Fla. Admin. Code R. 68B-8.0132 (2026)
Governmental Purpose Special Activity License; Governmental Purpose Gear Exemption
(1) The purpose of a Governmental Purpose SAL is to allow government agencies to use non-conforming gear to meet the needs of public health, safety, or welfare.
(2) Eligibility – A Governmental Purpose SAL may be issued only to a state or federal agency or to a municipal or county government.
(3) Fees and Application –
(a) There is no fee for a Governmental Purpose SAL.
(b) An applicant for a Governmental Purpose SAL must submit a written request that contains the following information:
1. The need for the use of non-conforming gear in furtherance of the public health, safety, or welfare.
2. A detailed description of the proposed gear, an explanation of how it will be used, and any anticipated impacts of the gear on the marine environment.
3. A list of species targeted for harvest with the proposed gear and any anticipated species that may be harvested incidentally.
4. The quantity of targeted species to be harvested necessary to achieve the stated purpose.
5. The center point and corner coordinates of each area where the non-conforming gear will be used.
6. The time period during which the non-conforming gear will be used.
7. A statement from the applicant attesting that the requested activities are sanctioned by the applicant’s affiliated governmental agency.
(4) License Conditions –
(a) A licensee must comply with all conditions set forth under a Governmental Purpose SAL.
(b) The Commission may include license conditions or restrictions under a Governmental Purpose SAL related to the following subjects as they apply to activities authorized under such license:
1. Limitations to the minimum area and time necessary to achieve the governmental purpose.
2. Allowable or prohibited harvesting areas, harvesting gears, and authorized activities.
3. Requirements for the sale of a marine organism.
4. Reporting requirements appropriate to the licensed activity.
(5) License Period – The valid license period for a Governmental Purpose SAL will be based on the duration of the proposed activity, provided that it is no longer than is necessary to achieve its stated purpose.
(6) Governmental Purpose Gear Exemption. The purpose of a Governmental Purpose Gear Exemption is to allow for the use of net gear that does not conform to Article X, Section 16 of the Florida Constitution to conduct activities permitted, provided, or required by a governmental agency. A Governmental Purpose Gear Exemption shall only be issued in conjunction with a Marine Turtle Permit, or an Education/Exhibition SAL.
(a) Eligibility – A Governmental Purpose Gear Exemption may be issued only to a person who:
1. Holds an Endangered Species Permit or other such authorization issued by the National Marine Fisheries Service for purposes of marine turtle harvest and relocation, marine turtle research, testing of experimental devices designed to exclude turtles from commercial harvesting gear, or conducting marine turtle population assessments in a specified area.
2. Serves as a support unit for the Florida Department of Education who operates a facility on behalf of the State of Florida to provide marine services support for state agencies and institutions.
(b) Fees and Application –
1. There is no fee for a Governmental Purpose Gear Exemption.
2. An application for a Governmental Purpose Gear Exemption must be submitted in the form of a written request from an eligible applicant. The written request for an exemption must be accompanied by a copy of a valid Marine Turtle Permit or a valid Education/Exhibition SAL, or with the application for an Education/Exhibition SAL.
(7) Emergency Response – The Commission may impose additional conditions or may provide additional exemptions, including authorization to harvest, collect, or possess prohibited species, when a Governmental Purpose SAL is issued for emergency response purposes, such as fish kills or other natural or manmade disasters.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-29-26.
Effective: 7/29/2026.