ENROLLED 2022 Legislature CS for SB 518 2022518er 1 2 An act relating to private property rights to prune, 3 trim, and remove trees; amending s. 163.045, F.S.; 4 defining terms; revising conditions under which a 5 local government may not require a notice, 6 application, approval, permit, fee, or mitigation for 7 the pruning, trimming, or removal of a tree on 8 residential property; specifying when a tree poses an 9 unacceptable risk; providing an 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: 15 163.045Tree pruning, trimming, or removal on residential 16 property. 17 (1)For purposes of this section, the term: 18 (a)Documentation means an onsite assessment performed in 19 accordance with the tree risk assessment procedures outlined in 20 Best Management Practices - Tree Risk Assessment, Second Edition 21 (2017) by an arborist certified by the International Society of 22 Arboriculture (ISA) or a Florida licensed landscape architect 23 and signed by the certified arborist or licensed landscape 24 architect. 25 (b)Residential property means a single-family, detached 26 building located on a lot that is actively used for single 27 family residential purposes and that is either a conforming use 28 or a legally recognized nonconforming use in accordance with the 29 local jurisdictions applicable land development regulations. 30 (2)A local government may not require a notice, 31 application, approval, permit, fee, or mitigation for the 32 pruning, trimming, or removal of a tree on a residential 33 property if the property owner possesses obtains documentation 34 from an arborist certified by the ISA International Society of 35 Arboriculture or a Florida licensed landscape architect that the 36 tree poses an unacceptable risk presents a danger to persons or 37 property. A tree poses an unacceptable risk if removal is the 38 only means of practically mitigating its risk below moderate, as 39 determined by the tree risk assessment procedures outlined in 40 Best Management Practices - Tree Risk Assessment, Second Edition 41 (2017). 42 (3)(2)A local government may not require a property owner 43 to replant a tree that was pruned, trimmed, or removed in 44 accordance with this section. 45 (4)(3)This section does not apply to the exercise of 46 specifically delegated authority for mangrove protection 47 pursuant to ss. 403.9321-403.9333. 48 Section 2.This act shall take effect July 1, 2022.