NOTICE IS HEREBY GIVEN that the Florida Department of Environmental Protection has received the petition for declaratory statement from Clam Bayou Neighbors’ Association and Mr. Ralph Clark on June 6, 2011. The petition has been assigned OGC Case No. 11-0850. The petition seeks the agency's opinion as to the applicability of Chapter 120 of the Florida Statutes to the City of Sanibel’s administration of the Mangrove Trimming and Preservation Act codified at Sections 403.9321-403.9333, Florida Statutes, as it applies to the petitioner.
The Department delegated administration of the Mangrove Trimming and Preservation Act to the City of Sanibel in accordance with Section 403.9324, Florida Statutes, and an order of delegation dated November 21, 1995. The petitioners seek an opinion as to whether Chapter 120, Florida Statutes, applies to the City of Sanibel’s administration of the Mangrove Trimming and Preservation Act under the order of delegation. The petition further requests that the Department revoke the delegation to the City of Sanibel if it does not conduct its mangrove program in accordance with Chapter 120, Florida Statutes.
A copy of the Petition for Declaratory Statement may be obtained by contacting: Stacey Cowley, Florida Department of Environmental Protection, Office of General Counsel, 3900 Commonwealth Blvd., M.S. 35, Tallahassee, Florida 32399-3000, telephone (850)245-2219 or e-mail: stacey.cowley@dep.state.fl.us.