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.
Ocoee, FL
Amplified music audible beyond 100 feet from the property line is prohibited at any time in residential zones under Ocoee Code Chapter 110. Special event per...
Ocoee, FL
Commercial properties in Ocoee must contain noise within property boundaries between 10 PM and 7 AM. Loading docks, HVAC units, and delivery activity near re...
Ocoee, FL
Ocoee defines abandoned vehicles as inoperable, unregistered, or parked over 72 hours on public property. FL §715.05 authorizes tow after notice. Code enforc...
Ocoee, FL
Corner lots in Ocoee require a clear sight visibility triangle of 25 feet from the intersection. Fences, landscaping, and structures over 30 inches tall are ...
Ocoee, FL
Ocoee allows up to 4 backyard hens on single-family lots through its urban chicken program. No roosters permitted. Coops must be at least 25 feet from neighb...
Ocoee, FL
Ocoee cannot restrict dogs by breed. FL §767.14 preempts all breed-specific legislation statewide. Dangerous dog determinations are behavior-based under FL §...
Side-by-side rule comparisons with other cities in Orange County.
See how Ocoee's heritage & protected trees rules stack up against other locations.
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