11-22-21 Handout - Mayor Glasser 'Sy1J�JjJ�i ,,.
CITY OF ATLANTIC BEACH
'2;1OFFICE OF THE MAYOR
s1 800 SEMINOLE ROAD
J ATLANTIC BEACH, FLORIDA 32233-5455
www.coab.us
November 22, 2021
Honorable Clay Yarborough
Florida House of Representatives
Chairman, Duval County Legislative Delegation
Jacksonville, FL
Re: Legislative Priority -Tree Protection
City of Atlantic Beach
Dear Chairman Yarborough:
Thank you for your past service as Chairman of the Duval Delegation and for engaging faithfully
in dialogue about issues of importance for Duval County. Attached is a tree protection resolution
for approval by the Atlantic Beach Commission on November 22, 2021.
We ask for your support, and that of the Duval County delegation, for state legislation to close
loopholes and create standards in current law exemptions from municipal tree ordinances that
we believe have and are causing litigation and abuses. In particular, we support the language of
Senate Bill 518 that would amend Section 163.045, F.S., enacted in 2019.
Since this state law was enacted, cities like Atlantic Beach have watched as some tree service
companies have descended into our residential neighborhoods, going door to door, making
broad assertions about what presents a danger, and offering immediate removal of apparently
healthy trees. This has caused angst, confusion, and misinformation amongst our residents, and
clearly conflicts with our municipal tree ordinance. By the time many of these cases reach our
radar, and the letter prescribed in the statute is requested, mature trees are cut down and gone
forever. Abuse of the existing state law runs afoul of our established mechanisms for tree
removal, through mitigation, that are designed to preserve our tree canopy.
We are seeing the current statute being cited more and more frequently. In one such example, a
case has been pending before our Special Magistrate for several months, and we, along with
many residents, are watching it closely. With assurances from a tree service company, new
buyers removed twenty trees from their residential property in August 2020, and they were later
advised by the City that they needed an after-the-fact permit. Now, more than a year after the
trees were cut down, through their attorney, the homeowners have presented the City with a
declaration from a landscape architect that the majority of these trees presented a danger at the
time they were cut. The architect appears not to have inspected the trees in advance or onsite.
Photographs are attached to this letter.
Clearer statutory language can accomplish the desired intent to serve those property owners
who need to remove dead and imminently precarious trees, whether by storm, age, or other
circumstance. Of course, if a homeowner seeks to redevelop or accommodate a driveway or
landscaping plan, we are more than happy to help them permit such work, under our City code.
Amendments, like those offered in SB 518 - to require onsite inspection by a qualified
professional and to define danger in terms of tree risk assessment standards- will go a long way
to prevent abuses, protect our tree canopy, and recognize that cities can better regulate this
locally.
If you have any questions, please contact me at eglasser@coab.us, or by phone at (904) 472-
6262.
Sincer-ly,
//
Ellen Glasser
Mayor, City of Atlantic Beach
Tree City USA
Attachment (1)
cc:
Delegation Vice-Chair Rep. Cord Byrd
Senate President Pro Tempore Aaron Bean
Sen. Audrey Gibson
Rep. Tracie Davis
Rep. Wyman Duggan
Rep. Jason Fischer
Rep. Angie Nixon
Example of Loophole under Current Tree Cutting Statute
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Residence before tree cutting-Atlantic Beach, circa July 2020
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Twenty trees cut in one day Atlantic Beach, •circa August 2020
Agenda Item#8.0.
22 Nov 2021
RESOLUTION NO.21-62
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, SUPPORTING STATE LEGISLATION TO CLOSE LOOPHOLES AND CREATE
STANDARDS IN CURRENT LAW EXEMPTIONS FROM MUNICIPAL TREE ORDINANCES
THAT HAVE CAUSED LITIGATION AND ABUSES,INCLUDING THE CLEAR-CUTTING OF
LAND PRE-DEVELOPMENT AND THE REMOVAL OF HEALTHY TREES THAT PRESENT
LITTLE,IF ANY,RISK TO PERSONS OR STRUCTURES;DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA GOVERNOR,THE CITY OF
JACKSONVILLE, THE FLORIDA LEAGUE OF CITIES, AND THE DUVAL COUNTY
DELEGATION OF THE FLORIDA LEGISLATURE,FOR DISTRIBUTION;PROVIDING FOR
CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the continued protection and maintenance of healthy Florida tree canopies is beneficial for habitat,
climate adaptation and mitigation,stormwater management,quality of life,and community character;and
WHEREAS, the City of Atlantic Beach and many other Florida communities utilize tree-protection codes to
define their communities'character and standards of life,and local governments should be restored local controls to protect
these invaluable natural resources;and
WHEREAS,under Section 163.045,Florida Statutes,which was created in 2019 after several hurricanes caused
extensive vegetation damage,local governments may not require a notice,application,approval,permit,fee or mitigation
for the pruning,trimming or removal of a tree on residential property if the owner obtains documentation from an arborist
or a Florida-licensed landscape architect that the tree presents a danger to persons or property;and
WHEREAS, this law has left local governments powerless in policing bad actors and caused unnecessary
problems for both municipalities and developers;and,
WHEREAS, current law should be amended to apply only to developed single-family residential property,
identify industry-appropriate standards for assessing tree risk and identify necessary documentation;and
WHEREAS,further,key terms in the 2019 law are vague and undefined,which has led to conflict and litigation,
specifically"danger,""residential property"and"documentation."Section 163,045, Florida Statutes,should be clarified
to remove these ambiguities and define these key terms;and
WHEREAS, local government is more closely connected to their residents' wishes and needs than the state
government, and as such, should be restored the ability to adopt regulations that reflect the values of their respective
communities and the desires of their residents;and
WHEREAS,the City of Atlantic Beach seeks to preserve and protect home rule authority for Atlantic Beach and
other Florida communities;and
WHEREAS,along with Florida League of Cities,the City of Atlantic Beach supports State legislation to close
loopholes and create standards in current law exemptions from municipal tree ordinances that have caused litigation and
abuses,including the clear-cutting of land pre-development and the removal of healthy trees that present little,if any,risk
to persons or structures.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach,Florida:
Section 1. That the City Commission of the City of Atlantic Beach supports State legislation to close loopholes
and create standards in current law exemptions from municipal tree ordinances that have caused litigation and abuses,
including the clear-cutting of land pre-development and the removal of healthy trees that present little, if any, risk to
persons or structures.
Page 68 of 150
Agenda Item#8.B.
22 Nov 2021
Section 2.That the City Commission directs the City Clerk to transmit a copy of this Resolution to the Florida
Governor, the City of Jacksonville, the Florida League of Cities, and the Duval County delegation of the Florida
Legislature,for distribution.
Section 3.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of
such conflict.
Section 4.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,this 22"'day of November,
2021.
Ellen Glasser,Mayor
Attest:
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Brenna M.Durden,City Attorney
Resolution No.21-62 page 2 of 2
Page 69 of 150