Section I Notice of Development of Proposed Rules and Negotiated Rulemaking

Florida Administrative Register                                                     Volume 45, Number 17, January 25, 2019


                 Section I                                       RULEMAKING AUTHORITY: 393.501, 393.13(4)(g)3.
                                                                 LAW IMPLEMENTED: 393.13(4)(g)
 Notice of Development of Proposed Rules                         A RULE DEVELOPMENT WORKSHOP WILL BE HELD
        and Negotiated Rulemaking                                AT THE DATE, TIME AND PLACE SHOWN BELOW:
                                                                 DATE AND TIME: February 19, 2019, 1:00 p.m. to 4:00 p.m.
DEPARTMENT OF BUSINESS AND PROFESSIONAL                          PLACE: Agency for Persons with Disabilities, 4030 Esplanade
REGULATION                                                       Way, Room 301, Tallahassee, Florida 32399-0950.
Division of Alcoholic Beverages and Tobacco                      Pursuant to the provisions of the Americans with Disabilities
RULE NO.:         RULE TITLE:                                    Act, any person requiring special accommodations to
61A-4.020         Storage Permits                                participate in this workshop/meeting is asked to advise the
PURPOSE AND EFFECT: To update statutory citations within         agency at least 48 days before the workshop/meeting by
the rule, clarify application and permitting procedures, and     contacting: Kathleen Brown-Blake at (850)922-9399 If you are
promulgate form DBPR ABT-6017, Application for Off-              hearing or speech impaired, please contact the agency using the
Premises Storage Permit.                                         Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-
SUBJECT AREA TO BE ADDRESSED: To promulgate and                  8770 (Voice).
incorporate by reference form DBPR ABT-6017, Application         THE PERSON TO BE CONTACTED REGARDING THE
for Off-Premises Storage Permit.                                 PROPOSED RULE DEVELOPMENT AND A COPY OF
RULEMAKING AUTHORITY: 561.11 FS.                                 THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kathleen
LAW IMPLEMENTED: 561.08, 561.18, 562.03, 562.41,                 Brown-Blake, Agency for Persons with Disabilities, 4030
562.408, 565.03(3) FS.                                           Esplanade Way, Tallahassee, Florida 32399-0950, (850)922-
IF REQUESTED IN WRITING AND NOT DEEMED                           9399, Kathleen.Brown-Blake @apdcares.org.
UNNECESSARY BY THE AGENCY HEAD, A RULE                           THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN                          DEVELOPMENT IS NOT AVAILABLE.
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.                                                        DEPARTMENT OF BUSINESS AND PROFESSIONAL
THE PERSON TO BE CONTACTED REGARDING THE                         REGULATION
PROPOSED RULE DEVELOPMENT AND A COPY OF                          Board of Accountancy
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Rebecca                 RULE NO.:          RULE TITLE:
Hays, Counsel for Compliance and Regulatory Programs,            61H1-20.0093 Rules of the Auditor General
Division of Alcoholic Beverages and Tobacco, 2601 Blair          PURPOSE AND EFFECT: The Board proposes the rule
Stone Road, Tallahassee, Florida 32399, (850)717-1314,           amendment to incorporate by reference the newest version of
Rebecca.Hays@myfloridalicense.com.                               the rules of the Auditor General.
THE PRELIMINARY TEXT OF THE PROPOSED RULE                        SUBJECT AREA TO BE ADDRESSED: Rules of the Auditor
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM                       General.
THE CONTACT PERSON LISTED ABOVE.                                 RULEMAKING AUTHORITY: 473.304, 473.315 FS.
                                                                 LAW IMPLEMENTED: 473.315 FS.
DEPARTMENT OF CHILDREN AND FAMILIES                              IF REQUESTED IN WRITING AND NOT DEEMED
Agency for Persons with Disabilities                             UNNECESSARY BY THE AGENCY HEAD, A RULE
RULE NOS.:          RULE TITLES:                                 DEVELOPMENT WORKSHOP WILL BE NOTICED IN
65G-4.008           Behavior Analysis Services Oversight         THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
                    System Organization                          REGISTER.
65G-4.009           Design, Implementation and Monitoring of     THE PERSON TO BE CONTACTED REGARDING THE
                    Behavior Analysis Services                   PROPOSED RULE DEVELOPMENT AND A COPY OF
65G-4.010           Behavior Analysis Services Approval
                                                                 THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Veloria
PURPOSE AND EFFECT: The purpose and effect of the rule
                                                                 A. Kelly, Division Director, Board of Accountancy, 240 NW
development is to clarify and update the language regarding
                                                                 76th Drive, Suite A, Gainesville, Florida 32607.
behavior analysis services oversight and monitoring and to
                                                                 THE PRELIMINARY TEXT OF THE PROPOSED RULE
update the language to reflect current industry standards.
                                                                 DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
SUBJECT AREA TO BE ADDRESSED: The subject areas to
                                                                 THE CONTACT PERSON LISTED ABOVE.
be addressed in the rule development are the behavior analysis
services oversight and monitoring and to update the language
to reflect current industry standards.

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DEPARTMENT OF BUSINESS AND PROFESSIONAL                              The Agency has determined that the proposed rule is not
REGULATION                                                           expected to require legislative ratification based on the
Board of Accountancy                                                 statement of estimated regulatory costs or if no SERC is
RULE NO.:         RULE TITLE:                                        required, the information expressly relied upon and described
61H1-27.001       College or University Requirements                 herein: The Department used a checklist to conduct an
PURPOSE AND EFFECT: The Board proposes the rule                      economic analysis and determine if there is an adverse impact
amendment add an additional accrediting agency.                      or regulatory costs associated with this rule that exceeds the
SUBJECT AREA TO BE ADDRESSED: College or                             criteria in section 120.541(2)(a), F.S. Based upon this analysis,
University Requirements.                                             the Department has determined that the proposed rule is not
RULEMAKING AUTHORITY: 473.304, 473.306 FS.                           expected to require legislative ratification.
LAW IMPLEMENTED: 473.306 FS.                                         Any person who wishes to provide information regarding a
IF REQUESTED IN WRITING AND NOT DEEMED                               statement of estimated regulatory costs, or provide a proposal
UNNECESSARY BY THE AGENCY HEAD, A RULE                               for a lower cost regulatory alternative must do so in writing
DEVELOPMENT WORKSHOP WILL BE NOTICED IN                              within 21 days of this notice.
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE                            RULEMAKING AUTHORITY: 39.0138(2)(a), FS.
REGISTER.                                                            LAW IMPLEMENTED: 39.0138, FS.
THE PERSON TO BE CONTACTED REGARDING THE                             IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS
PROPOSED RULE DEVELOPMENT AND A COPY OF                              NOTICE, A HEARING WILL BE SCHEDULED AND
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Veloria                     ANNOUNCED IN THE FAR.
A. Kelly, Division Director, Board of Accountancy, 240 NW            THE PERSON TO BE CONTACTED REGARDING THE
76th Drive, Suite A, Gainesville, Florida 32607.                     PROPOSED RULE IS: Jodi Abramowitz. Jodi can be reached
THE PRELIMINARY TEXT OF THE PROPOSED RULE                            at (850)717-4470 or Jodi.abramowitz@myflfamilies.com.
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.                                     THE FULL TEXT OF THE PROPOSED RULE IS:

