Florida Preemption on Heritage Tree Local Rules

The 2019 amendment to Section 163.045, Florida Statutes, was specifically intended to override local heritage tree ordinances. The statute reads that no local ordinance, regulation, or comprehensive plan provision may require a permit or fee for the removal of a tree (including those designated as heritage, specimen, grand, or champion) on residential property when the qualified arborist documentation is in place. The Florida Attorney General's 2019 Advisory AGO 2019-15 confirmed this scope, and Florida appellate courts have upheld the statute against home-rule challenges.

Municipalities enforcing heritage tree restrictions against owners with valid arborist documentation expose themselves to suit for declaratory and injunctive relief under Section 163.045.