Bill Text: FL S0518 | 2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Private Property Rights to Prune, Trim, and Remove Trees

Spectrum: Bipartisan Bill

Status: (Passed) 2022-05-19 - Chapter No. 2022-121 [S0518 Detail]

Download: Florida-2022-S0518-Introduced.html

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       Florida Senate - 2022                                     SB 518
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-00555-22                                             2022518__
    1                        A bill to be entitled                      
    2         An act relating to residential home protection;
    3         amending s. 163.045, F.S.; defining terms; revising
    4         conditions under which a local government may not
    5         require a notice, application, approval, permit, fee,
    6         or mitigation for the pruning, trimming, or removal of
    7         a tree on a residential property; specifying when a
    8         tree poses an unacceptable risk; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 163.045, Florida Statutes, is amended to
   14  read:
   15         163.045 Tree pruning, trimming, or removal on residential
   16  property.—
   17         (1) As used in this section, the term:
   18         (a) “Documentation” means an onsite assessment performed by
   19  an arborist certified by the International Society of
   20  Arboriculture (ISA) or a registered landscape architect licensed
   21  under part II of chapter 481 in accordance with tree risk
   22  assessment processes and guidelines established by the ISA, the
   23  American National Standards Institute (ANSI), or the
   24  International Organization for Standardization and signed by the
   25  certified arborist or registered landscape architect.
   26         (b) “Residential property” means an existing single-family,
   27  detached building located on an existing lot of record, actively
   28  used for single-family residential purposes, and which is either
   29  an existing conforming use or a legally recognized nonconforming
   30  use in accordance with the local jurisdiction’s applicable land
   31  development regulations.
   32         (2) A local government may not require a notice,
   33  application, approval, permit, fee, or mitigation for the
   34  pruning, trimming, or removal of a tree on a residential
   35  property if the property owner possesses obtains documentation
   36  from an arborist certified by the ISA International Society of
   37  Arboriculture or a registered Florida licensed landscape
   38  architect licensed under part II of chapter 481 that the tree
   39  poses an unacceptable risk presents a danger to persons or
   40  property. A tree poses an unacceptable risk if removal is the
   41  only means of practically mitigating its risk below moderate, as
   42  defined by the ANSI A300 (Part 9)—2017 tree risk assessment
   43  standards, using a 2-year timeframe.
   44         (3)(2) A local government may not require a property owner
   45  to replant a tree that was pruned, trimmed, or removed in
   46  accordance with this section.
   47         (4)(3) This section does not apply to the exercise of
   48  specifically delegated authority for mangrove protection
   49  pursuant to ss. 403.9321-403.9333.
   50         Section 2. This act shall take effect July 1, 2022.