                        Section II                                        65C-28.020 Fingerprint Exemptions for Household
                     Proposed Rules                                  Members
                                                                          (1) Household members, excluding current and potential
DEPARTMENT OF CHILDREN AND FAMILIES                                  caregivers, 18 years of age and older, who have a physical,
Family Safety and Preservation Program                               developmental, or cognitive disability that prevents that person
RULE NO.:          RULE TITLE:                                       from safely submitting fingerprints can request an exemption
65C-28.020         Fingerprint Exemptions for Household              from the fingerprinting requirements set forth in subsection
                   Members                                           39.0138(1), F.S.
PURPOSE AND EFFECT: The Department intends to create a                    (2) Individuals seeking the exemption must provide
new rule within Chapter 28, F.A.C., regarding exemptions from        supportive documentation from a licensed health professional
the fingerprinting requirements under subsection 39.0138(1),         outlining justification that the individual is unable to submit
F.S.                                                                 fingerprints safely due to a disability, and that the disability
SUMMARY: The new rule incorporates a form to request                 does not present a safety concern for children in the home. The
exemption from fingerprinting requirements due to a physical,        supporting documentation must be provided to the child welfare
developmental, or cognitive disability that prevents that person     professional no later than 10 calendar days after an emergency
from safely submitting fingerprints. In addition, the rule           placement.
requires documentation of the disability.                                 (3) The child welfare professional shall complete a
SUMMARY OF STATEMENT OF ESTIMATED                                    “Fingerprint Exemption Request” form, CF-FSP 5436, Month
REGULATORY             COSTS         AND        LEGISLATIVE          Year, incorporated by reference and available at
RATIFICATION:                                                        https://www.flrules.org/gateway/reference.asp?NO=Ref-XXX,
The Agency has determined that this will not have an adverse         and submit it to the Department’s regional managing director or
impact on small business or likely increase directly or indirectly   designee for review within 72 business hours of receiving the
regulatory costs in excess of $200,000 in the aggregate within       supporting documentation.
one year after the implementation of the rule. A SERC has not             (4) The Department’s regional managing director or
been prepared by the Agency.                                         designee shall make a determination to grant or deny the
                                                                     exemption request within 10 days of receiving the request. In



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determining whether to grant an exemption, the regional               ($475/each) to 235 RUPs ($595/each) at the request of the
managing director or designee shall consider the requirements         landowner.
outlined in 39.0138(2)(b), F.S.                                       SUMMARY OF STATEMENT OF ESTIMATED
     a. The Department will upload the Fingerprint Exemption          REGULATORY             COSTS         AND        LEGISLATIVE
Request form into the Caretaker Screening Information System          RATIFICATION:
(CSIS) within five (5) business days of an exemption                  The Agency has determined that this will not have an adverse
determination.                                                        impact on small business or likely increase directly or indirectly
     b. The Department will provide the signed Fingerprint            regulatory costs in excess of $200,000 in the aggregate within
Exemption form to the requesting agency.                              one year after the implementation of the rule. A SERC has not
     c. The requesting agency will upload the determination into      been prepared by the Agency.
the Florida Safe Families Network (FSFN) provider file cabinet        The Agency has determined that the proposed rule is not
upon receipt.                                                         expected to require legislative ratification based on the
     (5) If the Department determines that the individual does        statement of estimated regulatory costs or if no SERC is
not qualify for a fingerprint exemption, the individual shall be      required, the information expressly relied upon and described
notified in writing within 10 business days of the determination,     herein: The nature of the rule and the preliminary analysis
identifying the reasons for the denial, the statutory authority for   conducted to determine whether a SERC was required.
the denial and the individual’s right of appeal pursuant to           Any person who wishes to provide information regarding a
Chapter 120, F.S.                                                     statement of estimated regulatory costs, or provide a proposal
     (6) A Level 1 screening, pursuant to section 435.03, F.S.,       for a lower cost regulatory alternative must do so in writing
shall be completed on all individuals exempted from submitting        within 21 days of this notice.
fingerprints. For emergency placements, results received from         RULEMAKING AUTHORITY: Article IV, Section 9, Florida
the emergency background checks, with the purpose code x,             Constitution, Section 379.354, FS.
shall meet the level I requirements outlined in section 435.03,       LAW IMPLEMENTED: Article IV, Section 9, Florida
F.S.                                                                  Constitution, Section 379.354, FS.
Rulemaking Authority 39.0138(2)(a), F.S. Law Implemented 39.0138,     A HEARING WILL BE HELD AT THE DATE, TIME AND
F.S. History–New.                                                     PLACE SHOWN BELOW:
                                                                      DATE AND TIME: During the Commission’s regular meeting
NAME OF PERSON ORIGINATING PROPOSED RULE:                             February 20-21, 2019, 8:30 a.m. to 5:00 p.m., each day.
Tanisha Lee                                                           PLACE: Best Western Gateway Grand, 4200 NW 97th
NAME OF AGENCY HEAD WHO APPROVED THE                                  Boulevard, Gainesville, FL 32606.
PROPOSED RULE: Chad Poppell                                           Pursuant to the provisions of the Americans with Disabilities
DATE PROPOSED RULE APPROVED BY AGENCY                                 Act, any person requiring special accommodations to
HEAD: January 17, 2019                                                participate in this workshop/meeting is asked to advise the
DATE NOTICE OF PROPOSED RULE DEVELOPMENT                              agency at least 5 days before the workshop/meeting by
PUBLISHED IN FAR: October 26, 2018                                    contacting: the ADA Coordinator, at (850)488-6411. If you are
                                                                      hearing or speech impaired, please contact the agency using the
FISH AND WILDLIFE CONSERVATION
                                                                      Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-
COMMISSION
                                                                      8770 (Voice).
Freshwater Fish and Wildlife
                                                                      THE PERSON TO BE CONTACTED REGARDING THE
RULE NO.:         RULE TITLE:
68A-9.004         Permits for Hunting or Other Recreational           PROPOSED RULE IS: Morgan Richardson, Director, Division
                  Use on Wildlife Management Areas                    of Hunting and Game Management, Fish and Wildlife
PURPOSE AND EFFECT: The purpose of the proposed rule                  Conservation Commission, 620 South Meridian Street,
amendment is to revise regulations pertaining to the cost and         Tallahassee, Florida 32399-1600.
total number available of Grove Park Wildlife Management
Area recreational use permits. The effect of the proposed rule        THE FULL TEXT OF THE PROPOSED RULE IS:
amendment will be to enable the agency to better manage fish
and wildlife resources and public use on Wildlife Management               68A-9.004 Permits for Hunting or Other Recreational Use
Areas (WMAs).                                                         on Wildlife Management Areas.
SUMMARY: The proposed rule amendment would increase the                    (1) In addition to other licenses, permits and stamps
total Grove Park WMA Recreational Use Permits (RUPs)                  required by law, stamp requirements for hunting, camping,
available and the cost of the permits from 200 RUPs                   fishing, or other recreational uses on lands owned, leased or

