LTC 116-2021 City of Temple Terrace Resolutions No. 31-21 and 34-21MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 116-2021 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk 74
DATE: March 18, 2021
SUBJECT: CITY OF TEMPLE TERRACE RESOLUTIONS NO. 31-21 AND 34-21
Attached for your information are Resolutions No. 31-21 and 34-21, adopted by the Mayor and
City Council of City of Temple Terrace on March 16, 2021.
RESOLUTION 31-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
TERRACE, FLORIDA, STRONGLY OPPOSING SENATE BILL 60 AND HOUSE
BILL 883 THAT UNNECESSARILY PREVENT MUNICIPAL CODE
ENFORCEMENT DEPARTMENTS FROM INVESTIGATING ANONYMOUS
CODE ENFORCEMENT COMPLAINTS, AND URGING THE FLORIDA
LEGISLATURE TO NOT INTERFERE WITH LOCAL MUNICIPALITIES' ABILITY
TO PROTECT THE HEAL TH, SAFETY, WELFARE, AND VALUE OF THEIR
NEIGHBORHOODS, AND TO ALLOW MUNICIPAL CODE ENFORCEMENT
DEPARTMENTS TO CONTINUE INVESTIGATING UNLAWFUL CONDITIONS
ON PROPERTIES WITHIN THE MUNICIPALITY, REGARDLESS OF THE
SOURCE OF COMPLAINTS; DIRECTING THE CITY CLERK TO DISTRIBUTE
COPIES OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION 34-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
TERRACE, FLORIDA SUPPORTING SENATE BILL 596 AND HOUSE BILL 6023
WHICH WOULD REPEAL SECTION 163.045, FLORIDA STATUTES, A
PREEMPTION RELATED TO TREE PRUNING, TRIMMING, OR REMOVAL ON
RESIDENTIAL PROPERTY; DIRECTING THE CITY CLERK TO DISTRIBUTE
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
The City of Temple Terrace Clerk has requested that a copy of these Resolutions be provided to
the Miami Beach Mayor, Commissioners, and the City Manager.
If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411.
REG/le
Attachment
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RESOLUTION 31-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
TERRACE, FLORIDA, STRONGLY OPPOSING SENA TE BILL 60 AND
HOUSE BILL 883 THAT UNNECESSA RILY PREVENT MUNICIPAL CODE
ENFORCEMENT DEPARTMENTS FROM INVESTIGATING
ANONYMOUS CODE ENFORCEMENT COMPLAINTS, AND URGING
THE FLORIDA LEGISLATURE TO NOT INTERFERE WITH LOCAL
MUNICIPALITIES' ABILITY TO PROTECT THE HEALTH, SAFETY,
WELFARE, AND VALUE OF THEIR NEIGHBORHOODS, AND TO ALLOW
MUNICIPAL CODE ENFORCEMENT DEPARTMENTS TO CONTINUE
INVESTIGATING UNLAWFUL CONDITIONS ON PROPERTIES WITHIN
THE MUNICIPALITY, REGARDLESS OF THE SOURCE OF COMPLAINTS;
DIRECTING THE CITY CLERK TO DISTRIBUTE COPIES OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida municipalities establish ordinances and code provisions to promote,
protect, and improve the health, safety, and welfare of the residents within their respective
jurisdictions; and
WHEREAS, the Florida Legislature, with the same intent to promote, protect, and improve
the health, safety, and welfare of the citizens of the counties and municipalities of Florida,
enacted Chapter 162, Florida Statutes, which authorized municipalities to establish code
enforcement systems to enforce the codes and ordinances in effect in those local governments;
and
WHEREAS, many Florida municipalities, including the City of Temple Terrace, established
code enforcement systems and designated employees to be code enforcement
officers/inspectors to promote, protect, and improve the health, safety, and welfare of their
respective communities; and
WHEREAS, many of the complaints of code violations received by municipal code
enforcement departments are anonymous because the complainants are concerned about
creating negative feelings and/or retaliation from neighbors or landlords; and
WHEREAS, municipal code enforcement officers/inspectors will investigate those
anonymous complaints or reports to determine if a condition on the property exists that violates
the municipality's ordinances or code provisions and, thus, negatively impacts the health, safety,
and welfare of the municipality; and
WHEREAS, if, upon investigation of that anonymous complaint, no violation of the
municipality's ordinances and code is observed by the code enforcement officer/inspector, the
complaint is closed, and no further action is taken with regard to that complaint; and
WHEREAS, if, upon investigation of that anonymous complaint, a violation of the
