68D-34.006. Livery Permits

(1) Requests for issuance of a livery permit, as provided in Section 327.54, F.S., shall be submitted to the Commission via email to [e-mail] or to Fish and Wildlife Conservation Commission, Boating and Waterways Section/Livery Permit, 620 South Meridian Street, Tallahassee, Florida 32399. A livery permit shall be issued when such requests include all of the following:

(a) A copy of the Florida Livery Permit Checklist, form FWCDLE_311 (10/2023), which is hereby incorporated by reference and which is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16298.

(b) A list of all vessels offered by the livery for lease or rent.

(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-16296.

(d) A copy of the Livery Permit Certification, form FWCDLE_312 (10/2023), which is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16299, 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, Amended 1-3-24.