Resolution No. 19-67RESOLUTION NO. 19-67
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, STRONGLY ENCOURAGING THE FLORIDA LEGISLATURE TO REPEAL
ITS PREEMPTION OF LOCAL LAWS REGULATING THE TRIMMING AND
REMOVAL OF TREES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach recognizes that the City's extraordinary
tree canopy creates beauty, provides a home for wildlife, functions as an element of the water management system
and enhances property values; and
WHEREAS, the City Commission further recognizes that it is in the community's best interest for the
City to be stewards of the tree canopy through advocacy, assessment, maintenance, planting and preservation of
this natural resource; and
WHEREAS, home rule powers, the foundation upon which municipalities build their governmental
structure, is regularly attacked within the Florida Legislature.
WHEREAS, in 2019, the Florida Legislature undermined the principle of home rule by adopting House
Bill 1159, since codified in Florida Statutes, Section 163.045, imposing restrictions on enforcement of local
government tree ordinances; and
WHEREAS, Florida Statutes, Section 163.045, provides that a local government may not enforce its tree
requirements regarding the trimming or removal of a tree if the property owner obtains documentation from an
arborist or a licensed landscape architect that the tree presents a danger to persons or property; and
WHEREAS, further, Florida Statutes, Section 163.045, prohibits a local government from requiring the
property owner to replant a tree that was removed under such circumstances.
WHEREAS, because there is no prevailing state interest, tree protection can and should be addressed
locally; and
WHEREAS, the City Commission desires for the Florida Legislature to repeal any state laws that preempt
local governments from enacting regulations pertaining to tree trimming and removal.
NOW, THEREFORE, BE IT RESOLVED by the Atlantic Beach City Commission:
Section 1. The City Commission strongly encourages the Florida Legislature to repeal its preemption in
Florida Statutes, Section 163.045, of local laws regulating the trimming and removal of trees.
Section 2. This Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED by the City of Atlantic Beach, this 9th day of December 2019.
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenn . Durde , ity Attorney
7 Cly
lasser, Mayor