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