Florida Administrative Code

For the purposes of this chapter, the following definitions shall apply: (1) "Photographic identification" for purposes of this chapter, means a form of identification issued by a governmental agency, employer, course provider, or educational institution which includes the follow…

(1) Course Provider Requirements. (a) "Course provider" means a school or other sponsoring organization that offers to the public boating safety courses that meet the minimum standards established by the National Association of State Boating Law Administrators. (b) Each course pr…

(1) Each boating safety course taught, whether in a classroom setting or online, pursuant to Section 327.395 or 327.731, F.S., must maintain current approval from the National Association of State Boating Law Administrators and the Florida Fish and Wildlife Conservation Commissio…

Individuals who have successfully completed an approved boating safety education course in accordance with this chapter and Section 327.395, F.S. will be issued a boating safety identification card by the Commission, which may be issued in digital, electronic, laminated card, or …

(1) Any person convicted of a non-criminal boating violation listed in Section 327.731, F.S., must thereafter successfully complete a boating safety course approved by the National Association of State Boating Law Administrators and the State of Florida. Proof of successful compl…

Rulemaking Authority 327.04, 327.39, 327.54 FS. Law Implemented 327.04, 327.39, 327.54 FS. History-New 6-9-05, Amended 4-20-09, Repealed 1-31-23.

(1) Any person administering the Florida Boater Education Temporary Certificate examination under contract with the Florida Fish and Wildlife Conservation Commission must strictly comply with all contract provisions. (2) Any person administering the Florida Boater Education Tempo…

Rulemaking Authority 327.04, 327.39, 327.54 FS. Law Implemented 327.04, 327.39, 327.54 FS. History-New 4-20-09, Repealed 1-31-23.

(1) Florida Statutes restrict the take, possession, disturbance, mutilation, destruction, selling, transference, molestation, and harassment of marine turtles, nests, or eggs. Protection is also afforded to marine turtle habitat. A specific authorization from Commission staff is …

(1) Applications: Any individual, firm or corporation desiring to obtain authorization to conduct scientific, conservation, or educational activities directly involving marine turtles shall submit an application to the Commission prior to conduct of the activity. Applications sha…

(1) Conservation Permits - Activities that require a conservation permit include, but are not limited to, any actions associated with a living or stranded marine turtle, its nest, or hatchlings such as: (a) Any research or conservation activities, or (b) Any educational activitie…

(1) Non-compliance with permits issued under the provisions of this chapter is subject to the following actions: (a) For all one year permits, failure to fulfill reporting requirements or respond to other information requests shall constitute a minor violation of this rule. Such …

Rulemaking Authority 379.2431(1), 379.244(2), 379.407 FS. Law Implemented 379.2431(1), 379.244(2), 379.407 FS. History-New 2-11-81, Formerly 16B-40.061, 16B-40.0061, 16R-1.0061, 62R-1.0061, Repealed 11-23-16.

The Legislature amended chapter 370, F.S., to establish the Florida Spiny Lobster Trap Certificate Program, to promote stabilization, efficiency and resource protection in the lobster fishery by reducing the number of permitted traps. The following requirements, standards and reg…

(1) "A1-certificates" are trap certificates that have never been transferred from the original certificate holder. (2) "A2-certificates" are trap certificates that have been transferred to or from an immediate family member for which no surcharge has been collected. (3) "Active C…

(1) The number of allotted certificates is determined upon an initial allocation pursuant to establishment of the program to certificate holders that had a SPL with a C-number during the benchmark years (i.e., the 1988-1989, 1989-1990, or the 1990-1991 lobster fishing seasons) an…

(1) No lobster trap shall be used on or in the waters of the state without a current year trap tag firmly affixed thereto. Traps with tags that are not firmly affixed by nails, staples, or otherwise securely fastened as may be provided by the Commission, shall be considered untag…

(1) Trap certificates shall only be transferred from the trap certificate account of one person to the account of another between May 1 and the end of February. Requests received by the Commission before May 1 or postmarked after the end of February of the current license year wi…

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.3671 FS. History-New 5-16-95, Formerly 62R-18.006, Repealed 4-17-18.

(1) Beginning July 1, 2001, and in each subsequent year until such time as only 400,000 trap certificates are available to the fishery, the number of trap certificates shall be reduced pursuant to rule 68B-24.009, F.A.C. (2) If the percentage reduction results in a fractional num…

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.3671 FS. History-New 5-16-95, Formerly 62R-18.008, Repealed 4-17-18.

It shall be the policy of the Commission to assess administrative penalties pursuant to section 379.3671(2)(c)4., F.S., for a violation involving use of spiny lobster traps without current year trap tags as required by section 379.3671(2)(b), F.S. (1) For a first violation of the…

This rule will provide a non-refundable processing fee for the replacement of saltwater fishing licenses, permits, and retail or wholesale dealers licenses, as referenced on Form FWC 30-215 (1/25/99), during any given license year. Rulemaking Authority 379.361 FS. Law Implemented…

(1) There will be a non-refundable $10.00 fee assessed for each license or permit that is replaced. (2) Any request for such a replacement license or permit may be denied, if the application form is not completely and accurately completed and signed, or if the $10.00 fee per appl…

The application shall be incorporated and hereby referenced to and entitled "Saltwater Fishing License or Permit Replacement Application" and may be obtained by request to the Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399. Rulema…

Rulemaking Authority 379.2431(1)(d)4., (h) FS. Law Implemented 320.08058(19), 379.2431(1)(d)4., (h) FS. History-New 5-9-01, Repealed 3-17-16.

