Florida Senate - 2009                                     SB 148
       
       
       
       By Senator Aronberg
       
       
       
       
       27-00005-09                                            2009148__
    1                        A bill to be entitled                      
    2         An act relating to mangrove protection; amending s.
    3         403.121, F.S.; expanding the penalty previously
    4         applicable to violations involving mangrove trimming
    5         or alteration to apply to any violation under the
    6         Mangrove Trimming and Preservation Act; amending s.
    7         403.9323, F.S.; clarifying legislative intent with
    8         respect to the protection of mangroves; amending s.
    9         403.9324, F.S.; authorizing the Department of
   10         Environmental Protection to adopt by rule certain
   11         exemptions and general permits under the Mangrove
   12         Trimming and Preservation Act; amending s. 403.9329,
   13         F.S.; clarifying the department's authority to revoke
   14         a person's status as a professional mangrove trimmer;
   15         amending s. 403.9331, F.S.; providing that the
   16         Mangrove Trimming and Preservation Act does not
   17         authorize trimming on uninhabited islands or lands
   18         that are publicly owned or set aside for conservation
   19         or mitigation except under specified circumstances;
   20         providing an effective date.
   21         
   22  Be It Enacted by the Legislature of the State of Florida:
   23         
   24         Section 1. Paragraph (d) of subsection (3) of section
   25  403.121, Florida Statutes, is amended to read:
   26         403.121 Enforcement; procedure; remedies.—The department
   27  shall have the following judicial and administrative remedies
   28  available to it for violations of this chapter, as specified in
   29  s. 403.161(1).
   30         (3) Except for violations involving hazardous wastes,
   31  asbestos, or underground injection, administrative penalties
   32  must be calculated according to the following schedule:
   33         (d) For mangrove trimming or alteration violations, The
   34  department shall assess a penalty of $5,000 per violation
   35  against any person who violates any provision of ss. 403.9321
   36  403.9333 the contractor or agent of the owner or tenant that
   37  conducts mangrove trimming or alteration without a permit as
   38  required by s. 403.9328. For purposes of this paragraph, the
   39  preparation or signing of a permit application by a person
   40  currently licensed under chapter 471 to practice as a
   41  professional engineer shall not make that person an agent of the
   42  owner or tenant.
   43         Section 2. Subsection (3) of section 403.9323, Florida
   44  Statutes, is amended to read:
   45         403.9323 Legislative intent.—
   46         (3) It is the intent of the Legislature to provide
   47  waterfront property owners their riparian right of view, and
   48  other rights of riparian property ownership as recognized by s.
   49  253.141 and any other provision of law, by allowing mangrove
   50  trimming in riparian mangrove fringes without prior government
   51  approval when conducted in conformance with the provisions of
   52  ss. 403.9321-403.9333 the trimming activities will not result in
   53  the removal, defoliation, or destruction of the mangroves.
   54         Section 3. Present subsections (1) through (6) of section
   55  403.9324, Florida Statutes, are redesignated as subsections (2)
   56  through (7), respectively, a new subsection (1) is added to that
   57  section, and present subsections (1) and (4) of that section are
   58  amended, to read:
   59         403.9324 Mangrove protection rule; delegation of mangrove
   60  protection to local governments.—
   61         (1) The department may adopt rules providing for exemptions
   62  and general permits authorizing activities that have, singularly
   63  or cumulatively, a minimal adverse effect on the water resources
   64  of the state.
   65         (2)(1) Sections 403.9321-403.9333 and any lawful
   66  regulations adopted in accordance with this section by a local
   67  government that receives a delegation of the department's
   68  authority to administer and enforce the regulation of mangroves
   69  as provided by this section shall be the sole regulations in
   70  this state for the trimming and alteration of mangroves on
   71  privately or publicly owned lands. All other state and local
   72  regulation of mangrove is as provided in subsection (4) (3).
   73         (5)(4) Within 45 days after receipt of a written request
   74  for delegation from a local government, the department shall
   75  grant or deny the request in writing. The request is deemed
   76  approved if the department fails to respond within the 45-day
   77  time period. In reviewing requests for delegation, the
   78  department shall limit its review to whether the request
   79  complies with the requirements of subsection (3) (2). The
   80  department shall set forth in writing with specificity the
   81  reasons for denial of a request for delegation. The department's
   82  determination regarding delegation constitutes final agency
   83  action and is subject to review under chapter 120.
   84         Section 4. Subsection (5) of section 403.9329, Florida
   85  Statutes, is amended to read:
   86         403.9329 Professional mangrove trimmers.—
   87         (5) A professional mangrove trimmer status granted under
   88  ss. 403.9321-403.9333 or by the department may be revoked by the
   89  department for any person who is responsible for any violations
   90  of ss. 403.9321-403.9333 or any adopted mangrove rules.
   91         Section 5. Subsection (3) is added to section 403.9331,
   92  Florida Statutes, to read:
   93         403.9331 Applicability; rules and policies.—
   94         (3) Pursuant to s. 403.9323(2), the provisions of ss.
   95  403.9321-403.9333 do not allow the trimming of mangroves on
   96  uninhabited islands that are publicly owned or on lands that are
   97  set aside for conservation and preservation or mitigation,
   98  except where necessary to protect the public health, safety, and
   99  welfare or to enhance public use of, or access to, conservation
  100  areas in accordance with approved management plans.
  101         Section 6. This act shall take effect July 1, 2009.