Resolution No. 21-08RESOLUTION NO. 21-08
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, SUPPORTING FLORIDA SENATE BILL 596
AND COMPANION HOUSE BILL 6023, WHICH WOULD REPEAL FLORIDA
STATUTE 163.045 TO ENABLE LOCAL GOVERNMENTS TO REGULATE
MATTERS RELATING TO TREES LOCATED ON RESIDENTIAL
PROPERTIES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Florida Senator Linda Stewart and Representative Anna V. Eskamani are
leading the effort to repeal a state preemption of local ordinances related to trees located on
residential properties; and
WHEREAS, Senator Stewart's Senate Bill 596 and Representative Eskamani's House Bill
6023 would repeal Section 163.045, Florida Statues, and restore the rights of local governments
related to pruning, trimming, or removal of trees on residential property; and
WHEREAS, Section 163.045, adopted by the Florida Legislature in 2019, advocated a way
to protect residential property owners' rights, and arose after local controversies occurred in several
places in the state related to removal and trimming of trees; 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, local county and city governments are 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 local governments.
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 Senate Bill
596 and House Bill 6023, which would repeal Section 163.045, Florida Statutes, preempting local
regulation affecting trees located on residential properties.
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repealed to the extent of such conflict.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
8th day
of February, 2021.
6-((/
El n Glasser, Mayor
Attest:
i/krze
Donna L. Bartle, City Clerk
Approved as to form and correctness:
D cdenBrpnna)vl City Attorney
Resolution No. 21-08 page 2 of 2