68A-9.008: Permits for Physically Disabled
PURPOSE AND EFFECT: The purpose of the proposed rule changes is a clarification of the medical conditions which qualify a person for certification as mobility-impaired. The current qualification of “permanently required to use assisting aids to walk” has been interpreted by certifying physicians in a manner inconsistent with the original intent of the mobility-impaired program. Single-leg amputees seeking certification must have an amputation above the knee to qualify for certification. The effect of the proposed rule changes will remove the subjective medical qualifications from future mobility-impaired certification applications.
SUMMARY: The proposed rule changes will remove “permanently required to use assisting aids to walk” from the list of qualifying medical conditions and clarify that single-leg amputations must be above the knee for those persons seeking certification as mobility-impaired. All persons currently certified as mobility-impaired will maintain their certification, unless their certification was obtained under false pretenses. The proposed change includes non-substantive technical changes, such as grammatical corrections, language standardization or clarification of an existing rule.
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.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, February 6-7, 2008, 8:30 a.m. – 5:00 p.m., each day
PLACE: Bay Point Marriott Golf Resort & Spa, 4200 Marriott Drive, Panama City Beach, Florida 32408
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: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
THE FULL TEXT OF THE PROPOSED RULE IS:
68A-9.008 Permits for Physically Disabled.
The executive director or his designee may issue permits, to persons who are permanently physically disabled as described below, for activities which would otherwise be regulated or prohibited by these rules. Such permits shall be conditioned as necessary to protect natural resources and to regulate access in accordance with management plans and policies for the area. Individuals not meeting the criteria for a permit set forth in this rule may request accommodation through the process established by the agency:
(1) through (2) No change.
(3) Alternative mobility permits. Permits to operate an all-terrain vehicle will be issued based upon a determination that the applicant has submitted an original certificate from a licensed physician certifying that the individual is mobility impaired in that he or she is one of the following: paraplegic, hemiplegic, quadriplegic, permanently dependent upon a wheelchair for ambulation, permanently required to use braces or prosthesis on both legs, or complete single-leg amputation above the knee. “All-terrain vehicle” shall be as defined in Rule 68A-1.004, F.A.C., provided that no two-wheeled or two-cycle vehicles will be permitted.
(4) Mobility-impaired quota hunt permits. As specified by subsection 68A-5.005(1), F.A.C., applicants for mobility-impaired hunts shall submit an application on forms furnished by the Commission, only via No no person shall be eligible for issuance of a mobility-impaired quota permit unless the person has obtained a mobility-impaired identification card. A mobility-impaired identification card may be obtained by submitting a completed mobility-impaired eligibility certification application (Form QA-801) to on record with the Commission. Certification as Participants in the mobility-impaired hunt shall be restricted to persons who are paraplegic, hemiplegic, or quadriplegic, permanently dependent upon a wheelchair for ambulation, permanently required to use assisting aids to walk, permanently required to use braces or prosthesis on both legs, or who have had complete single-leg amputation above the knee. Certifications issued prior to July 1, 2008 will remain valid, unless obtained under false pretenses.
PROPOSED EFFECTIVE DATE : May 1, 2008.
Specific Authority Art. IV, Sec. 9,
BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE FAW.