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managed by the Commission or the State of Florida for the use            devices with electronic computational capabilities or light
and benefit of the Commission shall be as provided by Sections           projection (laser) features during any archery season. The effect
379.354(8)(g) and (h), F.S.                                              of the proposed rule amendment would be to provide hunters
     (a) through (b) No change.                                          with greater flexibility in methods of taking game and crows
     (c) The cost of recreational user permits as required for           with archery equipment and muzzleloading guns.
hunting on the following privately owned wildlife management             SUMMARY: The proposed rule amendment would allow the
areas as provided by Section 379.354(8)(h)1., F.S., shall be:            use of muzzleloading rifles .30 caliber or larger for hunting deer
     1. Flint Rock – $206                                                and the use of bows equipped with sights or aiming devices with
     2. No change.                                                       electronic computational capabilities (rangefinder) or light
     3. Grove Park – $595 $475                                           projection (laser) features for hunting game or crows during any
     (d) The total number of permits available for each of the           archery season. In addition, the proposed rule amendment
following privately owned wildlife management areas                      would update the regulations for taking crows to conform with
established pursuant to Section 379.354(8)(h)1., F.S., shall be:         federal regulations.
     1. Flint Rock – 450                                                 SUMMARY OF STATEMENT OF ESTIMATED
     2. No change.                                                       REGULATORY              COSTS         AND        LEGISLATIVE
     3. Grove Park – 235 200                                             RATIFICATION:
     (e) through (f) No change.                                          The Agency has determined that this will not have an adverse
     (2) through (3) No change.                                          impact on small business or likely increase directly or indirectly
Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.354 FS. Law       regulatory costs in excess of $200,000 in the aggregate within
Implemented Art. IV, Sec. 9, Fla. Const., 379.1025, 379.2223,            one year after the implementation of the rule. A SERC has not
375.313, 379.354 FS. History–New 8-1-79, Amended 6-4-81, 6-21-82,
Formerly 39-9.04, Amended 6-2-86, 11-1-89, 7-16-98, 5-13-99,
                                                                         been prepared by the Agency.
Formerly 39-9.004, Amended 7-1-00, 5-29-01, 7-22-01, 6-2-02, 7-28-       The Agency has determined that the proposed rule is not
02, 5-1-03, 7-7-03, 10-12-03, 5-12-04, 7-15-04, 6-1-05, 4-3-08, 4-1-     expected to require legislative ratification based on the
09, 7-20-09, 7-1-10, 5-5-11, 8-11-11, 5-2-12, 7-1-13, 9-9-13, 8-26-14,   statement of estimated regulatory costs or if no SERC is
4-1-16, 4-1-17, 4-1-19.                                                  required, the information expressly relied upon and described
                                                                         herein: The nature of the rule and the preliminary analysis
PROPOSED EFFECTIVE DATE: April 1, 2019
                                                                         conducted to determine whether a SERC was required.
                                                                         Any person who wishes to provide information regarding a
NAME OF PERSON ORIGINATING PROPOSED RULE:
                                                                         statement of estimated regulatory costs, or provide a proposal
Morgan Richardson, Director, Division of Hunting and Game
                                                                         for a lower cost regulatory alternative must do so in writing
Management, Fish and Wildlife Conservation Commission,
                                                                         within 21 days of this notice.
620 South Meridian Street, Tallahassee, Florida 32399-1600.
                                                                         RULEMAKING AUTHORITY: Article IV, Section 9, Florida
NAME OF AGENCY HEAD WHO APPROVED THE
                                                                         Constitution
PROPOSED RULE: Florida Fish and Wildlife Conservation
                                                                         LAW IMPLEMENTED: Article IV, Section 9, Florida
Commission.
                                                                         Constitution
DATE PROPOSED RULE APPROVED BY AGENCY
                                                                         A HEARING WILL BE HELD AT THE DATE, TIME AND
HEAD: December 13, 2018
                                                                         PLACE SHOWN BELOW:
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
                                                                         DATE AND TIME: During the Commission’s regular meeting
PUBLISHED IN FAR: December 24, 2018
                                                                         February 20-21, 2019, 8:30 a.m. to 5:00 p.m., each day.
                                                                         PLACE: Best Western Gateway Grand, 4200 NW 97th
FISH AND WILDLIFE CONSERVATION
                                                                         Boulevard, Gainesville FL, 32606.
COMMISSION
                                                                         Pursuant to the provisions of the Americans with Disabilities
Freshwater Fish and Wildlife
RULE NO.:          RULE TITLE:                                           Act, any person requiring special accommodations to
68A-12.002         General Methods of Taking Game and                    participate in this workshop/meeting is asked to advise the
                   Crows; Prohibitions                                   agency at least 5 days before the workshop/meeting by
PURPOSE AND EFFECT: The purpose of the proposed rule                     contacting: the ADA Coordinator, at (850)488-6411. If you are
amendment is to adjust the minimum caliber restriction for               hearing or speech impaired, please contact the agency using the
hunting deer with muzzleloading rifles from .40 caliber to .30           Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-
caliber, update the regulations for taking crows to conform with         8770 (Voice).
federal regulations, and to remove the prohibition on hunting            THE PERSON TO BE CONTACTED REGARDING THE
game or crows with a bow equipped with sights or aiming                  PROPOSED RULE IS: Morgan Richardson, Director, Division



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of Hunting and Game Management, Fish and Wildlife                       NAME OF AGENCY HEAD WHO APPROVED THE
Conservation Commission, 620 South Meridian Street,                     PROPOSED RULE: Florida Fish and Wildlife Conservation
Tallahassee, Florida 32399-1600.                                        Commission.
                                                                        DATE PROPOSED RULE APPROVED BY AGENCY
THE FULL TEXT OF THE PROPOSED RULE IS:                                  HEAD: December 13, 2018
                                                                        DATE NOTICE OF PROPOSED RULE DEVELOPMENT
     68A-12.002 General Methods of Taking Game and Crows;               PUBLISHED IN FAR: December 24, 2018
Prohibitions.
     (1) through (2) No change.                                         FISH AND WILDLIFE CONSERVATION
     (3) Resident game birds, crows or game mammals may be              COMMISSION
taken with any of the following:                                        Freshwater Fish and Wildlife
     (a) No change.                                                     RULE NO.:          RULE TITLE:
     (b) Rifle, revolver or pistol, except that:                        68A-12.003         Protection of Certain Deer, Bear, and
     1. through 4. No change.                                                              Turkey; Tagging of Deer and Turkey;
     5. Muzzleloading guns of less than .30 .40 caliber firing a                           Evidence of Sex Required
                                                                        PURPOSE AND EFFECT: The purpose of the proposed rule
single bullet or of less than 20 gauge firing two or more balls,
                                                                        changes is to support the establishment of a deer harvest
are prohibited for taking deer or bear.
                                                                        reporting system. The effect of the proposed rule changes will
     6. No change.
                                                                        be to enable the agency to better manage deer populations
     (c) Air guns, except that:
                                                                        throughout the state through improved deer herd monitoring,
     1. through 2. No change.
                                                                        Chronic Wasting Disease (CWD) surveillance, and by
     3. Taking crows is prohibited.
                                                                        promoting compliance with proposed annual bag limits.
     (d) No change.
                                                                        SUMMARY: The proposed rule amendment would establish
     (e) Bow or crossbow, except that:
                                                                        regulations related to a deer harvest reporting system which
     1. Any arrow or bolt used to take deer, bear or wild turkey
                                                                        would require all hunters to report all harvested deer to a
shall be equipped with a broadhead that has a minimum of two
                                                                        telephone and internet-based harvest reporting system within 24
sharpened edges with a minimum width of 7/8 inches.
                                                                        hours of harvest; require hunters to use a harvest log to record
     2. through 3. No change.
                                                                        harvest prior to moving the deer from the point of harvest; and
     4. Taking crow with crossbow is prohibited.
                                                                        require all hunters to obtain an FWC-issued customer number
     (f) No change.
                                                                        prior to deer hunting.
     (4) through (7) No change.
                                                                        SUMMARY OF STATEMENT OF ESTIMATED
     (8) No person shall:
                                                                        REGULATORY             COSTS         AND        LEGISLATIVE
     (a) No change.
                                                                        RATIFICATION:
     (b) Take any game or crows with a bow equipped with
                                                                        The Agency has determined that this will not have an adverse
sights or aiming devices with electronic computational
                                                                        impact on small business or likely increase directly or indirectly
capabilities or light projection (laser) features during any
                                                                        regulatory costs in excess of $200,000 in the aggregate within
archery season.
                                                                        one year after the implementation of the rule. A SERC has not
     (c) through (k) redesignated (b) through (j) No change.
                                                                        been prepared by the Agency.
     (9) No change.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented
                                                                        The Agency has determined that the proposed rule is not
Art. IV. Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 11-    expected to require legislative ratification based on the
17-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-12.02, Amended      statement of estimated regulatory costs or if no SERC is
6-1-86, 4-11-90, 4-14-92, 4-20-93, 3-1-94, 3-30-95, 4-1-96, 12-28-98,   required, the information expressly relied upon and described
Formerly 39-12.002, Amended 7-1-05, 7-1-06, 7-1-08, 10-23-08, 1-1-      herein: The nature of the rule and the preliminary analysis
11, 7-1-13, 12-23-14, 7-29-15, 7-1-18, 7-1-19.
PROPOSED EFFECTIVE DATE: July 1, 2019                                   conducted to determine whether a SERC was required.
                                                                        Any person who wishes to provide information regarding a
NAME OF PERSON ORIGINATING PROPOSED RULE:                               statement of estimated regulatory costs, or provide a proposal
Morgan Richardson, Director, Division of Hunting and Game               for a lower cost regulatory alternative must do so in writing
Management, Fish and Wildlife Conservation Commission,                  within 21 days of this notice.
620 South Meridian Street, Tallahassee, Florida 32399-1600.             RULEMAKING AUTHORITY: Article IV, Section 9, Florida
                                                                        Constitution



