6 Composite - FHOR HB 1159-021
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
IDA HOUSE OF REPRESENTATIVES
..AJLED
CS/HB 1159
2019 Legislature
An act relating to private property rights; creat :ng
s. 163.045, F.S.; prohibiting local governments from
✓ equiring notices, applications, approvals, permits,
fees, or mitigation for the pruning, trimming, or
✓ emoval of trees on residential property if a property
o wner obtains specified documentation; prohibiting
local governments from requiring property owners to
✓ eplant such trees; providing an exception for
mangrove protection actions; amending s. 163.3209,
F.S ; deleting a provision that authorizes electric
u tilities to perform certain right-of-way tree
maintenance only if a property owner has received
local government approval; creating s. 70.002, F.S.;
creating a Property Owner Bill of Rights; requiring
county property appraisers to provide specified
information on their websites; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 163.045, Florida Statutes, is created
to read:
163.045 Tree pruning, trimming, or removal on residential
property.—
Page 1 of 6
CODING: Words stricken are deletions; words underlined are additions.
hb1159-02-er
FLORIDA HOUSE OF REPRESENTATIVES
ENROLLED
CS/HB 1159 2019 Legislature
26 (1) A local government may not require a notice,
27 application, approval, permit, fee, or mitigation for the
28 pruning, trimming, or removal of a tree on residential property
29 if the property owner obtains documentation from an arborist
30 certified by the International Society of Arboriculture or a
31 Florida licensed landscape architect that the tree presents a
32 danger to persons or property.
33 (2) A local government may not require a property owner to
34 replant a tree that was pruned, trimmed, or removed in
35 accordance with this section.
36 (3) This section does not apply to the exercise of
37 specifically delegated authority for mangrove protection
38 pursuant to ss. 403.9321-403.9333.
39 Section 2. Section 163.3209, Florida Statutes, is amended
40 to read:
41 163.3209 Electric transmission and distribution line
42 right-of-way maintenance.—After a right-of-way for any electric
43 transmission or distribution line has been established and
44 constructed, no local government shall require or apply any
45 permits or other approvals or code provisions for or related to
46 vegetation maintenance and tree pruning or trimming within the
47 established right-of-way. The term "vegetation maintenance and
48 tree pruning or trimming" means the mowing of vegetation within
49 the right-of-way, removal of trees or brush within the right -of -
50 way, and selective removal of tree branches that extend within
Page 2 of 6
CODING: Words stricken are deletions; words underlined are additions.
hb1159-02-er
FLORIDA HOUSE OF REPRESENTATIVES
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
t NROLLED
CS/HB 1159 2019 Legislature
t he right-of-way. The provisions of this section do not include
t he removal of trees outside the right-of-way, which may be
allowed in compliance with applicable local ordinances. Prior to
conducting scheduled routine vegetation maintenance and tree
pruning or trimming activities within an established right-of-
way, the utility shall provide the official designated by the
local government with a minimum of 5 business days' advance
notice. Such advance notice is not required for vegetation
maintenance and tree pruning or trimming required to restore
e lectric service or to avoid an imminent vegetation -caused
o utage or when performed at the request of the property owner
adjacent to the right-of-way, pr vidcd that the wncr has
approval of the local govcrnmcnt, if nccdcd. Upon the request of
t he local government, the electric utility shall meet with the
local government to discuss and submit the utility's vegetation
maintenance plan, including the utility's trimming
specifications and maintenance practices. Vegetation maintenance
and tree pruning or trimming conducted by utilities shall
conform to ANSI A300 (Part 1)-2001 pruning standards and ANSI
2133.1-2000 Pruning, Repairing, Maintaining, and Removing Trees,
and Cutting Brush—Safety Requirements. Vegetation maintenance
and tree pruning or trimming conducted by utilities must be
supervised by qualified electric utility personnel or licensed
contractors trained to conduct vegetation maintenance and tree
t rimming or pruning consistent with this section or by Certified
Page 3 of 6
CODING: Words stricken are deletions; words underlined are additions.
hb1159-02-er
FLORIDA HOUSE OF REPRESENTATIVES
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
ENROLLED
CS/HB 1159 2019 Legislature
Arborists certified by the Certification Program of the
International Society of Arboriculture. A local government shall
n ot adopt an ordinance or land development regulation that
✓ equires the planting of a tree or other vegetation that will
achieve a height greater than 14 feet in an established electric
u tility right-of-way or intrude from the side closer than the
clearance distance specified in Table 2 of ANSI 2133.1-2000 for
lines affected by the North American Electric Reliability
Council Standard, FAC 003.1 requirement R1.2. This section does
n ot supersede or nullify the terms of specific franchise
agreements between an electric utility and a local government
and shall not be construed to limit a local government's
f ranchising authority. This section does not supersede local
g overnment ordinances or regulations governing planting,
pruning, trimming, or removal of specimen trees or historical
t rees, as defined in a local government's ordinances or
✓ egulations, or trees within designated canopied protection
areas. This section shall not apply if a local government
develops, with input from the utility, and the local government
adopts, a written plan specifically for vegetation maintenance,
t ree pruning, tree removal, and tree trimming by the utility
w ithin the local government's established rights-of-way and the
plan is not inconsistent with the minimum requirements of the
National Electrical Safety Code as adopted by the Public Service
Commission; provided, however, such a plan shall not require the
Page 4 of 6
CODING: Words stricken are deletions; words underlined are additions.
