HOUSE AMENDMENT

    dhs-21                           Bill No. CS/HB 2067, 2nd Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Heyman offered the following:

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13         Amendment to Senate Amendment (262684) (with title

14  amendment) 

15         On page 3, line 7, of the amendment

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17  insert:

18         Section 1.  Subsection (6) of section 403.9324, Florida

19  Statutes, is amended to read:

20         403.9324  Mangrove protection rule; delegation of

21  mangrove protection to local governments.--

22         (6)  A local government that receives delegation of the

23  department's authority to regulate mangroves shall issue all

24  permits required by law and in lieu of any departmental permit

25  provided for by ss. 403.9321-403.9333.  The availability of

26  the exemptions to trim mangroves in riparian mangrove fringe

27  areas provided in s. 403.9326 may not be restricted or

28  qualified in any way by any local government.  This subsection

29  does not preclude a delegated local government from imposing

30  stricter substantive standards or more demanding procedural

31  requirements for mangrove trimming or alteration outside of

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    File original & 9 copies    04/30/99
    hbd0011                     09:06 am         02067-0105-361941




                                                   HOUSE AMENDMENT

    dhs-21                           Bill No. CS/HB 2067, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  riparian mangrove fringe areas. However, any such standard or

 2  procedural requirement imposed by a delegated local government

 3  that is stricter or more demanding than the state standards

 4  included in ss. 403.9321-403.9333 may be overruled by the

 5  department, if it is determined by the department that such

 6  standards and requirements impose an unreasonable hardship on

 7  the riparian property owner. Any riparian property owner

 8  seeking a permit from a delegated local government for

 9  mangrove trimming or alteration outside of a riparian mangrove

10  fringe area shall have the express right to seek a hardship

11  determination from the department.

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14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 3, line 21, of the amendment

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18  after the semicolon insert:

19         amending s. 403.9324, F.S.; providing for a

20         hardship determination by the department;

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    File original & 9 copies    04/30/99
    hbd0011                     09:06 am         02067-0105-361941