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LAW IMPLEMENTED: Article IV, Section 9, Florida                        en route to the domicile of its possessor or until such deer has
Constitution                                                           been cooked or stored at the domicile of its possessor.
A HEARING WILL BE HELD AT THE DATE, TIME AND                                 (b) Deer may be dismembered and/or transferred to another
PLACE SHOWN BELOW:                                                     person in the field or camp but each deer, or portions and parts
DATE AND TIME: During the Commission’s regular meeting                 thereof, shall have written information attached thereto
February 20-21, 2019, 8:30 a.m. to 5:00 p.m., each day.                containing the first and last name and address of the person who
PLACE: Best Western Gateway Grand, 4200 NW 97th                        harvested it; the date of harvest; the county or, if applicable,
Boulevard, Gainesville FL, 32606.                                      name of public hunting area where harvested; and the sex, and
Pursuant to the provisions of the Americans with Disabilities          shall be readily traceable to the portion or portions of the animal
Act, any person requiring special accommodations to                    bearing the sex identification.
participate in this workshop/meeting is asked to advise the                  (c) Harvest reporting requirements shall apply to any
agency at least 5 days before the workshop/meeting by                  person that harvests a deer, except for the following: non-native
contacting: the ADA Coordinator, at (850) 488-6411. If you are         deer, deer harvested out of state, deer killed by a motor vehicle,
hearing or speech impaired, please contact the agency using the        deer harvested under permits issued pursuant to Chapter 68A-
Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-              9, F.A.C., and deer harvested on a licensed Game Farm or
8770 (Voice).                                                          Licensed Private Hunting Preserve.
THE PERSON TO BE CONTACTED REGARDING THE                                     1. All deer harvested must be recorded in a harvest log and
PROPOSED RULE IS: Morgan Richardson, Director, Division                reported to the Commission’s harvest reporting system within
of Hunting and Game Management, Fish and Wildlife                      24 hours of harvest and prior to final processing, prior to any
Conservation Commission, 620 South Meridian Street,                    parts of the deer being transferred to any meat processor or
Tallahassee, Florida 32399-1600.                                       taxidermist, or prior to leaving the state.
                                                                             2. Prior to moving a deer from the point of harvest, the
THE FULL TEXT OF THE PROPOSED RULE IS:                                 person that harvested the deer shall record in a harvest log: the
                                                                       first and last name of the person who harvested it; the date of
     68A-12.003 Protection of Certain Deer and Turkey;                 harvest; the county or, if applicable name of public hunting area
Tagging of Deer, Bear, and Turkey; Deer Harvest Reporting;             where harvested; and the sex.
Evidence of Sex Required.                                                    3. An FWC-issued customer number is required for
     (1) Turkey:                                                       reporting harvested deer.
     (a) It is unlawful for any person to take or possess any                4. The harvest reporting system will provide a confirmation
unbearded turkey hen during any gobbler season or any                  number once harvest is reported and the confirmation number
antlerless deer within the state unless authorized by Title 68A        shall be immediately recorded in the harvest log of the person
these rules.                                                           that harvested the deer.
     (b)(2) Positive evidence of sex identification, including the           5. Once a harvested deer is reported through the
head and beard, shall remain on deer taken or killed within the        Commission’s harvest reporting system, all deer, or parts
state and on all turkey taken during any gobbler season when           thereof, shall have written information attached thereto
taking of unbearded turkey hens is prohibited so long as such          containing the information recorded in the harvest log and the
deer or turkey is kept in the field or camp or forest or is en route   harvest reporting confirmation number prior to being
to the domicile of its possessor or until such deer or turkey has      transferred from the person who harvested it to another party.
been cooked or stored at the domicile of its possessor.                      (3)(4) Bear:
     (c)(3) Deer and Tturkey may be dismembered in the field                 (a) Positive evidence of sex identification in the form of
or camp but each portion shall have a tag affixed to it                testicles, penis, penis sheath, udder or vulva shall remain
identifying the name, address, FWC-issued Recreational                 naturally attached to the carcass of all bear taken and shall
Licensing Issuance Services cCustomer ID number (if a hunting          remain attached until the bear is checked at a Commisssion
license is required) of the person who harvested killed it, the        designated check station.
date and location at which it was harvested taken, and shall be              (b)(5) No bear shall be dismembered until checked at a
readily traceable to the portion or portions of the animal bearing     Commission designated check station. Bear may be
the sex identification, head and, if applicable, beard.                dismembered in the camp or field after being checked at a
     (2) Deer:                                                         Commission designated check station but each portion shall
     (a) Positive evidence of sex identification, including the        have a tag affixed to it identifying the name, address, and FWC
head with any antler or antlers, shall remain on harvested deer        Recreational Licensing Issuance Services Customer ID number
for the duration that such deer is kept in the field or camp or is     of the person who killed it.



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Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented      Any person who wishes to provide information regarding a
Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 5-19-80, 6-   statement of estimated regulatory costs, or provide a proposal
21-82, Formerly 39-12.03, Amended 4-11-90, Formerly 39-12.003,
Amended 7-29-15, 7-01-19.
                                                                       for a lower cost regulatory alternative must do so in writing
                                                                       within 21 days of this notice.
PROPOSED EFFECTIVE DATE: July 1, 2019.                                 RULEMAKING AUTHORITY: Article IV, Section 9, Florida
                                                                       Constitution.
NAME OF PERSON ORIGINATING PROPOSED RULE:                              LAW IMPLEMENTED: Article IV, Section 9, Florida
Morgan Richardson, Director, Division of Hunting and Game              Constitution.
Management, Fish and Wildlife Conservation Commission,                 A HEARING WILL BE HELD AT THE DATE, TIME AND
620 South Meridian Street, Tallahassee, Florida 32399-1600.            PLACE SHOWN BELOW:
NAME OF AGENCY HEAD WHO APPROVED THE                                   DATE AND TIME: During the Commission’s regular meeting
PROPOSED RULE: Florida Fish and Wildlife Conservation                  February 20-21, 2019, 8:30 a.m. to 5:00 p.m., each day.
Commission.                                                            PLACE: Best Western Gateway Grand, 4200 NW 97th
DATE PROPOSED RULE APPROVED BY AGENCY                                  Boulevard, Gainesville, FL 32606.
HEAD: December 13, 2018                                                Pursuant to the provisions of the Americans with Disabilities
DATE NOTICE OF PROPOSED RULE DEVELOPMENT                               Act, any person requiring special accommodations to
PUBLISHED IN FAR: December 24, 2018                                    participate in this workshop/meeting is asked to advise the
                                                                       agency at least 5 days before the workshop/meeting by
FISH AND WILDLIFE CONSERVATION                                         contacting: the ADA Coordinator, at (850)488-6411. If you are
COMMISSION                                                             hearing or speech impaired, please contact the agency using the
Freshwater Fish and Wildlife                                           Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-
RULE NO.:          RULE TITLE:                                         8770 (Voice).
68A-12.004         Possession or Sale of Birds or Mammals;             THE PERSON TO BE CONTACTED REGARDING THE
                   Taxidermy Operations and Mounting                   PROPOSED RULE IS: Morgan Richardson, Director, Division
                   Requirements                                        of Hunting and Game Management, Fish and Wildlife
PURPOSE AND EFFECT: The purpose of the proposed rule                   Conservation Commission, 620 South Meridian Street,
changes is to support the establishment of a deer harvest              Tallahassee, Florida 32399-1600.
reporting system. The effect of the proposed rule changes will
be to enable the agency to better manage deer populations              THE FULL TEXT OF THE PROPOSED RULE IS:
throughout the state through improved deer herd monitoring,
Chronic Wasting Disease (CWD) surveillance, and by                          68A-12.004 Possession or Sale of Birds or Mammals;
promoting compliance with proposed annual bag limits.                  Taxidermy Operations and Mounting Requirements.
SUMMARY: The proposed rule changes would require                            (1) through (10) No change.
taxidermists to record the Commission’s deer harvest reporting              (11) Taxidermy operations and mounting requirements:
system confirmation number for deer taken in Florida.                       (a) Any person engaged in taxidermy shall tag all carcasses
SUMMARY OF STATEMENT OF ESTIMATED                                      (whole specimens), untanned hides, and uncured animal parts
REGULATORY             COSTS         AND        LEGISLATIVE            of fish and wildlife, possessed or received with the name of the
RATIFICATION:                                                          person taking or acquiring such fish or wildlife, the person’s
The Agency has determined that this will not have an adverse           address, and date taken or acquired. In addition, any deer
impact on small business or likely increase directly or indirectly     subject to the provisions of paragraph 68A-12.003(2)(c),
regulatory costs in excess of $200,000 in the aggregate within         F.A.C., shall have the Commission’s harvest reporting system
one year after the implementation of the rule. A SERC has not          confirmation number recorded on the tag. As an alternative to
been prepared by the Agency.                                           individual tagging, persons engaged in taxidermy may choose
The Agency has determined that the proposed rule is not                to use a log book and numbering system. The log book shall
expected to require legislative ratification based on the              contain the same information required of the aforementioned
statement of estimated regulatory costs or if no SERC is               tag the name of the person taking or acquiring such fish or
required, the information expressly relied upon and described          wildlife, the person’s address and the date taken or acquired.
herein: The nature of the rule and the preliminary analysis            The carcass, untanned untagged hide, or uncured animal part
conducted to determine whether a SERC was required.                    shall be assigned a number, which shall be affixed to the




