20739781, 68A-3.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 20739781

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Freshwater Fish and Wildlife

Chapter:

WILDLIFE OFFICERS: APPOINTMENT, POWERS AND DUTIES

Overview

RULE:

68A-3.002	Powers of Wildlife Officers and Other Designated Assistants
68A-3.004	Wildlife Reserve Program (Repealed)

PURPOSE:

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.

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 These sections either overreach or are redundant with the statute and should be repealed.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 This rule is outdated and no longer representative of FWC’s reserve program. Repealing the rule would not change the Division of Law Enforcement’s ability to have a program, but would remove an outdated and unnecessary rule.

RULEMAKING AUTHORITY:

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

LAW:

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

PRINT PUBLISH DATE:

8/7/2018 Vol. 44/153

COMMENTS:

From 8/7/2018 To 8/28/2018 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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