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.
Winter Park, FL
Winter Park requires property owners to maintain lots free of accumulated brush, dead vegetation, and combustible debris. Overgrown lots posing fire hazards ...
Winter Park, FL
Consumer fireworks are banned in Winter Park except on the three state-preempted holidays under FL Statute 791.08: July 4, December 31, and January 1. Sparkl...
Winter Park, FL
Open burning of yard waste is generally prohibited in Winter Park. Yard debris must be placed at curbside for municipal collection. Authorization from the Fl...
Winter Park, FL
Tree removal in Winter Park requires a permit for most trees 4 inches DBH or larger. Even with FL 163.045 preemption for dangerous trees, the city requires a...
Winter Park, FL
Winter Park property maintenance code requires lots to be kept free of noxious weeds, invasive species, and excessive ground cover. Brazilian pepper, air pot...
Winter Park, FL
Winter Park is within the St. Johns River Water Management District (SJRWMD). Year-round landscape irrigation is limited to two days per week based on addres...
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See how Winter Park's heritage & protected trees rules stack up against other locations.
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