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specimen so as to be readily identifiable and traceable to the log    statement of estimated regulatory costs or if no SERC is
book information. The log book shall be kept on premises for          required, the information expressly relied upon and described
inspection by Commission personnel.                                   herein: The nature of the rule and the preliminary analysis
    (b) through (e) No change.                                        conducted to determine whether a SERC was required.
    (12) No change.                                                   Any person who wishes to provide information regarding a
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented     statement of estimated regulatory costs, or provide a proposal
Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-   for a lower cost regulatory alternative must do so in writing
21-82, 7-5-84, Formerly 39-12.04, Amended 5-10-87, 6-8-87, 4-20-
94, 8-7-97, Formerly 39-12.004, Amended 7-29-15, 1-11-17, 7-1-19.
                                                                      within 21 days of this notice.
                                                                      RULEMAKING AUTHORITY: Article IV, Section 9, Florida
PROPOSED EFFECTIVE DATE: July 1, 2019                                 Constitution.
                                                                      LAW IMPLEMENTED: Article IV, Section 9, Florida
NAME OF PERSON ORIGINATING PROPOSED RULE:                             Constitution.
Morgan Richardson, Director, Division of Hunting and Game             A HEARING WILL BE HELD AT THE DATE, TIME AND
Management, Fish and Wildlife Conservation Commission,                PLACE SHOWN BELOW:
620 South Meridian Street, Tallahassee, Florida 32399-1600.           DATE AND TIME: During the Commission’s regular meeting
NAME OF AGENCY HEAD WHO APPROVED THE                                  February 20-21, 2019, 8:30 a.m. to 5:00 p.m., each day.
PROPOSED RULE: Florida Fish and Wildlife Conservation                 PLACE: Best Western Gateway Grand, 4200 NW 97th
Commission.                                                           Boulevard, Gainesville, FL 32606.
DATE PROPOSED RULE APPROVED BY AGENCY                                 Pursuant to the provisions of the Americans with Disabilities
HEAD: December 13, 2018                                               Act, any person requiring special accommodations to
DATE NOTICE OF PROPOSED RULE DEVELOPMENT                              participate in this workshop/meeting is asked to advise the
PUBLISHED IN FAR: December 24, 2018                                   agency at least 5 days before the workshop/meeting by
                                                                      contacting: the ADA Coordinator, at (850) 488-6411. If you are
FISH AND WILDLIFE CONSERVATION                                        hearing or speech impaired, please contact the agency using the
COMMISSION                                                            Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-
Freshwater Fish and Wildlife                                          8770 (Voice).
RULE NO.:          RULE TITLE:                                        THE PERSON TO BE CONTACTED REGARDING THE
68A-13.003         Hunting Regulations for Ducks, Geese, and          PROPOSED RULE IS: Morgan Richardson, Director, Division
                   Coots                                              of Hunting and Game Management, Fish and Wildlife
PURPOSE AND EFFECT: The purpose of the proposed rule                  Conservation Commission, 620 South Meridian Street,
amendment is to revise hunting regulations pertaining to ducks,       Tallahassee, Florida 32399-1600.
geese, and coots. The effect of the proposed rule amendment
will be to redistribute the 2-day Youth Waterfowl Hunt,               THE FULL TEXT OF THE PROPOSED RULE IS:
increase flexibility for waterfowl hunters, and enhance
participation in the Youth Waterfowl Hunt.                                 68A-13.003 Hunting Regulations for Ducks, Geese, and
SUMMARY: The proposed rule amendment would redistribute               Coots.
the 2-day Youth Waterfowl Hunt so that one hunt day would                  The Commission has approved the following regulations
occur the Saturday prior to the opening of the first phase of         and bag limits for taking ducks, geese, and coots:
duck, light goose, and coot season and one hunt day would                  (1) Duck, light goose, and coot season:
occur the second Saturday following the close of the second                (a) through (c) No change.
phase of duck, light goose, and coot season.                               (d) In addition to the open season specified in paragraph
SUMMARY OF STATEMENT OF ESTIMATED                                     (1)(a), above, a “Youth Waterfowl Hunt” will be held the
REGULATORY             COSTS         AND        LEGISLATIVE           Saturday prior to the opening of the first phase as specified in
RATIFICATION:                                                         subparagraph (1)(a)1. above, and the second Saturday
The Agency has determined that this will not have an adverse          following the close of the second phase as specified in
impact on small business or likely increase directly or indirectly    subparagraph (1)(a)2. above on the first Saturday and Sunday
regulatory costs in excess of $200,000 in the aggregate within        following the last Sunday in January. Youth hunters must be
one year after the implementation of the rule. A SERC has not         under 16 years of age and must be accompanied by a non-
been prepared by the Agency.                                          hunting adult at least 18 years of age. Daily bag limits and
The Agency has determined that the proposed rule is not               species restrictions for ducks, geese, and coots will be as
expected to require legislative ratification based on the             described in paragraphs (1)(f) and (4)(c). Common moorhens



378
Florida Administrative Register                                                             Volume 45, Number 17, January 25, 2019


