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A bill to be entitled

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An act relating to mangrove protection; amending s.

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403.121, F.S.; expanding the penalty previously applicable

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to violations involving mangrove trimming or alteration to

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apply to any violation under the Mangrove Trimming and

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Preservation Act; amending s. 403.9323, F.S.; clarifying

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legislative intent with respect to the protection of

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mangroves; amending s. 403.9324, F.S.; authorizing the

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Department of Environmental Protection to adopt by rule

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certain exemptions and general permits under the Mangrove

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Trimming and Preservation Act; amending s. 403.9329, F.S.;

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clarifying the department's authority to revoke a person's

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status as a professional mangrove trimmer; amending s.

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403.9331, F.S.; providing that the Mangrove Trimming and

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Preservation Act does not authorize trimming on

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uninhabited islands or lands that are publicly owned or

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set aside for conservation or mitigation except under

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specified circumstances; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (d) of subsection (3) of section

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403.121, Florida Statutes, is amended to read:

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     403.121  Enforcement; procedure; remedies.--The department

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shall have the following judicial and administrative remedies

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available to it for violations of this chapter, as specified in

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s. 403.161(1).

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     (3)  Except for violations involving hazardous wastes,

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asbestos, or underground injection, administrative penalties must

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be calculated according to the following schedule:

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     (d) For mangrove trimming or alteration violations, The

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department shall assess a penalty of $5,000 per violation against

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any person who violates any provision of ss. 403.9321-403.9333

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the contractor or agent of the owner or tenant that conducts

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mangrove trimming or alteration without a permit as required by

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s. 403.9328. For purposes of this paragraph, the preparation or

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signing of a permit application by a person currently licensed

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under chapter 471 to practice as a professional engineer shall

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not make that person an agent of the owner or tenant.

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     Section 2.  Subsection (3) of section 403.9323, Florida

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Statutes, is amended to read:

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     403.9323  Legislative intent.--

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     (3)  It is the intent of the Legislature to provide

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waterfront property owners their riparian right of view, and

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other rights of riparian property ownership as recognized by s.

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253.141 and any other provision of law, by allowing mangrove

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trimming in riparian mangrove fringes without prior government

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approval when conducted in conformance with the provisions of ss.

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403.9321-403.9333 the trimming activities will not result in the

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removal, defoliation, or destruction of the mangroves.

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     Section 3.  Present subsections (1) through (6) of section

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403.9324, Florida Statutes, are redesignated as subsections (2)

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through (7), respectively, a new subsection (1) is added to that

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section, and present subsections (1) and (4) of that section are

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amended, to read:

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     403.9324  Mangrove protection rule; delegation of mangrove

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protection to local governments.--

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     (1) The department may adopt rules providing for exemptions

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and general permits authorizing activities that have, singularly

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or cumulatively, a minimal adverse effect on the water resources

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of the state.

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     (2)(1) Sections 403.9321-403.9333 and any lawful

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regulations adopted in accordance with this section by a local

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government that receives a delegation of the department's

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authority to administer and enforce the regulation of mangroves

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as provided by this section shall be the sole regulations in this

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state for the trimming and alteration of mangroves on privately

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or publicly owned lands. All other state and local regulation of

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mangrove is as provided in subsection (4) (3).

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     (5)(4) Within 45 days after receipt of a written request

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for delegation from a local government, the department shall

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grant or deny the request in writing. The request is deemed

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approved if the department fails to respond within the 45-day

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time period. In reviewing requests for delegation, the department

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shall limit its review to whether the request complies with the

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requirements of subsection (3) (2). The department shall set

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forth in writing with specificity the reasons for denial of a

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request for delegation. The department's determination regarding

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delegation constitutes final agency action and is subject to

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review under chapter 120.

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     Section 4.  Subsection (5) of section 403.9329, Florida

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Statutes, is amended to read:

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     403.9329  Professional mangrove trimmers.--

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     (5) A professional mangrove trimmer status granted under

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ss. 403.9321-403.9333 or by the department may be revoked by the

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department for any person who is responsible for any violations

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of ss. 403.9321-403.9333 or any adopted mangrove rules.

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     Section 5.  Subsection (3) is added to section 403.9331,

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Florida Statutes, to read:

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     403.9331  Applicability; rules and policies.--

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     (3) Pursuant to s. 403.9323(2) the provisions of ss.

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403.9321-403.9333 do not allow the trimming of mangroves on

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uninhabited islands that are publicly owned, or on lands that are

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set aside for conservation and preservation or mitigation, except

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where necessary to protect the public health, safety, and welfare

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or to enhance public use of, or access to, conservation areas in

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accordance with approved management plans.

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     Section 6.  This act shall take effect July 1, 2008.