Florida Senate - 2019                      CS for CS for SB 1400
       By the Committees on Judiciary; and Community Affairs; and
       Senator Albritton
       590-04031-19                                          20191400c2
    1                        A bill to be entitled                      
    2         An act relating to private property rights; amending
    3         s. 163.3209, F.S.; deleting a provision that
    4         authorizes electric utilities to perform certain
    5         right-of-way tree maintenance only if a property owner
    6         has received local government approval; creating s.
    7         163.3214, F.S.; prohibiting certain local government
    8         ordinances or regulations from requiring a permit,
    9         application, notice, fee, or fine for certain
   10         activities regarding trees on residential property;
   11         prohibiting a local government from authorizing the
   12         removal of certain trees during a specified time
   13         period; authorizing a local government to enforce
   14         ordinances or regulations pertaining to the replanting
   15         of trees under certain circumstances; providing
   16         applicability; creating s. 715.015, F.S.; establishing
   17         a property owner bill of rights; requiring each county
   18         property appraiser office to provide information
   19         regarding the property owner bill of rights on the
   20         appraiser’s website; providing that such bill of
   21         rights does not provide a cause of action; providing
   22         an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Section 163.3209, Florida Statutes, is amended
   27  to read:
   28         163.3209 Electric transmission and distribution line right
   29  of-way maintenance.—After a right-of-way for any electric
   30  transmission or distribution line has been established and
   31  constructed, no local government shall require or apply any
   32  permits or other approvals or code provisions for or related to
   33  vegetation maintenance and tree pruning or trimming within the
   34  established right-of-way. The term “vegetation maintenance and
   35  tree pruning or trimming” means the mowing of vegetation within
   36  the right-of-way, removal of trees or brush within the right-of
   37  way, and selective removal of tree branches that extend within
   38  the right-of-way. The provisions of this section do not include
   39  the removal of trees outside the right-of-way, which may be
   40  allowed in compliance with applicable local ordinances. Prior to
   41  conducting scheduled routine vegetation maintenance and tree
   42  pruning or trimming activities within an established right-of
   43  way, the utility shall provide the official designated by the
   44  local government with a minimum of 5 business days’ advance
   45  notice. Such advance notice is not required for vegetation
   46  maintenance and tree pruning or trimming required to restore
   47  electric service or to avoid an imminent vegetation-caused
   48  outage or when performed at the request of the property owner
   49  adjacent to the right-of-way, provided that the owner has
   50  approval of the local government, if needed. Upon the request of
   51  the local government, the electric utility shall meet with the
   52  local government to discuss and submit the utility’s vegetation
   53  maintenance plan, including the utility’s trimming
   54  specifications and maintenance practices. Vegetation maintenance
   55  and tree pruning or trimming conducted by utilities shall
   56  conform to ANSI A300 (Part I)—2001 pruning standards and ANSI
   57  Z133.1-2000 Pruning, Repairing, Maintaining, and Removing Trees,
   58  and Cutting Brush—Safety Requirements. Vegetation maintenance
   59  and tree pruning or trimming conducted by utilities must be
   60  supervised by qualified electric utility personnel or licensed
   61  contractors trained to conduct vegetation maintenance and tree
   62  trimming or pruning consistent with this section or by Certified
   63  Arborists certified by the Certification Program of the
   64  International Society of Arboriculture. A local government shall
   65  not adopt an ordinance or land development regulation that
   66  requires the planting of a tree or other vegetation that will
   67  achieve a height greater than 14 feet in an established electric
   68  utility right-of-way or intrude from the side closer than the
   69  clearance distance specified in Table 2 of ANSI Z133.1-2000 for
   70  lines affected by the North American Electric Reliability
   71  Council Standard, FAC 003.1 requirement R1.2. This section does
   72  not supersede or nullify the terms of specific franchise
   73  agreements between an electric utility and a local government
   74  and shall not be construed to limit a local government’s
   75  franchising authority. This section does not supersede local
   76  government ordinances or regulations governing planting,
   77  pruning, trimming, or removal of specimen trees or historical
   78  trees, as defined in a local government’s ordinances or
   79  regulations, or trees within designated canopied protection
   80  areas. This section shall not apply if a local government
   81  develops, with input from the utility, and the local government
   82  adopts, a written plan specifically for vegetation maintenance,
   83  tree pruning, tree removal, and tree trimming by the utility
   84  within the local government’s established rights-of-way and the
   85  plan is not inconsistent with the minimum requirements of the
   86  National Electrical Safety Code as adopted by the Public Service
   87  Commission; provided, however, such a plan shall not require the
   88  planting of a tree or other vegetation that will achieve a
   89  height greater than 14 feet in an established electric right-of
   90  way. Vegetation maintenance costs shall be considered
   91  recoverable costs.
   92         Section 2. Section 163.3214, Florida Statutes, is created
   93  to read:
   94         163.3214Tree pruning, trimming, or removal on residential
   95  property.—
   96         (1)From March 1 through June 1 of the calendar year, a
   97  local government may not do either of the following:
   98         (a)If the property owner has obtained documentation from
   99  an arborist certified by the International Society of
  100  Arboriculture that the tree is a danger to persons or property
  101  and the tree is not a listed endangered species, enforce an
  102  ordinance or regulation governing the pruning or trimming of
  103  specimen, heritage, or patriarch trees, as defined by local
  104  ordinances or regulations, or the pruning, trimming, or removal
  105  of other trees on residential property which requires a permit,
  106  an application, the provision of notice, a fee, or a fine.
  107         (b)Authorize the removal of specimen, heritage, or
  108  patriarch trees, as defined by local ordinances or regulations.
  109         (2)A local government may enforce ordinances or
  110  regulations pertaining to the replanting of trees that have been
  111  removed in accordance with this section.
  112         (3)This section does not apply to the exercise of
  113  specifically delegated authority for mangrove protection
  114  pursuant to ss. 403.9321-403.9333.
  115         Section 3. Section 715.015, Florida Statutes, is created to
  116  read:
  117         715.015Property owner bill of rights.—Each property
  118  appraiser office shall provide on its website a property owner
  119  bill of rights. The purpose of the bill of rights is to identify
  120  certain existing rights afforded to property owners. The bill of
  121  rights is not a comprehensive listing. The property owner bill
  122  of rights does not create a civil cause of action. The property
  123  owner bill of rights must state:
  125                           PROPERTY OWNER                          
  126                           BILL OF RIGHTS                          
  127         This Bill of Rights does not represent all of
  128         your rights under Florida law regarding your property
  129         and should not be viewed as a comprehensive guide to
  130         property rights. This document does not create a civil
  131         cause of action and neither expands nor limits any
  132         rights or remedies provided under any other law. This
  133         document is not intended to replace the need to seek
  134         legal advice in matters relating to property law. Laws
  135         relating to your rights are found in the Florida
  136         Constitution, the Florida Statutes, local ordinances,
  137         and court decisions.
  139         As a property owner, you have the following
  140         rights and protections:
  141         1. The right to acquire, possess, and protect
  142         property.
  143         2. The right to use and enjoyment of property.
  144         3. The right to exclude others from property.
  145         4. The right to dispose of property.
  146         5. The right to due process.
  147         6. The right to just compensation for property
  148         taken for a public purpose.
  149         7. The right to relief, or payment of
  150         compensation, when a new law, rule, regulation, or
  151         ordinance of the state or a political entity in the
  152         state unfairly affects real property.
  153         Section 4. This act shall take effect July 1, 2019.