Notice of Proposed Rule

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Forestry
RULE NO: RULE TITLE
5I-4.002: Purpose and Definitions
5I-4.006: Recreational Activities and Facilities
PURPOSE AND EFFECT: The purpose of the proposed rule amendments is to update and clarify the existing fees for use of lands managed by the Department and the regulations for specific activities on these lands in accordance with state law. The effect will improve administration of Department programs and provide guidance for public use.
SUMMARY: These proposed rule amendments will update and clarify the existing fees for use of lands managed by the Department and the regulations for specific activities on these lands in accordance with state law.
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: 589.011(4), 589.071, 589.12 FS.
LAW IMPLEMENTED: 589.011(3), 589.071 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 12, 2009, 10:00 a.m. EST
PLACE: Eyster Conference Room, Conner Building, 3125 Conner Boulevard, Tallahassee, 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: John Waldron, (850)414-9852. 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: John C. Waldron, Division of Forestry, Department of Agriculture and Consumer Services, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, (850)414-9852

THE FULL TEXT OF THE PROPOSED RULE IS:

5I-4.002 Purpose and Definitions.

The purpose of this chapter is to provide information regarding the utilization of lands and facilities managed or controlled by the Department of Agriculture and Consumer Services, Division of Forestry. The following words have the meaning indicated:

(1) through (26) No change.

(27) SCHEDULE OF FEES: The Division is authorized under Section Chapter 589.011(3), F.S., to set and charge fees for the use or operation of facilities on state forest or any lands leased to the Division for management purposes. A list of the current fees can be found in the document entitled “User Fees on Florida Division of Forestry Managed Lands, July 2008” which is herby adopted and incorporated by reference. This fee schedule can be obtained by contacting any State Forest office, the Florida Division of Forestry, Bureau of Forest Management, 3125 Conner Blvd., Tallahassee, FL 32399-1650, or by visiting http://www.fl-dof.com/forest_recreation/fees.html. A schedule of current fees effective July 1, 2003 can be obtained through any local Division of Forestry office, by contacting the Florida Division of Forestry, Bureau of Forest Management, 3125 Conner Blvd., Tallahassee, FL 32399-1650 and they are located on the Division of Forestry’s website located at http://www.fl-dof.com/state_forests/Forest_Fees.html.

(28) through (30) No change.

Specific Authority 589.011(4), 589.071, 589.12 FS. Law Implemented 589.011(3) (4), 589.071 FS. History–New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04,_________.

 

5I-4.006 Recreational Activities and Facilities.

(1) through (3) No change.

(4)(a) through (g) No change.

(h) Firearms are prohibited on managed lands except during scheduled hunting season or in designated areas. No loaded firearm is allowed in a camping area or day-use area anytime. On lands designated as wildlife management areas or wildlife and environmental areas firearms may be possessed as outlined in FWC Administrative Rule 68A-15.004 or 68A-17.004, F.A.C. Note: A person in possession of a valid Concealed Weapon or Firearm License may carry concealed handguns on managed lands (including non-wildlife management areas, camping areas and day-use areas) under the provisions of Section 790.06, F.S., throughout the year, unless otherwise prohibited pursuant to state or federal law.

(i) through (o) No change.

(5) through (7) No change.

Specific Authority 589.011(4), 589.071, 589.12 FS. Law Implemented 589.071 FS. History-New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Karels, Director, Division of Forestry, Florida Department of Agriculture and Consumer Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner, Department of Agriculture and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 03, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 3, 2008