Rulemaking Authority 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(d)4. FS. History-New 5-9-01, Repealed 3-17-16.

Rulemaking Authority 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(b) FS. History-New 5-9-01, Repealed 3-17-16.

Rulemaking Authority 379.106(2), 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(b) FS. History-New 5-9-01, Repealed 3-17-16.

Rulemaking Authority 379.106(1), (2), 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(b) FS. History-New 5-9-01, Repealed 3-17-16.

Rulemaking Authority 379.106(1), (2), 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(b) FS. History-New 5-9-01, Repealed 3-17-16.

Rulemaking Authority 379.106(2), 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(b) FS. History-New 5-9-01, Repealed 3-17-16.

Rulemaking Authority 379.106(2), 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(b) FS. History-New 5-9-01, Repealed 3-17-16.

Rulemaking Authority 379.106(2), 379.2431(1)(d)4. FS. Law Implemented 320.08058(19), 379.2431(1)(b) FS. History-New 5-9-01, Repealed 3-17-16.

(1) Purpose and Scope. This rule implements Art. X, §16 and Art. IV, §9, Florida Constitution by establishing vessel corridors within which persons, firms or corporations subject to saltwater license privilege suspensions resulting from a violation of Art. X, §16, Florida Constit…

(1) It is the intent of the Commission pursuant to statutory authority, to establish regulations and specifications, to be known as the Seafood Quality Control Code, of sanitary practices relating to the catching, handling, packaging, preserving and storing of salt water products…

(1) "Product" - Any animal, plant or other material or part of an animal, plant or portion of other material any part of which was originally taken from the sea. (2) "Primary producer" - A person, firm or corporation that uses a vessel to harvest products and who may only physica…

The enforcement of the provisions of this subsection of this rule shall be administered by the Commission or its agents and may be coordinated with and may be in conjunction with any and all other state and federal agencies exercising jurisdiction over the sanitary practices of t…

(1) Seafood received shall be clean, wholesome, free from spoilage and safe for human consumption. (2) Seafood while being handled in a primary or secondary production plant shall be protected from dust, flies, rodents and other vermin, toxic materials, unclean equipment and uten…

No person while affected with any disease in a communicable form or while a carrier of such disease or while afflicted with boils, infected wounds, sores, or an acute respiratory infection shall work in any primary or secondary production plant in any capacity in which there is l…

(1) Equipment and facilities provided - Every primary or secondary production plant shall be provided with equipment and utensils so designed, constructed, located, installed, maintained and operated as to permit full compliance with the provisions of this subsection. The followi…

(1) Water supply - The water supply shall be adequate; of safe sanitary quality and from an approved source in accordance with provisions of the Sanitary Code of Florida, Chapter 64E-11, F.A.C. This provision, however, shall not apply to water used in washing and cleaning floors.…

(1) Primary or secondary production plants shall be designed and equipped to provide sufficient space for sanitary handling of seafood products and thorough cleaning of all plant components. (2) Floors - The floor surfaces in seafood production, packing and storage rooms and all …

(1) The Commission shall inspect all primary or secondary production plants as often as may be deemed necessary for enforcement of the provisions of this subsection for protection of the public health. (2) Persons operating a primary or secondary production plant shall permit the…

Seafood may be examined or sampled while in the possession of a primary or secondary producer for laboratory examination by the Commission as often as may be necessary to determine freedom from unwholesomeness, adulteration or misbranding. No seafood intended for human consumptio…

When the Commission has reasonable cause to suspect possibility of disease transmission from any primary or secondary production plant employee, the Commission shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated and tak…

(1) Washing shellstock - Shellstock shall be washed reasonably free of bottom sediments and detritus as soon after harvesting as practicable. The primary responsibility for washing rests with the harvester. Water used for shellstock washing shall be obtained from an approved grow…

(1) Seafood while being transported shall be in an enclosed conveyance with doors closed securely, or such products must be in covered containers or otherwise wrapped or packaged to insure protection from contamination. Potentially hazardous foods shall be kept at safe temperatur…

(1) Boats used only for the harvesting or transporting of seafood shall be excluded from the requirements listed under Rules 68E-27.014, 68E-27.015, and 68E-27.016, F.A.C. but shall have facilities for protecting cargo from the sun and weather and from bilge and other contaminati…

The Commission or its agents shall have the authority, without warrant, to board, inspect and search any boat or vehicle engaged in transporting any primary or secondary seafood, as often as may be deemed necessary for enforcement of the provisions of this subsection and for prot…