nEw statE law rEstricts local govErnMEnt rEgulation of trEE rEMoval
Real Property, Probate & Trust law Section
Chairs:ElaineMcGinnis-LawOfficeofElaineMcGinnis,P.A.andKristinMorris-Shutts&Bowen
the new law
substantially constrains
local governments in
their fight to protect trees
E
on private property from
trimming, pruning, or
arlier this year, Governor
DeSantis signed into
law what is commonly
referred to as House Bill
1159, 1 which substantially limits
the ability of local governments
to regulate the trimming and
removal of trees on private
property effective July 1, 2019.
First, the law creates a new
Property Owner Bill of Rights.
Although this declaration of private
property rights does not create a
civil cause of action, it emphasizes
individuals’ rights to acquire, use,
enjoy and dispose of property, to
exclude others from it, to receive
just compensation when their
property is taken for public purpose
or when government regulations
unfairly affects their property, and
affirms their rights to due process. 2
More importantly, however, the
new law substantially constrains
local governments in their fight to
protect trees on private property
from trimming, pruning, or removal
by landowners, by prohibiting local
governments from stopping such
actions so long as those landowners
obtain documentation that the tree
presents a danger to person or
property from a licensed arborist. 3
This new law also prevents local
governments from requiring
property owners to replant new
removal by landowners.
trees after removing an old tree.
Similarly, the law amends an
existing statutory provision 4 to now
prevent local governments from
requiring utility companies to
obtain special municipal approval
to trim, prune, or remove trees
as part of right-of-way tree
maintenance procedures.
Historically, local governments
have enjoyed extensive power to
regulate the trimming and removal
of trees within their municipalities.
For example, citing a concern for
maintaining sufficient canopy
cover and preserving the city’s tree
population, the City of Tampa
has previously passed ordinances
restricting the ability to trim and
remove trees on their land. Tampa’s
regulations require homeowners
and developers to go through what
can be an extensive permitting
process before they can remove
trees. The City has similarly
adopted rules requiring property
owners to replant new trees after
removing an old tree with a trunk
in excess of a certain diameter.
The new law’s restrictions on local
governments will likely limit the
scope of these and other city tree
ordinances and make it much easier
for property owners to trim and
remove trees on their land.
The new law may also have more
general implications for home rule:
the principle in Florida that local
governments can adopt their own
ordinances and regulations on any
issue in the absence of any state
law specifying otherwise. By limiting
local government authority to
regulate homeowner tree removal
and control local tree populations,
the new law may lead to an erosion
of other local government powers
and restrict the scope of home rule. n
Ch. 2019-
155, Laws. of Fla.
2 § 70.002, Fla.
Stat. (2019).
3 § 163.045,
Fla. Stat. (2019).
4 § 163.3209,
Fla. Stat. (2019).
1
Authors: Ryan
Divers, Summer
Associate from
Harvard Law
School, and Derek
Larsen-Chaney –
Phelps Dunbar
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NOV - DEC 2019
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HCBA LAWYER