Senate Bill sb2528

    Florida Senate - 2007                                 SJR 2528

    By Senator Baker





    24-1682-07                                             See HJR

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 9 of Article IV of the State

  4         Constitution to require the Fish and Wildlife

  5         Conservation Commission to provide a rule

  6         challenge process in commission procedures for

  7         persons who are affected by any existing or

  8         proposed rule of the commission and to provide

  9         guidelines for commission rules and rule

10         challenges.

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12  Be It Resolved by the Legislature of the State of Florida:

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14         That the following amendment to Section 9 of Article IV

15  of the State Constitution is agreed to and shall be submitted

16  to the electors of this state for approval or rejection at the

17  next general election or at an earlier special election

18  specifically authorized by law for that purpose:

19                            ARTICLE IV

20                            EXECUTIVE

21         SECTION 9.  Fish and wildlife conservation

22  commission.--There shall be a fish and wildlife conservation

23  commission, composed of seven members appointed by the

24  governor, subject to confirmation by the senate, for staggered

25  terms of five years. The commission shall exercise the

26  regulatory and executive powers of the state with respect to

27  wild animal life and fresh water aquatic life, and shall also

28  exercise regulatory and executive powers of the state with

29  respect to marine life, except that all license fees for

30  taking wild animal life, fresh water aquatic life, and marine

31  life and penalties for violating regulations of the commission

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                 SJR 2528
    24-1682-07                                             See HJR




 1  shall be prescribed by general law. The commission shall

 2  establish procedures to ensure adequate due process in the

 3  exercise of its regulatory and executive functions. The

 4  procedures shall include a rule challenge process for persons

 5  who are affected by any existing or proposed rule of the

 6  commission. In a rule challenge, the burden shall be on the

 7  commission to show by a preponderance of the evidence that the

 8  rule is supported by competent and substantial evidence and

 9  that the evidence demonstrates the rational basis for the

10  rule. Rules of the commission shall not be based upon

11  speculation unsupported by evidence or empirical data.

12  Procedures for a rule challenge process shall follow those set

13  forth in the state administrative procedure act. The

14  legislature may enact laws in aid of the commission, not

15  inconsistent with this section, except that there shall be no

16  special law or general law of local application pertaining to

17  hunting or fishing. The commission's exercise of executive

18  powers in the area of planning, budgeting, personnel

19  management, and purchasing shall be as provided by law.

20  Revenue derived from license fees for the taking of wild

21  animal life and fresh water aquatic life shall be appropriated

22  to the commission by the legislature for the purposes of

23  management, protection, and conservation of wild animal life

24  and fresh water aquatic life. Revenue derived from license

25  fees relating to marine life shall be appropriated by the

26  legislature for the purposes of management, protection, and

27  conservation of marine life as provided by law. The commission

28  shall not be a unit of any other state agency and shall have

29  its own staff, which includes management, research, and

30  enforcement. Unless provided by general law, the commission

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    Florida Senate - 2007                                 SJR 2528
    24-1682-07                                             See HJR




 1  shall have no authority to regulate matters relating to air

 2  and water pollution.

 3         BE IT FURTHER RESOLVED that the following statement be

 4  placed on the ballot:

 5                     CONSTITUTIONAL AMENDMENT

 6                      ARTICLE IV, SECTION 9

 7         FISH AND WILDLIFE CONSERVATION COMMISSION RULE

 8  CHALLENGE PROCEDURES.--Proposing an amendment to the State

 9  Constitution to require the Fish and Wildlife Conservation

10  Commission to provide in the procedures of the commission a

11  rule challenge process for persons affected by existing or

12  proposed commission rules, to require that the burden in a

13  rule challenge shall be on the commission to show by a

14  preponderance of the evidence that the rule is supported by

15  competent and substantial evidence and that the evidence

16  demonstrates the rational basis for the rule, to require that

17  a rule not be based on speculation unsupported by evidence or

18  empirical data, and to require that the commission's rule

19  challenge process procedures follow those set forth in the

20  state Administrative Procedure Act.

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CODING: Words stricken are deletions; words underlined are additions.