Current through Reg. 50, No. 187; September 24, 2024
(1) Requests for
issuance of a livery permit, as provided in Section
327.54, F.S., shall be submitted
to the Commission via email to liverypermit@myfwc.com or to Fish and Wildlife
Conservation Commission, Boating and Waterways Section/Livery Permit, 620 South
Meridian Street, Tallahassee, Florida 32399. A livery permit shall be issued
when such requests include all of the following:
(a) A copy of the Florida Livery Permit
Checklist, form FWCDLE_311 (10/2023), which is hereby incorporated by reference
and which is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-16298.
(b) A list of all vessels offered by the
livery for lease or rent.
(c) A
copy of a valid insurance policy for the livery meeting the requirements of
Section 327.54, F.S. For convenience,
liveries providing optional insurance coverage to renters may utilize the
Livery Insurance Coverage Option for Renter form FWCDLE 319 (10/2023), which is
hereby incorporated by reference and is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16296.
(d) A copy of the Livery Permit
Certification, form FWCDLE_312 (10/2023), which is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-16299,
and which is hereby incorporated by reference. This form must be signed by the
livery or by the official agent of the livery with authority to bind the
livery.
(e) If the livery permit is
to be issued to a corporation, limited liability company, or partnership, a
copy of the business documents establishing the livery as such. If the livery
is to be issued to an individual, a copy of the individual's government issued
photo identification.
(2)
All livery permits shall be issued using the same delivery method as the permit
request was made. If a livery permit is issued by email it shall be received
from liverypermit@myfwc.com. Such email with the attached permit may be shown
to law enforcement on an electronic device as evidence of the permit. Each
permit shall have a unique identifying number and shall be electronically
signed by staff in the Boating and Waterways Section. Such permits shall be
issued on form FWCDLE_310 (11/2022), Livery Permit, which is located at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15115,
and which is hereby incorporated by reference.
(3) Livery permits issued in 2023 will be
valid for the remainder of calendar year 2023 and will expire in 2024 on the
applicant's birthday. Livery permits will thereafter expire annually on the
applicant's birthday.
(4)
(a) Livery permits shall be revoked, and
applications for livery permits shall be denied, as follows:
1. For two or more violations of any
combination of the following within a 24-month period or for four violations
over any period of time, which result in dispositions other than dismissal or
acquittal and which were issued to any person owning or operating the livery:
a. Subsection
327.54(2),
F.S., except as provided in subparagraph 2. below.
b. Subsections
327.54(4), (5), (6), (7), (8), and
(9), F.S.
c. Paragraph
327.54(3)(a), (b), (c), (d), or
(e), F.S.
2. For three or more violations of any
combination of the following within a 12-month period or for five violations
over any period of time, which result in dispositions other than dismissal or
acquittal and which were issued to any person owning or operating the livery:
a. Failure to provide the Commission with
updated information within 10 days of a change of such information, as provided
in subsection 327.54(2),
F.S.
b. Subsection
327.54(10),
F.S.
c. Paragraph
327.54(3)(f) or
(g), F.S.
(b) Revocations of livery permits and denials
of livery permit applications pursuant to this section shall be in effect for
two years for a first revocation or denial. A second revocation of a livery
permit pursuant to this section shall be permanent. The Commission shall not
issue a permit to an application for a livery which has been the subject of a
permanent revocation.
(c) The
commission shall notify livery permit holders or applicants of a revocation or
denial in writing. Such notice shall constitute final agency
action.
Rulemaking Authority
327.04,
327.54 FS. Law Implemented
327.54
FS.
New 1-31-23, Amended
1-3-24.
