Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 2104
Barcode 976832
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/20/2009 .
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The Committee on General Government Appropriations (Aronberg)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 730 and 731
4 insert:
5 Section 10. Subsection (3) of section 403.9323, Florida
6 Statutes, is amended to read:
7 403.9323 Legislative intent.—
8 (3) It is the intent of the Legislature to provide
9 waterfront property owners their riparian right of view, and
10 other rights of riparian property ownership as recognized by s.
11 253.141 and any other provision of law, by allowing mangrove
12 trimming in riparian mangrove fringes without prior government
13 approval when conducted in conformance with the provisions of
14 ss. 403.9321-403.9333 and the trimming activities will not
15 result in the removal, defoliation, or destruction of the
16 mangroves.
17 Section 11. Present subsections (1) through (6) of section
18 403.9324, Florida Statutes, are redesignated as subsections (2)
19 through (7), respectively, a new subsection (1) is added to that
20 section, and present subsections (1) and (4) of that section are
21 amended, to read:
22 403.9324 Mangrove protection rule; delegation of mangrove
23 protection to local governments.—
24 (1) The department may adopt rules providing for exemptions
25 and general permits authorizing activities that have, singularly
26 or cumulatively, a minimal adverse effect on the water resources
27 of the state. This subsection does not grant the department the
28 authority to adopt rules for the exemptions and general permits
29 provided in ss. 403.9326 and 403.9327.
30 (2)(1) Sections 403.9321-403.9333 and any lawful
31 regulations adopted in accordance with this section by a local
32 government that receives a delegation of the department’s
33 authority to administer and enforce the regulation of mangroves
34 as provided by this section shall be the sole regulations in
35 this state for the trimming and alteration of mangroves on
36 privately or publicly owned lands. All other state and local
37 regulation of mangrove is as provided in subsection (4) (3).
38 (5)(4) Within 45 days after receipt of a written request
39 for delegation from a local government, the department shall
40 grant or deny the request in writing. The request is deemed
41 approved if the department fails to respond within the 45-day
42 time period. In reviewing requests for delegation, the
43 department shall limit its review to whether the request
44 complies with the requirements of subsection (3) (2). The
45 department shall set forth in writing with specificity the
46 reasons for denial of a request for delegation. The department’s
47 determination regarding delegation constitutes final agency
48 action and is subject to review under chapter 120.
49 Section 12. Subsection (5) of section 403.9329, Florida
50 Statutes, is amended to read:
51 403.9329 Professional mangrove trimmers.—
52 (5) A professional mangrove trimmer status granted under
53 ss. 403.9321-403.9333 or by the department may be revoked by the
54 department for any person who is responsible for any violations
55 of ss. 403.9321-403.9333 or any adopted mangrove rules.
56 Section 13. Subsection (3) is added to section 403.9331,
57 Florida Statutes, to read:
58 403.9331 Applicability; rules and policies.—
59 (3) Pursuant to s. 403.9323(2), the provisions of ss.
60 403.9321-403.9333 do not allow the trimming of mangroves on
61 uninhabited islands that are publicly owned or on lands that are
62 set aside for conservation and preservation or mitigation,
63 except where necessary to protect the public health, safety, and
64 welfare or to enhance public use of, or access to, conservation
65 areas in accordance with approved management plans.
66
67 ================= T I T L E A M E N D M E N T ================
68 And the title is amended as follows:
69 Delete line 49
70 and insert:
71 violators; amending s. 403.9323, F.S.; clarifying
72 legislative intent with respect to the protection of
73 mangroves; amending s. 403.9324, F.S.; authorizing the
74 Department of Environmental Protection to adopt by
75 rule certain exemptions and general permits under the
76 Mangrove Trimming and Preservation Act; amending s.
77 403.9329, F.S.; clarifying the department’s authority
78 to revoke a person’s status as a professional mangrove
79 trimmer; amending s. 403.9331, F.S.; providing that
80 the Mangrove Trimming and Preservation Act does not
81 authorize trimming on uninhabited islands or lands
82 that are publicly owned or set aside for conservation
83 or mitigation except under specified circumstances;
84 amending ss. 712.03 and 712.04, F.S.;