Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
RULE NO.: RULE TITLE:
68-1.003: Florida Fish and Wildlife Conservation Commission Grants Program
PURPOSE AND EFFECT: The purpose and effect of the proposed rule development is to update the Florida Boating Improvement Program Guidelines (Jan. 2010), and the accompanying application forms, incorporated by reference in subsection 68-1.003(9), F.A.C., to improve and increase efficiency in the grant application and award process.
SUMMARY: The proposed rule amendment replaces the Florida Boating Improvement Program Guidelines (01/2010) and the accompanying application forms, incorporated by reference, with the Florida Boating Improvement Program Guidelines (02/2012). Proposed changes to the guidelines include the following: 1) revised evaluation criteria to increase the emphasis on cost efficiency and the need for the project; 2) reduce the number of required copies of the application; 3) provide more time to obtain permits for construction projects; 4) change match requirements to cost share; 5) include compliance requirements regarding contingency fees and employment eligibility.
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: Based on the nature of the rule and the preliminary information and analysis conducted to date.
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: Article IV, Section 9, Florida Constitution., 206.606, 327.04, 327.47, 379.106 FS.
LAW IMPLEMENTED: 206.606, 327.47, 328.72, 379.106 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tim Woody, FBIP Program Administrator, or Patricia Harrell, Boat Access Coordinator, Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, Boating and Waterways Section, 620 South Meridian Street, Room 235, Tallahassee, Florida 32399, telephone (850)488-5600 or email fbip@myfwc.com

THE FULL TEXT OF THE PROPOSED RULE IS:

68-1.003 Florida Fish and Wildlife Conservation Commission Grants Program.

(1) through (8) No change.

(9) Florida Boating Improvement Program grants shall meet all additional program requirements set forth in the Florida Boating Improvement Program Guidelines (Feb. 2012 Jan. 2010), which are hereby incorporated by reference. The following forms are hereby adopted and incorporated by reference: FWC/FBIP-A, Florida Boating Improvement Program Grant Application for Recreational Channel Markers and Other Uniform Waterway Markers, 02/12 01/10; FWC/FBIP-B, Florida Boating Improvement Program Grant Application for Boating Access Facilities, 02/12 01/10; FWC/FBIP-C, Florida Boating Improvement Program Grant Application for Derelict Vessel Removal, 02/12 01/10; FWC/FBIP-D, Florida Boating Improvement Program Boater Education Grant Application, 02/12 01/10; FWC/FBIP-E, Florida Boating Improvement Program Grant Application for Economic Initiatives and Other Local Boating Related Projects, 02/12 07/08. The guidelines and forms are available at http://www.myfwc.com/boating/boating-grant-programs/fbip/ http://myfwc.com/RECREATION/boat_grant_index.htm or from the Commission at 620 S. Meridian Street, 1M, Tallahassee, Florida 32399-1600.

(10) through (12) No change.

Rulemaking Authority 206.606, 327.04, 327.47, 379.106 FS. Law Implemented 206.606, 327.47, 328.72, 379.106 FS. History–New 4-4-04, Amended 3-15-05, Formerly 68A-2.015, Amended 5-22-07, 7-6-08, 1-18-09, 3-21-10, 6-30-10,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Patricia Harrell, Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 8, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 5, 2011