| 1 | House Joint Resolution |
| 2 | A joint resolution proposing an amendment to Section 9 of |
| 3 | Article IV of the State Constitution to require the Fish |
| 4 | and Wildlife Conservation Commission to provide a rule |
| 5 | challenge process in commission procedures for persons who |
| 6 | are affected by any existing or proposed rule of the |
| 7 | commission and to provide guidelines for commission rules |
| 8 | and rule challenges. |
| 9 |
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| 10 | Be It Resolved by the Legislature of the State of Florida: |
| 11 |
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| 12 | That the following amendment to Section 9 of Article IV of |
| 13 | the State Constitution is agreed to and shall be submitted to |
| 14 | the electors of this state for approval or rejection at the next |
| 15 | general election or at an earlier special election specifically |
| 16 | authorized by law for that purpose: |
| 17 | ARTICLE IV |
| 18 | EXECUTIVE |
| 19 | SECTION 9. Fish and wildlife conservation |
| 20 | commission.--There shall be a fish and wildlife conservation |
| 21 | commission, composed of seven members appointed by the governor, |
| 22 | subject to confirmation by the senate, for staggered terms of |
| 23 | five years. The commission shall exercise the regulatory and |
| 24 | executive powers of the state with respect to wild animal life |
| 25 | and fresh water aquatic life, and shall also exercise regulatory |
| 26 | and executive powers of the state with respect to marine life, |
| 27 | except that all license fees for taking wild animal life, fresh |
| 28 | water aquatic life, and marine life and penalties for violating |
| 29 | regulations of the commission shall be prescribed by general |
| 30 | law. The commission shall establish procedures to ensure |
| 31 | adequate due process in the exercise of its regulatory and |
| 32 | executive functions. The procedures shall include a rule |
| 33 | challenge process for persons who are affected by any existing |
| 34 | or proposed rule of the commission. In a rule challenge, the |
| 35 | burden shall be on the commission to show by a preponderance of |
| 36 | the evidence that the rule is supported by competent and |
| 37 | substantial evidence and that the evidence demonstrates the |
| 38 | rational basis for the rule. Rules of the commission shall not |
| 39 | be based upon speculation unsupported by evidence or empirical |
| 40 | data. Procedures for a rule challenge process shall follow those |
| 41 | set forth in the state administrative procedure act. The |
| 42 | legislature may enact laws in aid of the commission, not |
| 43 | inconsistent with this section, except that there shall be no |
| 44 | special law or general law of local application pertaining to |
| 45 | hunting or fishing. The commission's exercise of executive |
| 46 | powers in the area of planning, budgeting, personnel management, |
| 47 | and purchasing shall be as provided by law. Revenue derived from |
| 48 | license fees for the taking of wild animal life and fresh water |
| 49 | aquatic life shall be appropriated to the commission by the |
| 50 | legislature for the purposes of management, protection, and |
| 51 | conservation of wild animal life and fresh water aquatic life. |
| 52 | Revenue derived from license fees relating to marine life shall |
| 53 | be appropriated by the legislature for the purposes of |
| 54 | management, protection, and conservation of marine life as |
| 55 | provided by law. The commission shall not be a unit of any other |
| 56 | state agency and shall have its own staff, which includes |
| 57 | management, research, and enforcement. Unless provided by |
| 58 | general law, the commission shall have no authority to regulate |
| 59 | matters relating to air and water pollution. |
| 60 | BE IT FURTHER RESOLVED that the following statement be |
| 61 | placed on the ballot: |
| 62 | CONSTITUTIONAL AMENDMENT |
| 63 | ARTICLE IV, SECTION 9 |
| 64 | FISH AND WILDLIFE CONSERVATION COMMISSION RULE CHALLENGE |
| 65 | PROCEDURES.--Proposing an amendment to the State Constitution to |
| 66 | require the Fish and Wildlife Conservation Commission to provide |
| 67 | in the procedures of the commission a rule challenge process for |
| 68 | persons affected by existing or proposed commission rules, to |
| 69 | require that the burden in a rule challenge shall be on the |
| 70 | commission to show by a preponderance of the evidence that the |
| 71 | rule is supported by competent and substantial evidence and that |
| 72 | the evidence demonstrates the rational basis for the rule, to |
| 73 | require that a rule not be based on speculation unsupported by |
| 74 | evidence or empirical data, and to require that the commission's |
| 75 | rule challenge process procedures follow those set forth in the |
| 76 | state Administrative Procedure Act. |