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.
Port St. Lucie, FL
Port St. Lucie Code section 94.05(d) expressly exempts noise from the operation of aircraft from its noise ordinance, and aircraft-in-flight noise is governe...
Port St. Lucie, FL
Under Port St. Lucie Code section 92.09, it is unlawful to keep any animal that barks, howls or makes similar noise between 11:00 p.m. and 6:00 a.m., or that...
Port St. Lucie, FL
Commercial properties in Port St. Lucie must keep noise within 65 dBA during day and 55 dBA at night at the nearest residential property line.
Port St. Lucie, FL
Port St. Lucie Code section 94.05(n) exempts construction noise from the noise limits only between 7:00 a.m. and sundown once a building permit is obtained; ...
Port St. Lucie, FL
Gas-powered lawn equipment is allowed in Port St. Lucie between 7 AM and 7 PM. No special decibel limits apply beyond the general nuisance standard.
Port St. Lucie, FL
Port St. Lucie Code section 94.06(c) bars loudspeakers and sound amplifiers in or adjacent to residential areas between 10:00 p.m. and 7:00 a.m. on weekdays ...
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