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.
Tallahassee, FL
Tallahassee regulates noise from industrial and non-residential sources by setting dB(A) limits that vary by time of day. Sounds measured at a receiving prop...
Tallahassee, FL
Tallahassee's Land Development Code Section 3-401 restricts fence materials by zone. Barbed wire, razor wire, and electrified fencing are prohibited in resid...
Tallahassee, FL
Tallahassee and Leon County prohibit animal hoarding through Ch. 4 animal-welfare provisions requiring adequate food, water, shelter, and veterinary care. Fa...
Tallahassee, FL
Tallahassee prohibits uncontrolled growth of weeds, grass, or brush exceeding 12 inches on private property under City Code Chapter 9, Section 9-61. Violatio...
Tallahassee, FL
Tallahassee has no local ordinance restricting rain barrel or rainwater harvesting system installation. Florida Statute §373.62 and the Florida-Friendly Land...
Tallahassee, FL
Tallahassee zoning and property maintenance codes do not restrict residential lawn ornaments, statuary, or religious displays at single-family homes. Politic...
See how Tallahassee's heritage & protected trees rules stack up against other locations.
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