Resolution 2021-31662 RESOLUTION NO. 2021-31662
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY
SUPPORTING SENATE BILL 596 AND HOUSE BILL 6023, WHICH
SEEK TO REPEAL SECTION 163.045, FLORIDA STATUTES,
WHICH CURRENTLY PREEMPTS MUNICIPALITIES FROM
REQUIRING A NOTICE, APPLICATION, APPROVAL, PERMIT,
FEE, OR MITIGATION FOR TREE PRUNING, TRIMMING, OR
REMOVAL ON RESIDENTIAL PROPERTY; AND DIRECTING THE
CITY CLERK TO TRANSMIT THIS RESOLUTION TO THE
PRESIDENT OF THE FLORIDA SENATE AND THE SPEAKER OF
THE FLORIDA HOUSE OF REPRESENTATIVES.
WHEREAS, members of the Florida Legislature, Senator Linda Stewart and
Representative Anna V. Eskamani of Orlando, have sponsored Senate Bill 596 ("SB 596") and
House Bill 6023 ("HB 6023"), respectively, proposing to repeal a state preemption of local
ordinances relating to trees located on residential properties; and
WHEREAS, Section 163.045 Fla. Stat., adopted by the Florida Legislature in 2019,
prohibits local governments from requiring a notice, application, approval, permit, fee, or
mitigation for the pruning, trimming, or removal of a tree on residential property, and was
advocated as a way to protect residential property owners' rights, after several local
controversies related to removal and trimming of trees arose in the state; and
WHEREAS, Section 163.045 Fla. Stat. allows for pruning or removal of any tree on any
Florida residential property without a permit if a certified arborist or a Florida-licensed landscape
architect creates documentation that the tree "presents a danger to persons or property"; and
WHEREAS, Section 163.045 Fla. Stat. does not provide for any definition or modifier of
the word "danger", leaving the law vague and vulnerable to abuse; and
WHEREAS, moreover, landscape architects typically do not have special training in
assessing tree danger, and while certified arborists have an option take a specialized course
and become qualified in "Tree Risk Assessment," Section 163.045 Fla. Stat. does not mandate
having this additional expertise; and
WHEREAS, many local communities use green buffers and tree preservation codes to
define their communities' character and standards of life, and local governments should be
restored local controls and the ability to protect these resources; and
WHEREAS, local government tree protection ordinances and maintenance of trees and
tree canopies are beneficial for habitat, climate adaptation, nutrient uptake and filtration,
stormwater management, quality of life for residents and community character; and
WHEREAS, the City of Miami Beach ("City") is an urbanized barrier island that has many
unique challenges in the management of a sustainable urban forest; and
WHEREAS, in 2015, the City of Miami Beach adopted the Tree Preservation &
Protection Ordinance, which established the tree permitting and mitigation program to protect
and enhance the tree canopy on both public and private property; and
WHEREAS, the average life of a tree in the City is estimated to be 8 years due to
environmental conditions including high groundwater table, limited space for planting, tree
abuse, and improper maintenance; and
WHEREAS, in 2018, 70% of voters in Miami Beach approved General Obligation Bond
that included $5 million for Reforestation Projects; and
WHEREAS, reforestation efforts lead to exponential growth of the benefits received by
our urban forest through enhanced walkability, improved stormwater management capacities,
increased habitat for birds and wildlife, reduced greenhouse gases, and reduced heat island
impacts; and
WHEREAS, furthermore, Policy RSE 4.1.3 of the City's Comprehensive Plan calls for
the development of innovative solutions to create an urban canopy, reduce the intensity of the
urban heat island effect and provide shade to improve walkability; and
WHEREAS, the City has been certified as a Tree City USA for 16 years, 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, local governments are in a better position to determine which trees in their
neighborhoods are "dangerous" to persons or property; and
WHEREAS, as such, the Mayor and City Commission of Miami Beach declare their
strong support for SB 596 and HB 6023.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby strongly
support Senate Bill 596 and House Bill 6023, which seek to repeal Section 163.045, Florida
Statutes, which currently preempts municipalities from requiring a notice, application, approval,
permit, fee, or mitigation for tree pruning, trimming, or removal on residential; and direct the City
Clerk to transmit this Resolution to the speaker of the Florida House of Representatives and the
President of the Florida Senate.
PASSED AND ADOPTED this a L day of if ri/, 2021.
