Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 518
       
       
       
       
       
       
                                Ì302086*Î302086                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/19/2022           .                                
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       The Committee on Community Affairs (Brodeur) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 163.045, Florida Statutes, is amended to
    6  read:
    7         163.045 Tree pruning, trimming, or removal on residential
    8  property.—
    9         (1) For purposes of this section, the term:
   10         (a) “Documentation” means an onsite assessment performed in
   11  accordance with the tree risk assessment procedures outlined in
   12  Best Management Practices - Tree Risk Assessment, Second Edition
   13  (2017) by an arborist certified by the International Society of
   14  Arboriculture (ISA) or a Florida licensed landscape architect
   15  and signed by the certified arborist or licensed landscape
   16  architect.
   17         (b) “Residential property” means a single-family, detached
   18  building located on a lot that is actively used for single
   19  family residential purposes and that is either a conforming use
   20  or a legally recognized nonconforming use in accordance with the
   21  local jurisdiction’s applicable land development regulations.
   22         (2) A local government may not require a notice,
   23  application, approval, permit, fee, or mitigation for the
   24  pruning, trimming, or removal of a tree on a residential
   25  property if the property owner possesses obtains documentation
   26  from an arborist certified by the ISA International Society of
   27  Arboriculture or a Florida licensed landscape architect that the
   28  tree poses an unacceptable risk presents a danger to persons or
   29  property. A tree poses an unacceptable risk if removal is the
   30  only means of practically mitigating its risk below moderate, as
   31  determined by the tree risk assessment procedures outlined in
   32  Best Management Practices - Tree Risk Assessment, Second Edition
   33  (2017).
   34         (3)(2) A local government may not require a property owner
   35  to replant a tree that was pruned, trimmed, or removed in
   36  accordance with this section.
   37         (4)(3) This section does not apply to the exercise of
   38  specifically delegated authority for mangrove protection
   39  pursuant to ss. 403.9321-403.9333.
   40         Section 2. This act shall take effect July 1, 2022.
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43  And the title is amended as follows:
   44         Delete everything before the enacting clause
   45  and insert:
   46                        A bill to be entitled                      
   47         An act relating to private property rights to prune,
   48         trim, and remove trees; amending s. 163.045, F.S.;
   49         defining terms; revising conditions under which a
   50         local government may not require a notice,
   51         application, approval, permit, fee, or mitigation for
   52         the pruning, trimming, or removal of a tree on
   53         residential property; specifying when a tree poses an
   54         unacceptable risk; providing an effective date.