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.