HB 1555 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1555-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to private property rights to prune, 2
trim, and remove trees; amending s. 163.045, F.S.; 3
defining terms; prohibiting local governments from 4
requiring a notice, application, approval, permit, 5
fee, or mitigation for the pruning, trimming, or 6
removal of a tree on a residential property if the 7
property owner possesses certain documentation; 8
providing that a tree poses an unacceptable risk if 9
removal is the only means of practically mitigating 10
its risk below moderate as determined by specified 11
procedures; providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Section 163.045, Florida Statutes, is amended 16
to read: 17
163.045 Tree pruning, trimming, or removal on residential 18
property.— 19
(1) For purposes of this section, the term: 20
(a) "Documentation" means an onsite assessment performed 21
in accordance with the tree risk assessment procedures outlined 22
in Best Management Practices - Tree Risk Assessment, Second 23
Edition (2017) by an arborist certified by the International 24
Society of Arboriculture (ISA) or a Florida licensed landscape 25
HB 1555 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1555-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
architect and signed by the certified arborist or licensed 26
landscape architect. 27
(b) "Residential property" means a single -family, detached 28
building located on a lot that is actively used for single -29
family residential purposes and that is either a conforming use 30
or a legally recognized nonconforming use in accordance with th e 31
local jurisdiction's applicable land 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 o wner possesses obtains documentation 36
from an arborist certified by the ISA International Society of 37
Arboriculture or a Florida licensed landscape architect that the 38
tree poses an unacceptable risk presents a danger to persons or 39
property. A tree poses an unacceptable risk if removal is the 40
only means of practically mitigating its risk below moderate, as 41
determined by the tree risk assessment procedures outlined in 42
Best Management Practices - Tree Risk Assessment, Second Edition 43
(2017). 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
HB 1555 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1555-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. This act shall take effect July 1, 2022. 51