may also be taken on the “Youth Waterfowl Hunt;” bag and                 The Agency has determined that the proposed rule is not
possession limits for this species will be as specified in Rule          expected to require legislative ratification based on the
68A-13.008, F.A.C.                                                       statement of estimated regulatory costs or if no SERC is
    (e) through (f) No change.                                           required, the information expressly relied upon and described
    (2) through (5) No change.                                           herein: The nature of the rule and the preliminary analysis
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented        conducted to determine whether a SERC was required.
Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 10-23-79,       Any person who wishes to provide information regarding a
8-19-80, 9-29-81, 8-30-82, 7-27-83, 8-13-84, 8-13-85, 10-1-85,
Formerly 39-13.03, Amended 8-5-86, 8-24-87, 8-18-88, 12-12-88, 8-
                                                                         statement of estimated regulatory costs, or provide a proposal
17-89, 10-30-89, 8-9-90, 10-31-90, 8-22-91, 10-31-91, 8-23-92, 10-       for a lower cost regulatory alternative must do so in writing
22-92, 9-2-93, 10-28-93, 11-6-94, 10-23-95, 10-20-96, 8-7-97, 10-28-     within 21 days of this notice.
97, 11-12-98, 6-23-99, Formerly 39-13.003, Amended 11-7-00, 5-13-        RULEMAKING AUTHORITY: Article IV, Section 9, Florida
02, 5-1-03, 7-1-04, 7-1-05, 2-1-06, 7-1-06, 1-9-07, 1-8-08, 7-1-08, 1-   Constitution.
6-09, 1-19-10, 7-1-10, 1-5-11, 3-25-12, 2-12-13, 1-23-14, 1-19-15, 12-
21-15, 7-1-16, 7-1-17, 7-1-19.                                           LAW IMPLEMENTED: Article IV, Section 9, Florida
                                                                         Constitution.
PROPOSED EFFECTIVE DATE: July 1, 2019                                    A HEARING WILL BE HELD AT THE DATE, TIME AND
                                                                         PLACE SHOWN BELOW:
NAME OF PERSON ORIGINATING PROPOSED RULE:                                DATE AND TIME: During the Commission’s regular meeting
Morgan Richardson, Director, Division of Hunting and Game                February 20-21, 2019, 8:30 a.m. to 5:00 p.m., each day.
Management, Fish and Wildlife Conservation Commission,                   PLACE: Best Western Gateway Grand, 4200 NW 97th
620 South Meridian Street, Tallahassee, Florida 32399-1600.              Boulevard, Gainesville, FL 32606.
NAME OF AGENCY HEAD WHO APPROVED THE                                     Pursuant to the provisions of the Americans with Disabilities
PROPOSED RULE: Florida Fish and Wildlife Conservation                    Act, any person requiring special accommodations to
Commission.                                                              participate in this workshop/meeting is asked to advise the
DATE PROPOSED RULE APPROVED BY AGENCY                                    agency at least 5 days before the workshop/meeting by
HEAD: December 13, 2018                                                  contacting: the ADA Coordinator, at (850)488-6411. If you are
DATE NOTICE OF PROPOSED RULE DEVELOPMENT                                 hearing or speech impaired, please contact the agency using the
PUBLISHED IN FAR: December 24, 2018                                      Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-
                                                                         8770 (Voice).
FISH AND WILDLIFE CONSERVATION                                           THE PERSON TO BE CONTACTED REGARDING THE
COMMISSION                                                               PROPOSED RULE IS: Morgan Richardson, Director, Division
Freshwater Fish and Wildlife                                             of Hunting and Game Management, Fish and Wildlife
RULE NO.:          RULE TITLE:                                           Conservation Commission, 620 South Meridian Street,
68A-13.008         Hunting Regulations for Migratory Birds               Tallahassee, Florida 32399-1600.
                   Other than Ducks and Coots
PURPOSE AND EFFECT: The purpose of the proposed rule                     THE FULL TEXT OF THE PROPOSED RULE IS:
amendment is to revise regulations pertaining to hunting
regulations for migratory birds other than ducks and coots. The               68A-13.008 Hunting Regulations for Migratory Birds
effect of the proposed rule amendment will be to adjust the              Other than Ducks and Coots.
dates for the falconry dove season to match the statewide dove           The Commission has approved the following regulations and
season.                                                                  bag limits for taking crows and migratory game birds other than
SUMMARY: The proposed rule amendment would adjust the                    ducks and coots:
falconry dove season by 17 days.                                              (1) through (5) No change.
SUMMARY OF STATEMENT OF ESTIMATED                                             (6) Falconry:
REGULATORY             COSTS         AND        LEGISLATIVE                   (a) No change.
RATIFICATION:                                                                 (b) Open seasons:
The Agency has determined that this will not have an adverse                  1. Mourning doves and white-winged doves: The open
impact on small business or likely increase directly or indirectly       season as specified in paragraph (1)(a), of this rule, and
regulatory costs in excess of $200,000 in the aggregate within           February 1 through February 17 January 16 through February
one year after the implementation of the rule. A SERC has not            1.
been prepared by the Agency.                                                  2. through 5. No change.



                                                                                                                                    379
Florida Administrative Register                                                            Volume 45, Number 17, January 25, 2019


Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented      Any person who wishes to provide information regarding a
Art. IV, Sec. 9, Fla. Const. History–New 8-17-89, Amended 8-9-90, 8-   statement of estimated regulatory costs, or provide a proposal
22-91, 8-23-92, 9-2-93, 9-15-94, 9-15-96, 9-7-97, Formerly 39-
13.008, Amended 7-1-01, 7-1-04, 1-9-07, 1-6-09, 7-1-10, 1-4-12, 1-
                                                                       for a lower cost regulatory alternative must do so in writing
23-14, 1-19-15, 7-1-18, 7-1-19.                                        within 21 days of this notice.
                                                                       RULEMAKING AUTHORITY: Article IV, Section 9, Florida
PROPOSED EFFECTIVE DATE: July 1, 2019                                  Constitution, Sections 379.2223, 375.313, Florida Statutes.
                                                                       LAW IMPLEMENTED: Article IV, Section 9, Florida
NAME OF PERSON ORIGINATING PROPOSED RULE:                              Constitution, Sections 379.2223, 375.313, Florida Statutes.
Morgan Richardson, Director, Division of Hunting and Game              A HEARING WILL BE HELD AT THE DATE, TIME AND
Management, Fish and Wildlife Conservation Commission,                 PLACE SHOWN BELOW:
620 South Meridian Street, Tallahassee, Florida 32399-1600.            DATE AND TIME: During the Commission’s regular meeting
NAME OF AGENCY HEAD WHO APPROVED THE                                   February 20-21, 2019, 8:30 a.m. to 5:00 p.m., each day.
PROPOSED RULE: Florida Fish and Wildlife Conservation                  PLACE: Best Western Gateway Grand, 4200 NW 97th
Commission.                                                            Boulevard, Gainesville, FL 32606.
DATE PROPOSED RULE APPROVED BY AGENCY                                  Pursuant to the provisions of the Americans with Disabilities
HEAD: December 13, 2018                                                Act, any person requiring special accommodations to
DATE NOTICE OF PROPOSED RULE DEVELOPMENT                               participate in this workshop/meeting is asked to advise the
PUBLISHED IN FAR: December 24, 2018                                    agency at least 5 days before the workshop/meeting by
                                                                       contacting: the ADA Coordinator, at (850)488-6411. If you are
FISH AND WILDLIFE CONSERVATION                                         hearing or speech impaired, please contact the agency using the
COMMISSION                                                             Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-
Freshwater Fish and Wildlife                                           8770 (Voice).
RULE NO.:          RULE TITLE:                                         THE PERSON TO BE CONTACTED REGARDING THE
68A-15.004         General Regulations Relating to Wildlife            PROPOSED RULE IS: Morgan Richardson, Director, Division
                   Management Areas                                    of Hunting and Game Management, Fish and Wildlife
PURPOSE AND EFFECT: The purpose of the proposed rule                   Conservation Commission, 620 South Meridian Street,
amendment is to revise shooting hours during spring turkey             Tallahassee, Florida 32399-1600.
seasons on Wildlife Management Areas (WMAs).
SUMMARY: The proposed rule amendment would extend                      THE FULL TEXT OF THE PROPOSED RULE IS:
shooting hours for all spring turkey seasons on WMAs from
one-half hour before sunrise until sunset, unless otherwise                 68A-15.004 General Regulations Relating to Wildlife
provided by specific area regulation.                                  Management Areas.
Additionally, the proposed rule amendment would provide non-                (1) through (3) No change.
substantive technical changes, such as grammatical corrections,             (4) Legal to hunt:
language standardization, or clarification of an existing rule.             (a) Wild turkey may not be taken during any fall season in
SUMMARY OF STATEMENT OF ESTIMATED                                      which firearms may be used unless otherwise provided for a
REGULATORY             COSTS         AND        LEGISLATIVE            specific area. Notwithstanding provisions in Rule 68A-13.004,
RATIFICATION:                                                          F.A.C., wild turkey of either sex may be taken during
The Agency has determined that this will not have an adverse           muzzleloading and general gun seasons as specifically provided
impact on small business or likely increase directly or indirectly     by area rule. During periods in which the taking of wild turkey
regulatory costs in excess of $200,000 in the aggregate within         is allowed, the daily bag limit for wild turkey shall be one per
one year after the implementation of the rule. A SERC has not          day unless otherwise provided by specific area regulation. The
been prepared by the Agency.                                           hours in which the hunting of gobblers or bearded turkeys is
The Agency has determined that the proposed rule is not                permitted during the spring season shall be from one-half hour
expected to require legislative ratification based on the              before sunrise until 1:00 p.m., unless otherwise provided by
statement of estimated regulatory costs or if no SERC is               specific area regulation.
required, the information expressly relied upon and described               (b) through (k) No change.
herein: The nature of the rule and the preliminary analysis                 (5) through (16) No change.
conducted to determine whether a SERC was required.




