Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 148
Barcode 561386
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/03/2009 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Environmental Preservation and Conservation
(Sobel) recommended the following:
1 Senate Amendment
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (d) of subsection (3) of section
6 403.121, Florida Statutes, is amended to read:
7 403.121 Enforcement; procedure; remedies.—The department
8 shall have the following judicial and administrative remedies
9 available to it for violations of this chapter, as specified in
10 s. 403.161(1).
11 (3) Except for violations involving hazardous wastes,
12 asbestos, or underground injection, administrative penalties
13 must be calculated according to the following schedule:
14 (d) For mangrove trimming or alteration violations, the
15 department shall assess:
16 1. A penalty of $5,000 per violation against any person who
17 violates any provision of ss. 403.9321-403.9333 the contractor
18 or agent of the owner or tenant that conducts mangrove trimming
19 or alteration without a permit as required by s. 403.9328.
20 However, for minor unauthorized trimming that otherwise would
21 have qualified for a general permit under s. 403.9327 or that
22 has only minimal or insignificant individual or cumulative
23 adverse impacts on mangrove resources, the department shall
24 assess a penalty of $1,000 for the first offense. For purposes
25 of this paragraph, the preparation or signing of a permit
26 application by a person currently licensed under chapter 471 to
27 practice as a professional engineer does shall not constitute a
28 violation make that person an agent of the owner or tenant.
29 2. For major unauthorized trimming or a second or
30 subsequent violation of subparagraph 1., an additional penalty
31 of $100 for each mangrove illegally trimmed and $250 for each
32 mangrove illegally altered, not to exceed a total of $10,000.
33 3. For major unauthorized trimming or a second or
34 subsequent violation of subparagraph 1. by a professional
35 mangrove trimmer, an additional penalty of $250 for each
36 mangrove illegally trimmed or altered, not to exceed a total of
37 $10,000.
38 Section 2. Subsection (3) of section 403.9323, Florida
39 Statutes, is amended to read:
40 403.9323 Legislative intent.—
41 (3) It is the intent of the Legislature to provide
42 waterfront property owners their riparian right of view, and
43 other rights of riparian property ownership as recognized by s.
44 253.141 and any other provision of law, by allowing mangrove
45 trimming in riparian mangrove fringes without prior government
46 approval when conducted in conformance with the provisions of
47 ss. 403.9321-403.9333 and the trimming activities will not
48 result in the removal, defoliation, or destruction of the
49 mangroves.
50 Section 3. Present subsections (1) through (6) of section
51 403.9324, Florida Statutes, are redesignated as subsections (2)
52 through (7), respectively, a new subsection (1) is added to that
53 section, and present subsections (1) and (4) of that section are
54 amended, to read:
55 403.9324 Mangrove protection rule; delegation of mangrove
56 protection to local governments.—
57 (1) The department may adopt rules providing for exemptions
58 and general permits authorizing activities that have, singularly
59 or cumulatively, a minimal adverse effect on the water resources
60 of the state. This subsection does not grant the department the
61 authority to adopt rules for the exemptions and general permits
62 provided in ss. 403.9326 and 403.9327.
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.