| 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; providing a reduced penalty amount for |
| 7 | specified mangrove trimming and alteration violations; |
| 8 | providing additional penalty amounts for major |
| 9 | unauthorized or second or subsequent mangrove trimming and |
| 10 | alteration violations; providing a limitation; amending s. |
| 11 | 403.9323, F.S.; clarifying legislative intent with respect |
| 12 | to the protection of mangroves; amending s. 403.9324, |
| 13 | F.S.; authorizing the Department of Environmental |
| 14 | Protection to adopt by rule certain exemptions and general |
| 15 | permits under the Mangrove Trimming and Preservation Act; |
| 16 | providing construction; amending s. 403.9329, F.S.; |
| 17 | clarifying the department's authority to revoke a person's |
| 18 | status as a professional mangrove trimmer; amending s. |
| 19 | 403.9331, F.S.; providing that the Mangrove Trimming and |
| 20 | Preservation Act does not authorize trimming on |
| 21 | uninhabited islands or lands that are publicly owned or |
| 22 | set aside for conservation or mitigation except under |
| 23 | specified circumstances; providing an effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Paragraph (d) of subsection (3) of section |
| 28 | 403.121, Florida Statutes, is amended to read: |
| 29 | 403.121 Enforcement; procedure; remedies.--The department |
| 30 | shall have the following judicial and administrative remedies |
| 31 | available to it for violations of this chapter, as specified in |
| 32 | s. 403.161(1). |
| 33 | (3) Except for violations involving hazardous wastes, |
| 34 | asbestos, or underground injection, administrative penalties |
| 35 | must be calculated according to the following schedule: |
| 36 | (d) For mangrove trimming or alteration violations, The |
| 37 | department shall assess: |
| 38 | 1. A penalty of $5,000 per violation against any person |
| 39 | who violates any provision of ss. 403.9321-403.9333 the |
| 40 | contractor or agent of the owner or tenant that conducts |
| 41 | mangrove trimming or alteration without a permit as required by |
| 42 | s. 403.9328. However, for minor unauthorized trimming that |
| 43 | otherwise would have qualified for a general permit under s. |
| 44 | 403.9327 or that has only minimal or insignificant individual or |
| 45 | cumulative adverse impacts on mangrove resources, the department |
| 46 | shall assess a penalty of $1,000 for the first offense. For |
| 47 | purposes of this paragraph, the preparation or signing of a |
| 48 | permit application by a person currently licensed under chapter |
| 49 | 471 to practice as a professional engineer does shall not |
| 50 | constitute a violation make that person an agent of the owner or |
| 51 | tenant. |
| 52 | 2. For major unauthorized trimming or a second or |
| 53 | subsequent violation of subparagraph 1., an additional penalty |
| 54 | of $100 for each mangrove illegally trimmed and $250 for each |
| 55 | mangrove illegally altered, not to exceed a total of $10,000. |
| 56 | 3. For major unauthorized trimming or a second or |
| 57 | subsequent violation of subparagraph 1. by a professional |
| 58 | mangrove trimmer, an additional penalty of $250 for each |
| 59 | mangrove illegally trimmed or altered, not to exceed a total of |
| 60 | $10,000. |
| 61 | Section 2. Subsection (3) of section 403.9323, Florida |
| 62 | Statutes, is amended to read: |
| 63 | 403.9323 Legislative intent.-- |
| 64 | (3) It is the intent of the Legislature to provide |
| 65 | waterfront property owners their riparian right of view, and |
| 66 | other rights of riparian property ownership as recognized by s. |
| 67 | 253.141 and any other provision of law, by allowing mangrove |
| 68 | trimming in riparian mangrove fringes without prior government |
| 69 | approval when conducted in conformance with the provisions of |
| 70 | ss. 403.9321-403.9333 and the trimming activities will not |
| 71 | result in the removal, defoliation, or destruction of the |
| 72 | mangroves. |
| 73 | Section 3. Present subsections (1) through (6) of section |
| 74 | 403.9324, Florida Statutes, are redesignated as subsections (2) |
| 75 | through (7), respectively, a new subsection (1) is added to that |
| 76 | section, and present subsections (1) and (4) of that section are |
| 77 | amended, to read: |
| 78 | 403.9324 Mangrove protection rule; delegation of mangrove |
| 79 | protection to local governments.-- |
| 80 | (1) The department may adopt rules providing for |
| 81 | exemptions and general permits authorizing activities that have, |
| 82 | singularly or cumulatively, a minimal adverse effect on the |
| 83 | water resources of the state. This subsection does not grant the |
| 84 | department the authority to adopt rules for the exemptions and |
| 85 | general permits provided in ss. 403.9326 and 403.9327. |
| 86 | (2)(1) Sections 403.9321-403.9333 and any lawful |
| 87 | regulations adopted in accordance with this section by a local |
| 88 | government that receives a delegation of the department's |
| 89 | authority to administer and enforce the regulation of mangroves |
| 90 | as provided by this section shall be the sole regulations in |
| 91 | this state for the trimming and alteration of mangroves on |
| 92 | privately or publicly owned lands. All other state and local |
| 93 | regulation of mangrove is as provided in subsection (4) (3). |
| 94 | (5)(4) Within 45 days after receipt of a written request |
| 95 | for delegation from a local government, the department shall |
| 96 | grant or deny the request in writing. The request is deemed |
| 97 | approved if the department fails to respond within the 45-day |
| 98 | time period. In reviewing requests for delegation, the |
| 99 | department shall limit its review to whether the request |
| 100 | complies with the requirements of subsection (3) (2). The |
| 101 | department shall set forth in writing with specificity the |
| 102 | reasons for denial of a request for delegation. The department's |
| 103 | determination regarding delegation constitutes final agency |
| 104 | action and is subject to review under chapter 120. |
| 105 | Section 4. Subsection (5) of section 403.9329, Florida |
| 106 | Statutes, is amended to read: |
| 107 | 403.9329 Professional mangrove trimmers.-- |
| 108 | (5) A professional mangrove trimmer status granted under |
| 109 | ss. 403.9321-403.9333 or by the department may be revoked by the |
| 110 | department for any person who is responsible for any violations |
| 111 | of ss. 403.9321-403.9333 or any adopted mangrove rules. |
| 112 | Section 5. Subsection (3) is added to section 403.9331, |
| 113 | Florida Statutes, to read: |
| 114 | 403.9331 Applicability; rules and policies.-- |
| 115 | (3) Pursuant to s. 403.9323(2), the provisions of ss. |
| 116 | 403.9321-403.9333 do not allow the trimming of mangroves on |
| 117 | uninhabited islands that are publicly owned or on lands that are |
| 118 | set aside for conservation and preservation, or mitigation, |
| 119 | except where necessary to protect the public health, safety, and |
| 120 | welfare or to enhance public use of, or access to, conservation |
| 121 | areas in accordance with approved management plans. |
| 122 | Section 6. This act shall take effect July 1, 2009. |