380
Florida Administrative Register                                                             Volume 45, Number 17, January 25, 2019


Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented       Green Swamp WMA – allow camping equipment to remain on
Art. IV, Sec. 9, Fla. Const., 379.2223, 379.354 FS. History–New 8-1-    the area between archery and general gun season; and allow
79, Amended 6-4-81, 6-21-82, 6-9-83, 9-27-83, 7-5-84, 7-1-85,
Formerly 39-15.04, Amended 5-7-86, 5-10-87, 4-13-88, 8-18-88, 4-
                                                                        kitchen stoves to be used outside of mobile campers while
19-90, 4-4-91, 4-14-92, 10-22-92, 7-26-94, 11-6-94, 3-30-95, 10-23-     camping.
95, 9-15-96, 6-1-97, 7-1-98, 12-28-98, 4-15-99, Formerly 39-15.004,     Green Swamp West WMA - legal shooting hours for spring
Amended 7-1-00, 6-2-02, 5-1-03, 7-1-04, 7-1-05, 7-1-06, 7-29-07, 7-     turkey will remain ½ hour before sunrise until 1 p.m.
1-08, 7-1-09, 7-1-10, 1-1-11, 5-2-12, 4-9-13, 7-1-14, 7-1-15, 7-1-16,   KICCO WMA – establish a 2-day youth turkey quota hunt (5
7-1-18, 7-1-19.
                                                                        no-cost quota permits, no exemptions).
PROPOSED EFFECTIVE DATE: July 1, 2019                                   Hilochee WMA, Osprey Unit – expand small game season from
                                                                        12 to 21 days; and shift small game season dates to begin the
NAME OF PERSON ORIGINATING PROPOSED RULE:                               day following the close of the wild hog-dog season.
Morgan Richardson, Director, Division of Hunting and Game               Additionally, the proposed rule amendment would provide non-
Management, Fish and Wildlife Conservation Commission,                  substantive technical changes, such as grammatical corrections,
620 South Meridian Street, Tallahassee, Florida 32399-1600.             language standardization, or clarification of an existing rule.
NAME OF AGENCY HEAD WHO APPROVED THE                                    SUMMARY OF STATEMENT OF ESTIMATED
PROPOSED RULE: Florida Fish and Wildlife Conservation                   REGULATORY             COSTS         AND        LEGISLATIVE
Commission.                                                             RATIFICATION:
DATE PROPOSED RULE APPROVED BY AGENCY                                   The Agency has determined that this will not have an adverse
HEAD: December 13, 2018                                                 impact on small business or likely increase directly or indirectly
DATE NOTICE OF PROPOSED RULE DEVELOPMENT                                regulatory costs in excess of $200,000 in the aggregate within
PUBLISHED IN FAR: December 24, 2018                                     one year after the implementation of the rule. A SERC has not
                                                                        been prepared by the Agency.
FISH AND WILDLIFE CONSERVATION                                          The Agency has determined that the proposed rule is not
COMMISSION                                                              expected to require legislative ratification based on the
Freshwater Fish and Wildlife                                            statement of estimated regulatory costs or if no SERC is
RULE NO.:          RULE TITLE:                                          required, the information expressly relied upon and described
68A-15.061         Specific Regulations for Wildlife                    herein: The nature of the rule and the preliminary analysis
                   Management Areas - Southwest Region                  conducted to determine whether a SERC was required.
PURPOSE AND EFFECT: The purpose of the proposed rule                    Any person who wishes to provide information regarding a
amendment is to revise specific area regulations on Wildlife            statement of estimated regulatory costs, or provide a proposal
Management Areas (WMAs) in the Southwest Region and                     for a lower cost regulatory alternative must do so in writing
conform to calendar year date changes. The effect of the                within 21 days of this notice.
proposed rule amendment will be to enable the agency to better          RULEMAKING AUTHORITY: Article IV, Section 9, Florida
manage fish and wildlife resources and public use on WMAs.              Constitution, Sections 379.2223, 375.313, Florida Statutes
SUMMARY: The proposed rule amendment would adjust                       LAW IMPLEMENTED: Article IV, Section 9, Florida
season dates to conform to calendar year changes and revise             Constitution, Sections 379.2223, 375.313, Florida Statutes
specific area regulations on Wildlife Management Areas                  A HEARING WILL BE HELD AT THE DATE, TIME AND
(WMAs) in the Southwest Region as follows:                              PLACE SHOWN BELOW:
Arbuckle WMA – change the name of “Gulfstream Tract” of                 DATE AND TIME: During the Commission’s regular meeting
the Everglades Headwaters WMA to “Arbuckle Unit” of the                 February 20-21, 2019, 8:30 a.m. to 5:00 p.m., each day.
Everglades Headwaters WMA.                                              PLACE: Best Western Gateway Grand, 4200 NW 97th
Avon Park AFB WMA – legal shooting hours for spring turkey              Boulevard, Gainesville, FL 32606.
will remain ½ hour before sunrise until 1 p.m.                          Pursuant to the provisions of the Americans with Disabilities
Babcock/Webb WMA – require a permit for camping within                  Act, any person requiring special accommodations to
designated campgrounds. A permitting system will eliminate              participate in this workshop/meeting is asked to advise the
the first-come, first served line-up in advance of the                  agency at least 5 days before the workshop/meeting by
campground opening and reduce unsafe conditions when the                contacting: the ADA Coordinator, at (850)488-6411. If you are
line backs up to the highway.                                           hearing or speech impaired, please contact the agency using the
Chassahowitzka WMA – prohibit public access from 1½ hours               Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-
before sunrise until 1½ hours after sunset, except for registered       8770 (Voice).
SCUBA divers and during periods open to hunting.

