310320, 68D-23.101 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 310320

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Vessel Registration and Boating Safety

Chapter:

UNIFORM WATERWAY MARKERS IN FLORIDA WATERS

Overview

RULE:

68D-23.101	Intent
68D-23.103	Definitions
68D-23.104	Permits Required; Application for Permits
68D-23.106	Marker Placement Requirements
68D-23.107	Federal System Adopted
68D-23.108	Specifications for Markers
68D-23.109	Additional Specifications for Information, Danger, and Regulatory Markers
68D-23.110	Inspections and Certification
68D-23.112	Exemptions

PURPOSE:

The proposed changes to rules within this chapter are to: (1) correct and update statutory cross-references that have been changed since the current rule was promulgated in 2001; (2) improve clarity and consistency of language and definitions; (3) remove or revise obsolete provisions and cross-references; and (4) respond to requests for revisions received from stakeholders and from other governmental entities. The anticipated effects include the relaxation of certain reporting requirements and other reductions to the regulatory burden on permittees where possible.  Other anticipated effects include the provision to applicants of greater flexibility in the size of and messages displayed on waterway regulatory and information markers.

SUMMARY:

These rule amendments: Clarify the Commission’s intent to conform to applicable federal regulations and international conventions; clarify and rearrange existing definitions and provide two definitions for “inland lake, “associated canal,” and “in writing”; implement certain exemptions for governmental entities and clarify that these entities may voluntarily continue to apply for and obtain marker permits; clarify permitting procedures; establish general marker permit conditions in rule; eliminate obsolete deadlines; provide more complete installation details in conformance with U.S. Coast Guard technical requirements; provide specifications for marker inspection and eliminate the current inspection reporting requirement in favor of a record retention requirement; implement the provisions of chapter 2005-217, Laws of Florida.

RULEMAKING AUTHORITY:

327.04, 327.40, 327.41, 327.71 FS.

LAW:

327.40, 327.41, 327.46, 327.71, 370.12 FS.

PRINT PUBLISH DATE:

5/5/2006 Vol. 32/18

COMMENTS:

From 5/5/2006 To 5/26/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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