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.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Section 163.3214, Florida Statutes, is created
   20  to read:
   21         163.3214Tree 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         715.015Property 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:
   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.
   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.