Bill Amendment: FL S0518 | 2022 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Private Property Rights to Prune, Trim, and Remove Trees
Status: 2022-05-19 - Chapter No. 2022-121 [S0518 Detail]
Download: Florida-2022-S0518-Senate_Committee_Amendment_302086.html
Bill Title: Private Property Rights to Prune, Trim, and Remove Trees
Status: 2022-05-19 - Chapter No. 2022-121 [S0518 Detail]
Download: Florida-2022-S0518-Senate_Committee_Amendment_302086.html
Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. SB 518 Ì302086*Î302086 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Brodeur) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 163.045, Florida Statutes, is amended to 6 read: 7 163.045 Tree pruning, trimming, or removal on residential 8 property.— 9 (1) For purposes of this section, the term: 10 (a) “Documentation” means an onsite assessment performed in 11 accordance with the tree risk assessment procedures outlined in 12 Best Management Practices - Tree Risk Assessment, Second Edition 13 (2017) by an arborist certified by the International Society of 14 Arboriculture (ISA) or a Florida licensed landscape architect 15 and signed by the certified arborist or licensed landscape 16 architect. 17 (b) “Residential property” means a single-family, detached 18 building located on a lot that is actively used for single 19 family residential purposes and that is either a conforming use 20 or a legally recognized nonconforming use in accordance with the 21 local jurisdiction’s applicable land development regulations. 22 (2) A local government may not require a notice, 23 application, approval, permit, fee, or mitigation for the 24 pruning, trimming, or removal of a tree on a residential 25 property if the property owner possessesobtainsdocumentation 26 from an arborist certified by the ISAInternational Society of27Arboricultureor a Florida licensed landscape architect that the 28 tree poses an unacceptable riskpresents a dangerto persons or 29 property. A tree poses an unacceptable risk if removal is the 30 only means of practically mitigating its risk below moderate, as 31 determined by the tree risk assessment procedures outlined in 32 Best Management Practices - Tree Risk Assessment, Second Edition 33 (2017). 34 (3)(2)A local government may not require a property owner 35 to replant a tree that was pruned, trimmed, or removed in 36 accordance with this section. 37 (4)(3)This section does not apply to the exercise of 38 specifically delegated authority for mangrove protection 39 pursuant to ss. 403.9321-403.9333. 40 Section 2. This act shall take effect July 1, 2022. 41 42 ================= T I T L E A M E N D M E N T ================ 43 And the title is amended as follows: 44 Delete everything before the enacting clause 45 and insert: 46 A bill to be entitled 47 An act relating to private property rights to prune, 48 trim, and remove trees; amending s. 163.045, F.S.; 49 defining terms; revising conditions under which a 50 local government may not require a notice, 51 application, approval, permit, fee, or mitigation for 52 the pruning, trimming, or removal of a tree on 53 residential property; specifying when a tree poses an 54 unacceptable risk; providing an effective date.