RULE NO: RULE TITLE
68A-20.004: Regulations in Fish Management Areas
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to allow landowners or lease holders and their guests to transport guns through Fish Management Areas to privately-owned in-holdings and adjacent lands without a permit from the Executive Director, provided that guns are securely encased per Chapter 790, Florida Statutes.
SUMMARY: Subsection (6) of Rule 68A-20.004, F.A.C., would be changed to allow landowners or lease holders and their guests to transport guns through Fish Management Areas while traveling directly to or from privately-owned in-holdings without a permit from the Executive Director, provided the guns are securely encased per Chapter 790, Florida Statutes. The proposed rule also would allow landowners or lease holders and their guests to transport guns through Fish Management Areas while traveling directly to or from private lands that are adjacent to these areas without a permit from the Executive Director when this is the only legal means of vehicular access to the property and provided the guns are securely encased per Chapter 790, Florida Statutes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution 375.313 FS.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution 375.313 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting, June 13-14, 2007, 8:30 a.m. – 5:00 p.m., each day
PLACE: Radisson Suite Hotel Oceanfront, 3101 North Highway A1A, Melbourne, Florida
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: Darrell Scovell, Director, Division of Freshwater Fisheries Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-20.004 Regulations in Fish Management Areas.

(1) through (8) No change.

(9) Guns:

(a) Notwithstanding the specific area regulations in Rule 68A-20.005, F.A.C., generally prohibiting possession of a gun, persons meeting the following requirements are allowed to possess and transport guns within a vehicle or vessel provided the guns are securely encased as defined under Chapter 790, Florida Statutes:

1. Persons and guests of such persons who own or lease private lands within the boundaries of a fish management area, provided they are transporting guns directly to or from said private lands;

2. Persons and guests of such persons who own or lease private lands that are located adjacent or proximal to a fish management area and the only legal means of vehicular access is through the fish management area, provided they are transporting guns directly to or from said private lands.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-20.04, Amended 5-10-87, 7-1-92, 7-1-94, 4-1-96, 7-1-97, 7-1-98, Formerly 39-20.004, Amended__________.