Section 163.045 expressly applies regardless of any local heritage, specimen, or champion tree designation, preempting protective ordinances when an arborist documents danger.
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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Apopka, FL
Apopka quiet hours run 10 PM to 7 AM on weeknights and 11 PM to 8 AM weekends under Apopka Code Chapter 38 (Noise). Unreasonable noise at any hour violates F...
Apopka, FL
Modified exhaust, loud stereos, and jake-brake use are prohibited in Apopka. Car stereos audible 25 feet away violate state law, and Apopka Code Chapter 38 b...
Apopka, FL
Gas and electric leaf blowers are permitted in Apopka between 7 AM and 7 PM daily. There is no decibel cap specific to leaf blowers, and commercial landscape...
Apopka, FL
Apopka tags vehicles as abandoned after 72 hours of inoperable condition on public or private property. Inoperable means flat tires, missing parts, expired t...
Apopka, FL
Apopka follows Florida Building Code EV-ready provisions and FL §366.94 which preempts local restrictions on residential EV charging. Level 2 home charger in...
Apopka, FL
Apopka generally permits overnight on-street parking in residential zones unless posted otherwise. No citywide overnight ban exists. HOAs frequently prohibit...
Side-by-side rule comparisons with other cities in Orange County.
See how Apopka's heritage & protected trees rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.