68B-2.006: Restricted Species Endorsement Exemption
PURPOSE AND EFFECT: The purpose of this new rule is to create an exemption from the income requirements associated with a restricted species endorsement for honorably discharged veterans. This rule would assist Florida’s veterans wishing to enter the commercial fishing industry.
The primary effect of this rule would be to allow a one-time exception to the restricted species endorsement income requirement for resident veterans under specific circumstances. This rule will affect resident veterans honorably discharged between September 11, 2001 and June 30, 2014, and future veterans. Normally, to qualify for a restricted species endorsement one must possess a Florida Saltwater Products License as well as prove that $5,000 or 25% of their total income during one of the past three years has been attributable to reported landings and sales of saltwater products to a Florida wholesale dealer. Additionally, veterans with at least a 10% disability will only have to prove $2500 in income from the sales of saltwater products yearly.
SUMMARY: Rule 68B-2.006, F.A.C., (Restricted Species License Exemption) would be added to allow an income exemption from the restricted species endorsement qualification requirements for honorably discharged veterans. The income requirements would be waived for resident veterans honorably discharged between September 11, 2001, and June 30, 2014, who apply for an SPL with an RS endorsement between implementation of the rule and June 30, 2014. After June 30, 2014, the draft rule provides a one year waiver for the income requirement for resident veterans who apply for an SPL and an RS within four years of honorable discharge. The draft rule would also waive the income requirements for one year for any honorably discharged military veteran certified to be at least 10% permanently disabled from service related disabilities. In all subsequent years, a veteran with disabilities will only be required to provide proof of $2,500 in income from the sale of saltwater products instead of the current requirement of $5,000 or 25% of income.
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: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.
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.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting December 5-6, 8:30 a.m. – 5:00 p.m., each day
PLACE: Franklin County Courthouse, 33 Market Street, Apalachicola, FL 32320
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator, at (850)488-6411. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, (850)487-0554
THE FULL TEXT OF THE PROPOSED RULE IS:
68B-2.006 Restricted Species License Exemption.
(1) An honorably discharged resident military veteran certified by the United States Department of Veterans Affairs or its predecessor or by any branch of the United States Armed Forces to be at least 10% permanently service-connected disabled, upon proof of the same, shall not be required to provide documentation of the income requirement with the initial application for a restricted species endorsement. Documentation of the income requirement shall be required beginning with the renewal of the restricted species endorsement after such veteran has possessed a valid restricted species endorsement for a complete license year. This exemption may only be issued on an individual saltwater products license and is a one-time exemption. A restricted species endorsement may be issued on an individual saltwater products license thereafter where such disabled resident veteran documents that at least $2500 of such person’s income is attributable to the sale of saltwater products.
(2) Beginning July 1, 2014, a resident military veteran who applies to the Commission within 48 months after an honorable discharge from any branch of the United States Armed Forces, the Reserves, the Florida National Guard, or the U.S. Coast Guard shall not be required to provide documentation of the income requirement with the initial application for a restricted species endorsement. Documentation of the income requirement shall be required beginning with the renewal of the restricted species endorsement after such veteran has possessed a valid restricted species endorsement for a complete license year. This exemption may only be issued on an individual saltwater products license and is a one-time exemption per military enlistment.
(3) Until June 30, 2014, a resident military veteran who applies to the Commission and who received an honorable discharge from any branch of the United States Armed Forces, the Reserves, the Florida National Guard, or the U.S. Coast Guard between September 11, 2001, and June 30, 2014, shall not be required to provide documentation of the income requirement with the initial application for a restricted species endorsement. Documentation of the income requirement shall be required beginning with the renewal of the restricted species endorsement after such veteran has possessed a valid restricted species endorsement for a complete license year. This exemption may only be issued on an individual saltwater products license.
Rulemaking Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution. History–New________.