hb1159-02-er
FLORIDA HOUSE OF REPRESENTATIVES
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
E NROLLED
CS/HB 1159
2019 Legislature
planting of a tree or other vegetation that will achieve a
h eight greater than 14 feet in an established electric right-of-
w ay. Vegetation maintenance costs shall be considered
✓ ecoverable costs.
Section 3. Section 70.002, Florida Statutes, is created to
✓ ead:
70.002 Property Owner
Bill of Rights. -Each county property
appraiser office shall provide on its website a Property Owner
B ill of Rights. The purpose of the bill of rights is to identify
certain existing rights afforded to property
owners but is not a
comprehensive guide. The Property Owner Bill of Rights does not
create a civil cause of action. The Property Owner Bill of
Rights must state:
PROPERTY OWNER
BILL OF RIGHTS
This Bill of Rights does not represent all of your rights under
Florida law regarding your property and should not be viewed as
a comprehensive guide to property rights. This document does not
create a civil cause of action and neither expands nor limits
any rights or remedies provided under any other law. This
document does not replace the need to seek legal advice in
matters relating to property law. Laws relating to your rights
are found in the State Constitution, Florida Statutes, local
o rdinances, and court decisions. Your rights and protections
Page 5 of 6
CODING: Words stricken are deletions; words underlined are additions.
hb1159-02-er
FLORIDA HOUSE OF REPRESENTATIVES
126
127
128
129
130
131
132
133
134
135
136
137
138
ENROLLED
CS/HB 1159 2019 Legislature
include:
1. The right to acquire, possess, and protect your
property.
2. The right to use and enjoy your property.
3. The right to exclude others from your property.
4. The right to dispose of your property.
5. The right to due process.
6. The right to just compensation for property taken for a
public purpose.
7. The right to relief, or payment of compensation, when a
new law, rule, regulation, or ordinance of the state or a
political entity unfairly affects your property.
Section 4. This act shall take effect July 1, 2019.
Page 6 of 6
CODING: Words ctrickeri are deletions; words underlined are additions.
hb1159-02-er
Select Year:
The 2020 Florida Statutes
Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL
RELATIONS
163.045 Tree pruning, trimmin
Chapter 163
INTERGOVERNMENTAL
PROGRAMS
al on residential property.—
View Entire
Chapter
(1) A local government ma not require a notice, application, approval, permit, fee, or mitigation for the
pruning, trimming, or removal o a c -rc sential property if, the property owner obtains documentation from \'j,
an arhorist certifi.ed_by he International Society of Arboriculture or a Florida licensed landscape architect that the ��
tree presents a danger to persons or property.
(2) A local government may not require a property owner to replant a tree that was pruned, trimmed, or
removed in accordance with this section.
(3) This section does not apply to the exercise of specifically delegated authority for mangrove protection
pursuant to ss. 403.9321-403.9333.
History.—s. 1, ch. 2019-155
Copyright
1995-2021 The Florida Legislature • Privacy Statement • Contact Us
The Florida House of Representatives
ort-R:e of the Speaker
MEMORANDUM
To:
From.
Date:
Re:
Licensed Professionals
Jose R. Oliva, Speaker
Florida House of Representatives
January 10, 2020
Private Property Rights, Chapter 2019-155, Laws of Florida
I
As you serve your clients, you may have encountered local government standing in you way or
threatening sanctions or even levying fines for simply doing what you know, in your tr .ning and
experience, to be the correct thing to do.
Those days are over.
Please take note of legislation passed in the 2019 session and signed into law by Gover
DeSantis. CS/HB 1159 prohibits a local government from requiring a notice, applicati
approval, permit fee, or mitigation for the pruning, trimming, or removal of a tree on r
property when an arborist or landscape architect documents that the tree presents a dan
persons or property.
or Ron
side~itial
Ter to
Recently I reached out to local officials to urge them to review any local ordinances tilat niay
limit property owners' ability to remove or prune trees. I also advised them that conttr'i ed
enforcement of such regulations may constitute illegal restrictions.
If you are aware of specific cases of local government actions restricting the free exergqise of
property owners' rights as specified in CS/HB 1159, please contact our office. We will be happy
to try to assist you in resolving any instance of illegal enforcement.
Thank you for your attention to this important issue.
420 The Capitol, 402 South Monroe Street, TALLAHASSEE, FL 32399-1300