Florida Senate - 2019 SB 1400 By Senator Albritton 26-01762A-19 20191400__ 1 A bill to be entitled 2 An act relating to private property rights; creating 3 s. 163.3214, F.S.; prohibiting certain local 4 government ordinances or regulations from requiring a 5 permit, application, notice, fee, or fine for certain 6 activities regarding trees on residential property; 7 prohibiting a local government from requiring a 8 property owner to replant a tree under certain 9 circumstances; creating s. 715.015, F.S.; establishing 10 a property owner bill of rights; requiring county 11 property appraisers to provide information regarding 12 the property owner bill of rights on the appraiser’s 13 website; providing that such bill of rights does not 14 provide a cause of action; providing an effective 15 date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 163.3214, Florida Statutes, is created 20 to read: 21 163.3214 Tree pruning, trimming, or removal on residential 22 property.— 23 (1) A local government may not enforce an ordinance or 24 regulation governing the pruning, trimming, or removal of trees 25 on residential property which requires a permit, an application, 26 the provision of notice, a fee, or a fine when either of the 27 following applies: 28 (a) The residential property is in a county that is subject 29 to a tropical storm watch or warning or a hurricane watch or 30 warning or is experiencing a tropical storm, a hurricane, or a 31 declared state of emergency, and the property owner has 32 determined that a tree on his or her property is damaged, 33 diseased, or pest-infested, or presents a danger to others or 34 property. 35 (b) The property owner has obtained from an arborist who is 36 certified by a certification program of the International 37 Society of Arboriculture proof that the tree is damaged, 38 diseased, or pest-infested, or presents a danger to others or 39 property. 40 (2) A local government may not require a property owner to 41 replant a tree that has been removed in accordance with this 42 section. 43 Section 2. Section 715.015, Florida Statutes, is created to 44 read: 45 715.015 Property owner bill of rights.—Each property 46 appraiser office shall provide on its website a property owner 47 bill of rights. The purpose of the bill of rights is to identify 48 certain existing rights afforded to property owners. The bill of 49 rights is not a comprehensive listing. The property owner bill 50 of rights does not create a civil cause of action. The property 51 owner bill of rights must state: 52 53 PROPERTY OWNER 54 BILL OF RIGHTS 55 This Bill of Rights does not represent all of 56 your rights under Florida law regarding your property 57 and should not be viewed as a comprehensive guide to 58 property rights. This document does not create a civil 59 cause of action and neither expands nor limits any 60 rights or remedies provided under any other law. This 61 document is not intended to replace the need to seek 62 legal advice in matters relating to property law. Laws 63 relating to your rights are found in the Florida 64 Constitution, the Florida Statutes, local ordinances, 65 and court decisions. 66 67 As a property owner, you have the following 68 rights and protections: 69 1. The right to acquire, possess, and protect 70 property. 71 2. The right to use and enjoyment of property. 72 3. The right to exclude others from property. 73 4. The right to dispose of property. 74 5. The right to due process. 75 6. The right to just compensation for property 76 taken for a public purpose. 77 7. The right to relief, or payment of 78 compensation, when a new law, rule, regulation, or 79 ordinance of the state or a political entity in the 80 state unfairly affects real property. 81 Section 3. This act shall take effect July 1, 2019.