Florida 2022 Regular Session

Florida House Bill H1555 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1555 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to private property rights to prune, 2
16	16	trim, and remove trees; amending s. 163.045, F.S.; 3
17	17	defining terms; prohibiting local governments from 4
18	18	requiring a notice, application, approval, permit, 5
19	19	fee, or mitigation for the pruning, trimming, or 6
20	20	removal of a tree on a residential property if the 7
21	21	property owner possesses certain documentation; 8
22	22	providing that a tree poses an unacceptable risk if 9
23	23	removal is the only means of practically mitigating 10
24	24	its risk below moderate as determined by specified 11
25	25	procedures; providing an effective date. 12
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27	27	Be It Enacted by the Legislature of the State of Florida: 14
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29	29	Section 1. Section 163.045, Florida Statutes, is amended 16
30	30	to read: 17
31	31	163.045 Tree pruning, trimming, or removal on residential 18
32	32	property.— 19
33	33	(1) For purposes of this section, the term: 20
34	34	(a) "Documentation" means an onsite assessment performed 21
35	35	in accordance with the tree risk assessment procedures outlined 22
36	36	in Best Management Practices - Tree Risk Assessment, Second 23
37	37	Edition (2017) by an arborist certified by the International 24
38	38	Society of Arboriculture (ISA) or a Florida licensed landscape 25
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40	40	HB 1555 2022
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	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
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51	51	architect and signed by the certified arborist or licensed 26
52	52	landscape architect. 27
53	53	(b) "Residential property" means a single -family, detached 28
54	54	building located on a lot that is actively used for single -29
55	55	family residential purposes and that is either a conforming use 30
56	56	or a legally recognized nonconforming use in accordance with th e 31
57	57	local jurisdiction's applicable land development regulations. 32
58	58	(2) A local government may not require a notice, 33
59	59	application, approval, permit, fee, or mitigation for the 34
60	60	pruning, trimming, or removal of a tree on a residential 35
61	61	property if the property o wner possesses obtains documentation 36
62	62	from an arborist certified by the ISA International Society of 37
63	63	Arboriculture or a Florida licensed landscape architect that the 38
64	64	tree poses an unacceptable risk presents a danger to persons or 39
65	65	property. A tree poses an unacceptable risk if removal is the 40
66	66	only means of practically mitigating its risk below moderate, as 41
67	67	determined by the tree risk assessment procedures outlined in 42
68	68	Best Management Practices - Tree Risk Assessment, Second Edition 43
69	69	(2017). 44
70	70	(3)(2) A local government may not require a property owner 45
71	71	to replant a tree that was pruned, trimmed, or removed in 46
72	72	accordance with this section. 47
73	73	(4)(3) This section does not apply to the exercise of 48
74	74	specifically delegated authority for mangrove protection 49
75	75	pursuant to ss. 403.9321-403.9333. 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	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
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88	88	Section 2. This act shall take effect July 1, 2022. 51