereby incorporated by reference and available at  https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flruules.org/Gatgeway/reference.asp?No=Ref-16300

Rulemaking Authority 327.04, 327.39, 327.54 FS. Law Implemented 327.39, 327.54 FS. History–New 1-31-23, Amended 1-3-24, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Captain Rachel Bryant, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [e-mail]; [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 01, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 8, 2024