                                                                                                                                      381
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THE PERSON TO BE CONTACTED REGARDING THE                                3. Special-opportunity archery – December 7-10 1-4 and
PROPOSED RULE IS: Morgan Richardson, Director, Division            19-22 13-16.
of Hunting and Game Management, Fish and Wildlife                       4. Special-opportunity general gun – January 23-26, 17-20,
Conservation Commission, 620 South Meridian Street,                28-31 and February 3-6 and 12-15 6-9.
Tallahassee, Florida 32399-1600.                                        5. Special-opportunity turkey – March 21-24 16-19, 25-28,
                                                                   March 30 through April 2, April 4-7, 13-16 8-11 and 18-21 13-
THE FULL TEXT OF THE PROPOSED RULE IS:                             16.
                                                                        6. Small game – February 21-23 22-24 and February 28
     68A-15.061       Specific    Regulations     for   Wildlife   through March 1 1-3.
Management Areas – Southwest Region.                                    7. through 8. No change.
     (1) Green Swamp Wildlife Management Area.                          (b) Legal to take: All legal game, fish, frogs and furbearers.
     (a) Open season:                                              Turkey may be taken only during the special-opportunity turkey
     1. General gun – December 7 1 through February 2 January      hunts and only from one-half hour before sunrise until 1 p.m.
27.                                                                One gobbler (or bearded turkey) may be taken per special-
     2. Archery – November 1 October 26 through December 1         opportunity spring turkey permit. One antlered deer may be
November 25, Fridays, Saturdays and Sundays only and               taken per special-opportunity deer permit. Antlerless deer may
Thanksgiving Day.                                                  be taken by antlerless deer permit only. Taking of antlered deer
     3. No change.                                                 not having at least one antler with four or more points is
     4. Wild hog-dog – October 3-6 September 27-30 and 10-13       prohibited. Only wild hog may be taken during the wild hog
October 4-7.                                                       seasons.
     5. Spring turkey – March 21 16 through April 26 21.                (c) through (d) No change.
     6. No change.                                                      (3) Fred C. Babcock/Cecil M. Webb Wildlife Management
     (b) No change.                                                Area.
     (c) Camping: Allowed by permit only and only within the            (a) Open season:
designated campsites at the Rock Ridge Road and 471                     1. Archery – September 14-18 8-12.
campgrounds. Camping is allowed at both campgrounds during              2. Bird dog training – Bird dogs may be trained in the bird
archery, general gun, wild hog and spring turkey seasons.          dog training area September 21 15 through February 16 10 and
Camping is allowed only at the Rock Ridge Road campground          bird dogs may be trained in the remainder of the area during the
during the fishing and frogging season and only at the 471         small game season except the field trial and Boy Scout areas.
campground during the small game season. Camping permits                3. General gun –November 9-17 3-11.
are non-transferable. Camping along the Green Swamp Hiking              4. Small game – November 18 through December 1 12-25
Trail (Florida Trail) is prohibited except by written permission   and on Wednesdays, Thursdays, Saturdays and Sundays only
from the Southwest Florida Water Management District.              December 4 November 28 through January 19 13.
Kitchen stoves, Rrefrigerators and freezers, unless contained in        5. Field trial quail – January 25-26 19-20.
mobile campers, are prohibited. Lumber, sheet metal or other            6. through 7. No change.
building materials is prohibited. The alteration, defacing,             (b) No change.
moving or tampering in any way with official markings of                (c) Camping: Prohibited, except in designated
campsites is prohibited. The use or operation of electrical        campgrounds by permit as provided by paragraph 68A-
generators powered by an internal combustion engine is             15.004(8)(a), F.A.C. .Allowed at a designated campground
prohibited within the campgrounds from 10:00 p.m. until 4:00       only. Camping is allowed after 8:00 a.m. one day prior to
a.m. A legible copy of the camping permit or the permittee’s       archery season until 6:00 p.m. one day after archery season and
name and permit number must be visibly affixed to camping          continuously after 8:00 a.m. eight (8) days prior to the opening
shelters. Camping equipment must be removed by 8:00 p.m. on        of general gun season until the last day of the small game
the last date listed on the camping permit, except for days        season. During the remainder of the year, camping is allowed
between archery and general gun. Only tents, trailers or self-     from 5:00 p.m. Friday to 9:00 p.m. Sunday and on Memorial
propelled camping vehicles may be used for camping.                Day, Independence Day, Martin Luther King Jr. Day, and Labor
     (d) No change.                                                Day. Camping equipment shall be allowed on the area only
     (2) Green Swamp Wildlife Management Area – West Unit.         when camping is allowed. The name, address and telephone
     (a) Open season:                                              number of the person responsible for each campsite shall be
     1. Wild hog-still – October 11-13 5-7.                        visibly affixed to camping shelters.
     2. Wild hog-dog – October 23-25 17-19.                             (d) No change.



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Florida Administrative Register                                                       Volume 45, Number 17, January 25, 2019


     (4) Fred C. Babcock/Cecil M. Webb Wildlife Management             3. Wild hog-still – November 9 10 through December 8 9,
Area – Yucca Pens Unit.                                           Saturdays and Sundays only.
     (a) Open season:                                                  4. Small game – December 14 15 through January 19 20.
     1. Muzzleloading gun – October 18-20 12-14.                       5. Spring turkey – March 21 16 through April 19 14,
     2. General gun – October 27 through November 2-10 4.         Saturdays and Sundays only.
     3. Small game – November 13 14 through January 12 13              6. Youth turkey – March 14-15.
on Wednesdays, Thursdays, Saturdays and Sundays only and               6. renumbered 7. No change.
the Friday after Thanksgiving Day.                                     (b) through (d) No change.
     4. through 5. No change.                                          (8) Hickory Hammock Wildlife Management Area.
     (b) through (d) No change.                                        (a) Open season:
     (5) Upper Hillsborough Wildlife Management Area.                  1. Wild hog-still – September 13-15 14-16, 20-22 21-23
     (a) Open season:                                             and January 10-12 11-13.
     1. Wild hog-dog – November 12-14 6-8.                             2. Archery – October 11-13 12-14.
     2. Archery – December 7-8 1-2, 14-15 8-9, and 29-30 and           3. Muzzleloading gun – October 19-21 20-22 and 23-25
January 4-5 5-6 and 11-12.                                        24-26.
     3. Muzzleloading gun – January 18-19 12-13, 25-26 19-20,          4. General gun – November 2-4 3-5.
26-27 and February 1-2 2-3 and 8-9.                                    5. Small game – November 11-24 12-25 and January 20 21
     4. Small game – February 15-16 16-17, 22-23 23-24 and        through March 1 3.
February 29 through March 1 2-3.                                       6. General gun for mobility-impaired – December 7-8 8-9.
     5. Spring turkey – March 25-26 20-21, 27-28, April 1-2 3-         7. No change.
4, 8-9, 10-11 15-16 and 22-23 17-18.                                   8. Spring turkey – March 26-28 21-23 and April 16-18 11-
     6. No change.                                                13.
     (b) No change.                                                    9. No change.
     (c) Camping: Prohibited except at the designated campsite         (b) through (d) No change.
from 8:00 a.m. one day prior to each archery, and                      (9) Walk-in-the-Water Wildlife Management Area.
muzzleloading gun and spring turkey hunt until 8:00 p.m. on            (a) Open season:
the last day of each hunt; from 3:00 p.m. one day prior to each        1. Archery – September 28-29 29-30, September 30
wild hog-dog and small game hunt until 8:00 p.m. on the last      through October 3, October 4-6 1-4, 7-10 5-7, 8-11 and 11-13
day of each hunt; from 8:00 a.m. one day prior to each spring     12-14.
turkey hunt until 5:00 p.m. on the last day of each hunt; or by        2. Muzzleloading gun – November 30 through December
written permission from the Southwest Florida Water               1, December 1-2, 2-5 3-6 and 6-8 7-9.
Management District. Only tents, trailers or self-propelled            3. Wild hog-still – January 11-19 12-15 and 16-20.
camping vehicles may be used for camping. Camping                      4. Small game – February 1-9 2-10 and February 22 23
equipment is prohibited on the area except during periods when    through March 1 3.
camping is allowed.                                                    5. Spring turkey – March 31 through April 2 26-28.
     (d) No change.                                                    6. No change.
     (6) Arbuckle Wildlife Management Area.                            (b) through (d) No change.
     (a) Open season:                                                  (10) Hilochee Wildlife Management Area.
     1. Archery – October 12 13 through November 1 2.                  (a) Open season:
     2. Muzzleloading gun – December 7-15 8-16.                        1. Youth turkey hunt – March 14-15 9-10.
     3. Small game – January 4-5 5-6 and 25-26 26-27.                  2. Spring turkey – March 27-29 22-24 and April 10-12 5-
     4. Spring turkey – March 24-26 19-21 and April 7-9 2-4.      7.
     5. No change.                                                     3. Muzzleloading gun – February 21-23 15-17.
     (b) through (d) No change.                                        4. Wild hog-still – November 22-24 16-18, November 30
     (7) KICCO Wildlife Management Area.                          through December 6-8 2, and December 20-22 14-16.
     (a) Open season:                                                  5. Small game – January 3-19 4-20.
     1. Archery – September 14 15 through October 13 14,               6. Archery – February 14-16 8-10.
Saturdays and Sundays only.                                            7. No change.
     2. Muzzleloading gun – October 19-20 20-21 and 26-27              8. Raccoon – August 8 2 through September 29 23 (from
27-28.                                                            1.5 hours before sunset on Thursday until 1.5 hours after sunrise
                                                                  on Sunday).

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