5I-4.002: Purpose and Definitions
5I-4.005: Protection of Managed Lands
5I-4.006: Recreational Activities and Facilities
5I-4.008: Vendors; Authorizations; Fees
PURPOSE AND EFFECT: Modify the definition off-highway vehicle, and add two new definitions, modify two locations as the result of re-numbering for the new definitions, and add a new off-highway trail system as new recreational activity and facilities.
SUMMARY: This rulemaking adopts the revised definition of off-highway vehicles, adds two new definitions, modify two locations as a result of the new definitions, and adds a new location where off-highway vehicles can be operated on for Division of Forestry managed lands.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule 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: 570.07(23), 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 SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Steve Bohl, 3125 Conner Blvd., Tallahassee, FL 32399-1650, (850)414-9914
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 (20) No change.
(21) OFF-HIGHWAY VEHICLE – Any ATV, two rider ATV, ROV, or OHM that is used off the roads or highways of this state and is not registered and licensed for highway use under Chapter 320, F.S.
(22) through (25) No change.
(26) Recreational Off-highway Vehicle (ROV). Any motorized recreational off-highway vehicle 64 inches or less in width, having a dry weight of 2,000 pounds or less, designed to travel on four or more nonhighway tires, having nonstraddle seating and a steering wheel, and manufactured for recreational use by one or more persons. The term “ROV” does not include a golf cart as defined in Sections 320.01(22) and 316.003(68), F.S., or a low-speed vehicle as defined in Section 320.01(42), F.S.
(27)(26) RECREATIONAL VEHICLE: A motor vehicle designed to provide temporary living quarters for recreational, camping, or travel use, which has its own propulsion or is mounted on or towed by another motor vehicle.
(28)(27) SCHEDULE OF FEES: The Division is authorized under Section 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, September 2010” which is hereby 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.
(29)(28) SWIMMING AREA: Any area designated for swimming.
(30) Two-rider ATV. Any ATV that is specifically designed by the manufacturer for a single operator and one passenger.
(31)(29) WATERCRAFT: Any motorized, paddle-propelled or wind-driven means of water-related transportation.
(32)(30) YOUTH GROUP: Any organized group of seven or more youths (under the age of 18) who are affiliated with a recognized not-for-profit organization, accompanied by one or more adult (18 years or older) chaperon(s).
Rulemaking Specific Authority 570.07(23), 589.011(4), 589.071, 589.12 FS. Law Implemented 589.011(3), 589.071 FS. History–New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04, 3-2-09,________.
5I-4.005 Protection of Managed Lands.
No person shall:
(1) through (15) No change.
(16) Operate a commercial enterprise on managed lands, except in limited circumstances where such enterprise provides a compatible service to forest visitors participating in recreation, and only after notification to the Division, and payment of the applicable fee in accordance with subsection 5I-4.002 (28)(27), F.A.C.
(17) through (20) No change.
Rulemaking Specific Authority 570.07(23), 589.011(4), 589.071, 589.12 FS. Law Implemented 589.011(3), 589.071 FS. History–New 5-24-92, Amended 1-19-95, 5-15-95, 11-6-95, 5-31-04,________.
5I-4.006 Recreational Activities and Facilities.
(1) through (5) No change.
(6) Croom Motorcycle Area at Withlacoochee State Froest and Off-Highway Vehicle Trail System at Tates Hell State Forest:
(a) Firearms are prohibited within the boundaries of the Croom Motorcycle Area.
(b) No person shall operate an off-highway vehicle inside the boundaries of the Croom Motorcycle Area or at the Off-Highway Vehicle Trail System unless the vehicle visibly displays a valid, permanently attached, motorcycle decal issued by the Division.
(c) No person shall operate an off-highway vehicle within the Croom Motorcycle Area or on the Off-Highway Vehicle Trail System between sunset and sunrise.
(d) All persons operating off-highway vehicles on managed lands do so at their own risk and must comply with all established rules.
(e) No person shall operate an off-highway vehicle within the Croom Motorcycle Area or on the Off-Highway Vehicle Trail System unless such vehicle has a muffler system conforming to the requirements of the Florida Highway Patrol Handbook.
(f) No person shall operate a motorized cycle faster than ten (10) miles per hour inside the Croom Motorcycle Area or inside Off-Highway Vehicle Trail System camping facilities(y) and day-use parking areas.
(g) No person under the age of 16 shall operate or ride a motorized cycle in the Croom Motorcycle Area or on the Off-Highway Vehicle Trail System without the direct supervision of an adult (18 years or older).
(h) Horses are prohibited in the Croom Motorcycle Area.
(7) through No change.
Rulemaking Specific Authority 570.07(23), 589.011(4), 589.071, 589.12 FS. Law Implemented 589.011(3), 589.071 FS. FS. History– New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04, 3-2-09,________.
5I-4.008 Vendors; Authorizations; Fees.
Any offsite commercial enterprise desiring to provide horses, canoes, bicycles, or other animals or equipment to any person for use on managed lands shall pay any applicable fees in accordance with subsection 5I-4.002(28)(27), F.A.C., to the Division. The commercial enterprise shall provide all customers with copies of Division brochures containing general information governing use of the forest.
Rulemaking Specific Authority 570.07(23), 589.011(4), 589.071, 589.12 FS. Law Implemented 589.011(3), 589.071 FS. History–New 5-24-92, Amended 11-6-95, 5-31-04,________.