Florida Senate - 2021                                     SB 916
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-00968A-21                                            2021916__
    1                        A bill to be entitled                      
    2         An act relating to residential home protection;
    3         amending s. 163.045, F.S.; defining terms; prohibiting
    4         local governments from requiring a notice,
    5         application, approval, permit, fee, or mitigation for
    6         the pruning, trimming, or removal of a tree on a
    7         residential property if the property owner possesses
    8         certain documentation; providing that a tree poses an
    9         unacceptable risk if removal is the only means of
   10         practically mitigating its risk below moderate as
   11         defined by specified standards; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 163.045, Florida Statutes, is amended to
   17  read:
   18         163.045 Tree pruning, trimming, or removal on residential
   19  property.—
   20         (1) For purposes of this section, the term:
   21         (a) “Documentation” means an onsite assessment performed by
   22  an arborist certified by the International Society of
   23  Arboriculture (ISA) or a Florida licensed landscape architect in
   24  accordance with tree risk assessment processes and guidelines
   25  established by the ISA, the American National Standards
   26  Institute (ANSI), or the International Organization for
   27  Standardization and signed by the certified arborist or licensed
   28  landscape architect.
   29         (b) “Residential property” means an existing single-family,
   30  detached building located on an existing lot of record, actively
   31  used for single-family residential purposes, and which is either
   32  an existing conforming use or a legally recognized nonconforming
   33  use in accordance with the local jurisdiction’s applicable land
   34  development regulations.
   35         (2) A local government may not require a notice,
   36  application, approval, permit, fee, or mitigation for the
   37  pruning, trimming, or removal of a tree on a residential
   38  property if the property owner possesses obtains documentation
   39  from an arborist certified by the ISA International Society of
   40  Arboriculture or a Florida licensed landscape architect that the
   41  tree poses an unacceptable risk presents a danger to persons or
   42  property. A tree poses an unacceptable risk if removal is the
   43  only means of practically mitigating its risk below moderate, as
   44  defined by the ANSI A300 (Part 9)—2017 tree risk assessment
   45  standards, using a 2-year timeframe.
   46         (3)(2) A local government may not require a property owner
   47  to replant a tree that was pruned, trimmed, or removed in
   48  accordance with this section.
   49         (4)(3) This section does not apply to the exercise of
   50  specifically delegated authority for mangrove protection
   51  pursuant to ss. 403.9321-403.9333.
   52         Section 2. This act shall take effect July 1, 2021.