municipality's ordinances or city code is observed by the code enforcement officer or inspector,
the violator is notified of the violative condition and given a reasonable opportunity to correct
the violative condition without penalty unless the violative condition poses a serious threat to
public health, safety, and welfare, is irreparable or irreversible in nature, or is a repeat violation;
and
WHEREAS, the above-described anonymous complaint process promotes, protects, and
improves the health, safety, and welfare, as well as the appearance, of the municipality by
abating violative conditions while preventing negative feelings and potential retaliation by
neighbors or landlords against the complainant; and
WHEREAS, on January 5, 2021, Florida Senator Jennifer Bradley filed Senate Bill 60 ("SB
60") for consideration during the 2021 Florida Legislative Session that prohibits a code
enforcement officer from initiating investigations and enforcement proceedings of potential
violations of codes and ordinances by way of anonymous complaints, and requires persons who
report potential violations of codes and ordinances to provide their name and address to the
governing body before an investigation occurs, unless the code enforcement officer has reason
to believe that a violation presents an imminent threat to public health, safety, or welfare or
imminent destruction of habitat or sensitive resources; and
WHEREAS, on February 10, 2021, Florida Representative Tobin Overdorf introduced
House Bill 883 ("HB 883") with preemptions identical to those in Senate Bill 60; and
WHEREAS, prohibiting both the investigation and enforcement of code violations
reported by anonymous sources will have a serious adverse effect on the promotion, protection,
and improvement of the health, safety, and welfare of the residents of municipalities, including
the City of Temple Terrace, because legitimate complaints will not be reported due to fear of
retaliation from a neighbor and landlord; and
WHEREAS, the exception contained in SB 60 and HB 883 allowing a code inspector to
investigate an anonymous report if the inspector "has reason to believe that the violation
presents an imminent threat to public health, safety, or welfare or imminent destruction of
habitat or sensitive resources" creates a "Catch-22" because the inspector cannot assess whether
the anonymously reported violation presents an imminent threat without investigating, yet the
inspector is prohibited from investigating because the report is anonymous; and
WHEREAS, Sections 162.21 and 166.0415, Florida Statutes, already provide, respectively,
that a code enforcement inspector may issue a civil citation "upon personal investigation, if there
is reasonable cause to believe that a person has committed a civil infraction in violation of a duly
enacted code or ordinance" and "when such code enforcement officer or inspector has actual
knowledge that a violation has been committed"; and
WHEREAS, municipalities should continue to have the power to implement the code
enforcement system that best promotes, protects, and improves the health, safety, and welfare
of the residents of the municipality, and not be limited to initiating investigations and
enforcement proceedings from anonymous reports only when the threat to health, safety, and
welfare is imminent.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMPLE
TERRACE, THAT:
Section 1: The City ofTemple Terrace opposes SB 60 and HB 883 that would
prohibit the investigation of anonymous code enforcement complaints and, thus,
detrimentally affect our code enforcement system that promotes, protects, and
improves the health, safety, and welfare of the residents of our community.
Section 2: The City Clerk is hereby directed to distribute copies of this
Resolution to Representatives Lawrence McClure and Tobin Overdorf, Senators
Danny Burgess and Jennifer Bradley, Governor Ron Desantis, the Speaker of the
Florida House of Representatives, the President of the Florida Senate, the Florida
League of Cities, and to all municipalities in Hillsborough County.
Section 3: Effective Date. This Resolution shall become effective upon
adoption.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPLE TERRACE,
FLORIDA this 16th day of March, 2021.
