To repeal rules that are redundant with statutes providing for law enforcement authority.

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-3.002Powers of Wildlife Officers and Other Designated Assistants

68A-3.004Wildlife Reserve Program

PURPOSE AND EFFECT: To repeal rules that are redundant with statutes providing for law enforcement authority.

SUMMARY: The Joint Administrative and Procedures Committee of the Florida Legislature identified potential problems with and requested review of these rules.

 

Subsections 68A-3.002(1) and (2) lists powers of wildlife officers and “duly authorized assistants”. These sections give the executive director and these assistants the power to make arrests and enforce all laws or rules relating to wild animal life and freshwater aquatic life. The rule purports to be implementing 379.3311, F.S., Police powers of commission and its agents, but instead expands on those powers. These sections either overreach or are redundant with the statute and should be repealed. Section (3) provides the ability for other law enforcement personnel to enforce all laws or rules relating to wild animal life and freshwater aquatic life, and should be retained.

 

Rule 68A-3.004 Wildlife Reserve Program. This rule is outdated and no longer representative of FWC’s reserve program. Repealing the rule would not change the Division of Law Enforcement’s ability to have a program, but would remove an outdated and unnecessary rule.

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: Art. IV, Sec. 9, Florida Constitution, 379.1025, 379.3311, FS.

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution, 379.1025, 379.3311, 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: Bud Vielhauer, General Counsel, 620 S. Meridian Street, Tallahassee, FL 32399.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-3.002 Powers of Wildlife Officers and Other Designated Assistants.

(1) The Fish and Wildlife Conservation Commission, the executive director and each wildlife officer are constituted peace officers with the power to make arrests for violation of the laws of the state in accordance with the provisions of Section 379.3311, F.S.

(2) Other duly authorized assistants as designated by the executive director are empowered to enforce all laws or rules relating to wild animal life and freshwater aquatic life in accordance with the provisions of subsection (2), Section 379.3311, F.S.

(3) Those state officers who are vested with powers of arrest and those municipal police officers and deputy sheriffs acting within the scope of their police jurisdiction are empowered to enforce all laws or rules relating to wild animal life and freshwater aquatic life.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented 379.3311 FS. History–New 8-1-79, Amended 6-21-82, Formerly 39-3.02, 39-3.002, Amended          .

 

68A-3.004 Wildlife Reserve Program.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented 379.3311 FS. History–New 8-1-79, Amended 6-21-82, 7-1-84, Formerly 39-3.04, 39-3.004, Repealed         .

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED.  IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bud Vielhauer, General Counsel, 620 S. Meridian Street, Tallahassee, FL 32399.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 4/25/2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 9/27/2017