Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 148
       
       
       
       
       
       
                                Barcode 626310                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/03/2009           .                                
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       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 a penalty of $5,000 per violation
   16  against any person who violates any provision of ss. 403.9321
   17  403.9333 the contractor or agent of the owner or tenant that
   18  conducts mangrove trimming or alteration without a permit as
   19  required by s. 403.9328. For purposes of this paragraph, the
   20  preparation or signing of a permit application by a person
   21  currently licensed under chapter 471 to practice as a
   22  professional engineer does shall not constitute a violation make
   23  that person an agent of the owner or tenant.
   24         Section 2. Subsection (3) of section 403.9323, Florida
   25  Statutes, is amended to read:
   26         403.9323 Legislative intent.—
   27         (3) It is the intent of the Legislature to provide
   28  waterfront property owners their riparian right of view, and
   29  other rights of riparian property ownership as recognized by s.
   30  253.141 and any other provision of law, by allowing mangrove
   31  trimming in riparian mangrove fringes without prior government
   32  approval when conducted in conformance with the provisions of
   33  ss. 403.9321-403.9333 and the trimming activities will not
   34  result in the removal, defoliation, or destruction of the
   35  mangroves.
   36         Section 3. Present subsections (1) through (6) of section
   37  403.9324, Florida Statutes, are redesignated as subsections (2)
   38  through (7), respectively, a new subsection (1) is added to that
   39  section, and present subsections (1) and (4) of that section are
   40  amended, to read:
   41         403.9324 Mangrove protection rule; delegation of mangrove
   42  protection to local governments.—
   43         (1) The department may adopt rules providing for exemptions
   44  and general permits authorizing activities that have, singularly
   45  or cumulatively, a minimal adverse effect on the water resources
   46  of the state. This subsection does not grant the department the
   47  authority to adopt rules for the exemptions and general permits
   48  provided in ss. 403.9326 and 403.9327.
   49         (2)(1) Sections 403.9321-403.9333 and any lawful
   50  regulations adopted in accordance with this section by a local
   51  government that receives a delegation of the department's
   52  authority to administer and enforce the regulation of mangroves
   53  as provided by this section shall be the sole regulations in
   54  this state for the trimming and alteration of mangroves on
   55  privately or publicly owned lands. All other state and local
   56  regulation of mangrove is as provided in subsection (4) (3).
   57         (5)(4) Within 45 days after receipt of a written request
   58  for delegation from a local government, the department shall
   59  grant or deny the request in writing. The request is deemed
   60  approved if the department fails to respond within the 45-day
   61  time period. In reviewing requests for delegation, the
   62  department shall limit its review to whether the request
   63  complies with the requirements of subsection (3) (2). The
   64  department shall set forth in writing with specificity the
   65  reasons for denial of a request for delegation. The department's
   66  determination regarding delegation constitutes final agency
   67  action and is subject to review under chapter 120.
   68         Section 4. Subsection (5) of section 403.9329, Florida
   69  Statutes, is amended to read:
   70         403.9329 Professional mangrove trimmers.—
   71         (5) A professional mangrove trimmer status granted under
   72  ss. 403.9321-403.9333 or by the department may be revoked by the
   73  department for any person who is responsible for any violations
   74  of ss. 403.9321-403.9333 or any adopted mangrove rules.
   75         Section 5. Subsection (3) is added to section 403.9331,
   76  Florida Statutes, to read:
   77         403.9331 Applicability; rules and policies.—
   78         (3)Pursuant to s. 403.9323(2), the provisions of ss.
   79  403.9321-403.9333 do not allow the trimming of mangroves on
   80  uninhabited islands that are publicly owned or on lands that are
   81  set aside for conservation and preservation or mitigation,
   82  except where necessary to protect the public health, safety, and
   83  welfare or to enhance public use of, or access to, conservation
   84  areas in accordance with approved management plans.
   85         Section 6. This act shall take effect July 1, 2009.