Broward County Commission Regular Meeting

MOTION TO DIRECT Office of the County Attorney to draft an Ordinance, if necessary, amending Chapter 27 of the Broward County Code of Ordinances for consistency with the limitations on local government regulation of the pruning, trimming, removal, and replacement of trees provided for in House Bill ("HB") 1159 passed by the 2019 Florida Legislature.

ACTION:  (T-10:51 AM)  Approved.

VOTE: 9-0.  Vice-Mayor Holness voted in the affirmative telephonically.

Board direction is required for the Office of the County Attorney to draft an Ordinance amending the Broward County Code of Ordinances.

Directs the Office of the County Attorney to draft an Ordinance amending Chapter 27 of the Board County Code of Ordinances for consistency with HB 1159, if necessary.

The 2019 Florida Legislature recently passed HB 1159, an act relating to private property rights. HB 1159 creates Section 163.045, Florida Statutes, affecting the ability of local governments to require notices, applications, approvals, permits, fees, mitigation, or replacement for the pruning, trimming, or removal of trees on residential property if a property owner obtains documentation from a certified arborist that the tree presents a danger to persons or property.  HB 1159 provides for an effective date of July 1, 2019.
 
If HB 1159 becomes law, Article XIV of Chapter 27 of the Broward County Code of Ordinances, Tree Preservation and Abuse Ordinance, will require amendment to incorporate the limitations of HB 1159 to ensure consistency with Florida law.

Michael C. Owens, Senior Assistant County Attorney, (954) 357-7600