ATTEST: ,82-21----____
Dan Gelber, Mayor
36/24
Rafael Gran do, Ci Clerk `,,ow,a,
kIRdCORF ORATED" ,
(Sponsored by Commissioner David Richardson)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(VO--- Li —L-7-)
City Attorney Date
Resolutions-C7 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: April 29, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, STRONGLY SUPPORTING SENATE BILL
596 AND HOUSE BILL 6023, WHICH SEEK TO REPEAL SECTION 163.045,
FLORIDA STATUTES, WHICH CURRENTLY PREEMPTS MUNICIPALITIES
FROM REQUIRING A NOTICE, APPLICATION, APPROVAL, PERMIT, FEE,
OR MITIGATION FOR TREE PRUNING, TRIMMING, OR REMOVAL ON
RESIDENTIAL PROPERTY; AND DIRECTING THE CITY CLERK TO
TRANSMIT THIS RESOLUTION TO THE PRESIDENT OF THE FLORIDA
SENATE AND THE SPEAKER OF THE FLORIDA HOUSE OF
REPRESENTATIVES.
RECOMMENDATION
The Administration recommends the adoption of the Resolution.
BACKGROUND/HISTORY
On July 1, 2019, Section 163.045, Florida Statutes (Fla. Stat.)came into effect. This Statute
preempts municipalities from requiring a notice, application, approval, permit, fee, or mitigation
for tree pruning, trimming, or removal on residential property.
On January 12, 2021, the Florida House Bill (HB) 6023 was filed. On January 13, 2021, the
Florida Senate Bill (SB) 596 was filed. Both HB 6023 aid SB 596 seek to repeal Section
163.045 Fla. Stat. On January 22, 2021, HB 6023 was referred to the Local Administration and
Veterans Affairs Subcommittee, the Commerce Committee, and the State Affairs Committee.
ANALYSIS
In 2015, the City of Miami Beach adopted the Tree Preservation & Protection Ordinance, which
established the tree permitting and mitigation program to protect and enhance the tree canopy
on both public and private property. The average life of a tree in the City property is estimated to
be 8 years due to environmental conditions including high groundwater table, limited space for
planting, tree abuse, and improper maintenance. The Tree Preservation& Protection Ordinance
helps to ensure the health and well-being of the City's tree canopy. About 80% of the City's
canopy is located on private property, therefore it is crucial for the City to be able to enforce and
protect trees on private property.
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In 2018, 70% of voters in Miami Beach approved the General Obligation Bond that included $5
million for Reforestation Projects. Reforestation efforts lead to exponential growth of the
benefits received by our urban forest through enhanced walkability, improved stormwater
management capacities, increased habitat for birds and wildlife, greenhouse gases absorption,
and reduced heat island impacts.
Section 163.045 Fla. Stat. allows forpruning or removal of any tree on any Florida residential
property without a permit if a certified arborist or a Florida-licensed landscape architect creates
documentation that the tree "presents a danger to persons or property". However, Section
163.045 Fla. Stat. does not provide for any definition or modifier of the word "danger", leaving
the law vague and vulnerable to abuse.
Moreover, landscape architects typically do not have special training in assessing tree danger,
and while certified arborists have an option take a specialized course and become qualified in
"Tree Risk Assessment," Section 163.045 Fla. Stat. does not mandate having this additional
expertise.
Local governments are in a better position to determine which trees in their neighborhoods are
"dangerous" to persons or property and should be able to stablish and enforce policies on tree
pruning, trimming, or removal on residential property. Miami Beach has a Tree Preservation
Ordinance that addresses instances where trees deemed as imminent danger by a certified
arborist are exempt from requiring a tree removal permit.
SUPPORTING SURVEY DATA
About 51% of our residents reported being not satisfied with the City's tree canopy coverage
during our community survey. In addition, less than half of Miami Beach residents are satisfied
with the City's efforts to be a green or sustainable city. Reducing GHG emissions and protecting
and increasing our tree canopy are important actions to increasing satisfaction.
CONCLUSION
The Administration recommends the adoption of the Resolution.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.Q.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Environment& Infrastructure- Reduce greenhouse gas emissions and heat.
Legislative Tracking
Environment and Sustainability
Sponsor
Commissioner David Richardson
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ATTACHMENTS:
Description
❑ Resolution
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