Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Vessel Registration and Boating Safety
RULE NO: RULE TITLE
68D-18.004: Special Purpose Marker Buoys
68D-18.005: Restricted Areas
PURPOSE AND EFFECT: The rules have been rendered obsolete due to statutory changes due to the passage of Chapter 2009-86 (CS/CS/HB/1423), Laws of Florida, which modified Section 327.46, Florida Statutes, and will alleviate duplicate language currently proposed within Chapter 68D-21, F.A.C., (Approval of Local Ordinances Establishing Boating Restricted Areas) and amendments to Chapter 68D-23 (Uniform Waterway Markers in Florida Waters).
SUMMARY: Rule 68D-18.004, F.A.C., required that special purpose marker buoys shall be a certain shape and size to mark special marine events and established a requirement to make such a request that is similar as waterway markers permitted pursuant to Chapter 68D-23 and Rule 68D-18.005, F.A.C., prohibited the placement of regulatory markers in or over the Florida Intracoastal Waterway without a permit from the Division of Law Enforcement and required such requests to be made by application and accompanying documentation.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that these rules will not have an impact on small business. A SERC has not been prepared by the agency.
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: 327.04, 327.40, 327.41 FS.
LAW IMPLEMENTED: 327.40, 327.41 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 23-24, 2010, 8:30 a.m. – 5:00 p.m., each day
PLACE: Orlando Marriott Lake Mary, 1501 International Parkway, Lake Mary, FL 32746
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: 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: Captain Richard Moore, Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, Boating and Waterways Section, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)488-5600, richard.moore@myfwc.com

THE FULL TEXT OF THE PROPOSED RULE IS:

68D-18.004 Special Purpose Marker Buoys.

Specific Authority 327.04, 327.40, 327.41 FS. Law Implemented 327.40, 327.41 FS., ch. 72-55, Laws of Florida. History–New 10-20-72, Readopted 9-30-75, Formerly 16B-18.04, 16N-18.04, 16N-18.004, 62N-18.004, Repealed________.

 

68D-18.005 Restricted Areas.

Specific Authority 327.04, 327.40, 341.41 FS. Law Implemented 327.40, 327.41 FS., ch. 72-55, Laws of Florida. History–New 10-20-72, Readopted 9-30-75, Formerly 16B-18.05, 16N-18.05, 16N-18.005, 62N-18.005, Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Colonel Jim Brown, Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 28, 2010