Florida Senate - 2023 SB 108 By Senator Rodriguez 40-00303-23 2023108__ 1 A bill to be entitled 2 An act relating to trees and vegetation within the 3 rights-of-way of certain roads and rail corridors; 4 amending s. 337.405, F.S.; providing that the 5 prohibition against the removal, cutting, marring, 6 defacing, or destruction of trees or other vegetation 7 in certain rights-of-way does not apply if the 8 Department of Transportation suspends such prohibition 9 pursuant to a declared state of emergency; requiring 10 the department to adopt guidelines for removal of 11 debris from certain emergencies; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1.Section 337.405, Florida Statutes, is amended to 17 read: 18 337.405Trees or other vegetation within rights-of-way of 19 State Highway System or publicly owned rail corridors; 20 prohibited acts; exceptions; penalties; debris removal 21 guidelines required removal or damage; penalty. 22 (1)The removal, cutting, marring, defacing, or destruction 23 of any trees or other vegetation, either by direct personal 24 action or by causing any other person to take such action, 25 within the rights-of-way of roads located on the State Highway 26 System or within publicly owned rail corridors is prohibited 27 unless one of the following applies: 28 (a)The department suspends this subsection pursuant to a 29 declaration of a state of emergency. 30 (b)The department grants Prior written permission before 31 the removal or cutting of to remove or cut such trees or other 32 vegetation. has been granted by the department, except where 33 (c)Normal tree trimming is required to ensure the safe 34 operation of utility facilities and such tree trimming is 35 performed in accordance with the provisions of the departments 36 its utility accommodations guide, and any subsequent amendments 37 thereto. The department shall adopt rules to implement for the 38 implementation of this paragraph section to achieve protection 39 of vegetation while at the same time assuring safe utility 40 operations. 41 (2)A Any person who violates the provisions of this 42 section is guilty of a misdemeanor of the second degree, 43 punishable as provided in s. 775.082 or s. 775.083. 44 (3)The department shall adopt guidelines related to the 45 removal process for debris from an emergency that is subject to 46 an emergency declaration, including, but not limited to, a 47 hurricane or a tropical storm. 48 Section 2.This act shall take effect July 1, 2023.