HB 625

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
20	Be It Enacted by the Legislature of the State of Florida:
21
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.

CODING: Words stricken are deletions; words underlined are additions.