BILL SUMMARY DETAILS

Florida League of Cities

Residential Home Protection (Support) – PASSED 

CS/SB 518 (Brodeur) clarifies current law section 163.045, F.S., which provides that a local government may not require a notice, application, permit, fee, or mitigation for pruning, trimming, or removing a tree on a residential property if the owner obtains documentation from an arborist or licensed landscape architect that the tree presents a danger to persons or property. The bill defines “documentation” as an onsite assessment performed in accordance with tree risk assessment procedures outlined in Best Management Practices – Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture (ISA) or a Florida licensed landscape architect, and signed by the arborist or landscape architect. It defines “residential property” as a single-family, detached building located on a lot actively used for single-family residential purposes and that is either a conforming use or a legally recognized non-conforming use. The bill removes reference to the term “danger” and replaces it with the phrase “unacceptable risk”. It specifies a tree presents an unacceptable risk if removal is the only means of practically mitigating its risk before moderate, as determined by the tree risk assessment procedures outlined in the Best Management Practices – Tree Risk Assessment, Second Edition (2017). CS/SB 518 passed the Senate (38-0) and the House (116-1) and is awaiting action by the Governor. (O'Hara)