Resolution No. 21-62 vRESOLUTION 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.
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"d day of November,
2021.
Ellen Glasser, Mayor
Attest:
An.).ut
Donna L. Bartle, City Clerk
Approved as to form and correctness:
5-13
Bre6 a . Durd Attorney
Resolution No. 21-62 page 2 of 2