(Corporate Seal)
X
Andrew Ross, Mayor
Chair of the City Council
Signed by: City Clerk
Attest:
Cheryl A. Mooney
City Clerk
Signed by. City Clerk
Approved As To Form & Content:
Pamela Cichon
City Attorney
Signed by: City Clerk
RESOLUTION 34-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
TERRACE, FLORIDA SUPPORTING SENATE BILL 596 AND HOUSE BILL
6023 WHICH WOULD REPEAL SECTION 163.045, FLORIDA STATUTES,
A PREEMPTION RELATED TO TREE PRUNING, TRIMMING, OR
REMOVAL ON RESIDENTIAL PROPERTY; DIRECTING THE CITY CLERK
TO DISTRIBUTE THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the residents, businesses, and college campus in Temple Terrace highly value
trees, speak out to protect the urban tree canopy, and use their own time to steward the urban
forest through tree planting projects and inventorying efforts; and
WHEREAS, the City takes pride in having been certified as a Tree City USA for 12 years
since 2008, which requires maintaining a tree board or department, enforcing a community tree
ordinance, spending at least $2 per capita on urban forestry, and celebrating Arbor Day; and
WHEREAS, the City's 2040 Comprehensive Plan under Strategic Response, provides "Oak
Tree Canopy - Temple Terrace prides itself on its natural assets, one of the foremost is its
extensive oak tree canopy. It is the seamless interface of man and nature that make Temple
Terrace, in part, such a highly appealing place. As with the river, this important resource will be
protected and built upon"; and
WHEREAS, the City lists our "Oak Tree Canopy" in its Comprehensive Plan as the second
"asset" upon which the "City and its residents will focus ... to position the city for growth and
economic development", and further states, "The city's oak tree canopy is another natural
feature identified by citizens as a distinguishing natural asset giving uniqueness and identity to
the city, and therefore shaping its form. It is as much a part of the city's heritage as
Mediterranean Revival buildings ...."; and
WHEREAS, the City's 2040 Comprehensive Plan under Future Land Use states that the
city's "'natural assets' are critically important to Temple Terrace's identity" and that they "create
a beautiful green environment," citing the "oak tree canopy" as an example; and
WHEREAS, the City's Comprehensive Plan, Future Land Use Goals, Objectives, and Policies
include "LU Policy 1.1.4: Continue to recognize among its best natural assets, which give a natural
form to the City are ... its oak tree canopy .... " and "LU Policy 1.1.5: Continue to recognize
about its natural assets the need for ongoing vigilant natural resource protection ...."; and
WHEREAS, the Committee Substitute of HB1159 (2019) (creating Section 163.045,
Florida Statutes), a preemption related to tree pruning, trimming, or removal on residential
property, was passed and signed into law with vague and undefined language that has made
interpretation both difficult and inconsistent across municipalities, has become a trap for
property owners who remove a tree, and has led to the irreparable clear cutting of land in Temple
Terrace by developers attempting to use the statute to avoid complying with the City's land
development regulations; and
WHEREAS, Section 163.045, Florida Statutes gave certified arborists and landscape
architects, who may have no training in risk assessment of trees, the final decision power over
the life or death of one of Temple Terrace's most valuable assets; and
WHEREAS, Section 163.045, Florida Statutes, eliminates all notification to the City before
removing a tree if it is determined to be a danger to persons or property, any failure by the
property owner to fully comply with the statute {such as the arborist's lack of certification,
removing the wrong tree, and whether the determination was made prior to the removal) is not
discovered until after the irreparable damage has been done; and
WHEREAS, because there is no prevailing state interest regarding trees on residential
property, tree protection and removal has long been recognized as a legitimate exercise of local
government Home Rule powers and should remain so; and
WHEREAS, local government tree ordinances and regulations, including those ofThe City
of Temple Terrace, are already designed to maintain trees and tree canopies while allowing for
pruning and removal of dead and dangerous trees, as well as the removal of trees necessary for
development; and
WHEREAS, the City Council recognizes that Temple Terrace's extraordinary tree canopy is
necessary for preservation of wildlife habitats, beneficial for climate adaptation, stormwater
management, nutrient uptake and filtration, and it enhances quality of life for residents, property
values, and community character; and
WHEREAS, members of the Florida Legislature, Senator Linda Stewart and Representative
Anna Eskamani, have filed Senate Bill 596 ("SB 596) and House Bill 6023 ("HB 6023") for
consideration during the 2021 session of the Florida Legislature, and propose to repeal Section
163.045, Florida Statutes, effectively restoring the rights of local governments to enact and/or
enforce local ordinances and regulations related to pruning, trimming, or removal of trees on
residential property within their respective corporate limits;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMPLE
TERRACE, THAT:
Section 1: The foregoing recitals are hereby ratified and confirmed as being
true, and the same are hereby incorporated by reference and made a part of this
Resolution.
Section 2: It is in the best interest of the City and other local governments
that Home Rule authority to regulate the trimming, pruning, and removal of trees
be restored to thereby protect that essential resource.
Section 3: The Florida Legislature is strongly urged to support Senate Bill
596 and House Bill 6023, and to repeal Section 163.045, Florida Statutes, which
preempts local laws related to tree pruning, trimming, or removal on residential
property.
Section 4: The City Clerk is hereby directed to distribute a copy of this
Resolution to Senators Danny Burgess and Linda Stewart, Representatives
Lawrence McClure and Anna Eskamani, Governor Ron Desantis, the Speaker of
the Florida House of Representatives, the President of the Florida Senate, the
Florida League of Cities, and to all municipalities in Hillsborough County.
Section 5: This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPLE TERRACE,
FLORIDA this 16th day of March, 2021.
(Corporate Seal)
X
Andrew Ross, Mayor
Chair of the City Council
Signed by: City Clerk
Attest:
Cheryl A. Mooney
City Clerk
Signed by: City Clerk
Approved As To Form & Content:
Pamela Cichon
City Attorney
Signed by: City Clerk