Summary
The Joint Administrative and Procedures Committee of the Florida Legislature identified potential problems with and requested review of these rules.
Section 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 These sections either overreach or are redundant with the statute and should be repealed.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 This rule is outdated and no longer representative of FWC’s reserve program. Repealing the rule would not change the Division of Law Enforcement’s ability to have a program, but would remove an outdated and unnecessary rule.