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.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 163.3214, Florida Statutes, is created
20 to read:
21 163.3214 Tree 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:
45 715.015 Property 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:
52
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.
66
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.