403.90 Judicial review relating to permits and licenses.— (1) As used in this section, unless the context otherwise requires: (a) “Agency” means any official, officer, commission, authority, council, committee, department, division, bureau, board, section, or other unit or entity of state government. (b) “Permit” means any permit or license required by this chapter. (2) Any person substantially affected by a […]
403.905 Removal of fill on sovereignty lands.—The department or the Board of Trustees of the Internal Improvement Trust Fund has the authority to direct an abutting upland owner to remove from submerged sovereignty lands or state-owned lands any fill created in violation of 1ss. 403.91-403.929 or part IV of chapter 373, except that the department or […]
403.927 Use of water in farming and forestry activities.— (1) The Legislature recognizes the great value of farming and forestry to this state and that continued agricultural activity is compatible with wetlands protection. In order to avoid unnecessary expense and delay from duplicative programs, it is the intent of the Legislature to provide for the construction and […]
403.928 Assessment of water resources and conservation lands.—The Office of Economic and Demographic Research shall conduct an annual assessment of Florida’s water resources and conservation lands. (1) WATER RESOURCES.—The assessment must include all of the following: (a) Historical and current expenditures and projections of future expenditures by federal, state, regional, and local governments and public and private utilities […]
403.9301 Wastewater services projections.— (1) The Legislature intends for each county, municipality, or special district providing wastewater services to create a 20-year needs analysis. (2) As used in this section, the term: (a) “Domestic wastewater” has the same meaning as provided in s. 367.021. (b) “Facility” means any equipment, structure, or other property, including sewerage systems and treatment works, used […]
403.9302 Stormwater management projections.— (1) The Legislature intends for each county, municipality, or special district providing a stormwater management program or stormwater management system to create a 20-year needs analysis. (2) As used in this section, the term: (a) “Facility” means any equipment, structure, or other property, including conveyance systems, used or useful in connection with providing a stormwater […]
403.9321 Short title.—Sections 403.9321-403.9333 may be cited as the “Mangrove Trimming and Preservation Act.” History.—s. 1, ch. 95-299.
403.9322 Legislative findings.— (1) The Legislature finds that there are over 555,000 acres of mangroves now existing in Florida. Of this total, over 80 percent are under some form of government or private ownership or control and are expressly set aside for preservation or conservation purposes. (2) The Legislature finds that mangroves play an important ecological role as […]
403.9323 Legislative intent.— (1) It is the intent of the Legislature to protect and preserve mangrove resources valuable to our environment and economy from unregulated removal, defoliation, and destruction. (2) It is the intent of the Legislature that no trimming or alteration of mangroves may be permitted on uninhabited islands which are publicly owned or on lands set […]
403.9324 Mangrove protection rule; delegation of mangrove protection to local governments.— (1) Sections 403.9321-403.9333 and any lawful regulations adopted by a local government that receives a delegation of the department’s authority to administer and enforce the regulation of mangroves as provided by this section shall be the sole regulations in this state for the trimming and alteration […]
403.9325 Definitions.—For the purposes of ss. 403.9321-403.9333, the term: (1) “Alter” means anything other than trimming of mangroves. (2) “Local government” means a county or municipality. (3) “Mangrove” means any specimen of the species Laguncularia racemosa (white mangrove), Rhizophora mangle (red mangrove), or Avicennia germinans (black mangrove). (4) “Mangroves on lands that have been set aside as mitigation” means mangrove […]
403.9326 Exemptions.— (1) The following activities are exempt from the permitting requirements of ss. 403.9321-403.9333 and any other provision of law if no herbicide or other chemical is used to remove mangrove foliage: (a) Mangrove trimming in riparian mangrove fringe areas that meet the following criteria: 1. The riparian mangrove fringe must be located on lands owned or controlled […]
403.9327 General permits.— (1) The following general permits are created for the trimming of mangroves that do not qualify for an exemption provided by s. 403.9326: (a) A general permit to trim mangroves for riparian property owners, if: 1. The trimming is conducted in an area where the department has not delegated the authority to regulate mangroves to a […]
403.93271 Applicability to multifamily residential units.— (1) When trimming under s. 403.9327(1)(a) occurs on property developed for multifamily residential use, the 65-percent shoreline trimming limit must be equitably distributed so that each owner’s riparian view is similarly affected. (2) If it is necessary to trim more than 65 percent of the mangroves along the shoreline in order to […]
403.9328 Alteration and trimming of mangroves; permit requirement.— (1) A person may not alter or trim, or cause to be altered or trimmed, any mangrove within the landward extent of wetlands and other surface waters, as defined in chapter 62-340.200(19), Florida Administrative Code, using the methodology in s. 373.4211 and chapter 62-340, Florida Administrative Code, when the […]
403.9329 Professional mangrove trimmers.— (1) For purposes of ss. 403.9321-403.9333, the following persons are considered professional mangrove trimmers: (a) Certified arborists, certified by the International Society of Arboriculture; (b) Professional wetland scientists, certified by the Society of Wetland Scientists; (c) Certified environmental professionals, certified by the Academy of Board Certified Environmental Professionals; (d) Certified ecologists certified by the Ecological Society of […]
403.9331 Applicability; rules and policies.— (1) The regulation of mangrove protection under ss. 403.9321-403.9333 is intended to be complete and effective without reference to or compliance with other statutory provisions. (2) Any rule or policy applicable to permits provided for by s. 403.9327 or s. 403.9328 which establishes a standard applicable to mangrove trimming or alteration is invalid […]
403.9332 Mitigation and enforcement.— (1)(a) Any area in which 5 percent or more of the trimmed mangrove trees have been trimmed below 6 feet in height, except as provided in s. 403.9326(1)(c), (d), (f), (g), and (h), destroyed, defoliated, or removed as a result of trimming conducted under s. 403.9326 or s. 403.9327 must be restored or […]
403.9333 Variance relief.—Upon application, the department or delegated local government may grant a variance from the provisions of ss. 403.9321-403.9333 if compliance therewith would impose a unique and unnecessary hardship on the owner or any other person in control of the affected property. Relief may be granted upon demonstration that such hardship is not self-imposed and […]
403.9334 Effect of ch. 96-206.—Nothing in chapter 96-206, Laws of Florida, shall invalidate any permit or order related to mangrove activities which has been approved by the department or any other governmental entity, nor shall it affect any application for permits related to mangrove activities deemed sufficient and substantially complete prior to July 1, 1996. History.—s. […]
