Resolution 120-2021 RESOLUTION No. 120 2021
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS 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; INSTRUCTING THE
COUNTY CLERK TO TRANSMIT THIS RESOLUTION TO
CERTAIN PERSONS AND ENTITIES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the County, residents, businesses, and municipalities in Monroe County
highly value trees, speak out to protect the native habitat, and steward the forests through tree
planting projects, inventorying efforts, and citizen science; and
WHEREAS, the Monroe County Board of County Commissioners approved the Green
Keys Sustainability Action Plan in 2016 that in sections 2-19 and 2-43 further supports the
community's desire to protect trees in balance with economic development using land
development strategies and planning efforts; and
WHEREAS, the County's tree canopy provides greenhouse gas emissions reduction,
energy savings,stormwater management, air quality improvements,and carbon sequestration; and
WHEREAS, Objective 205.2, C.7, and C.8 of the County's Comprehensive Plan calls for
the protection and restoration of the habitat values of upland native vegetated communities,
including hardwood hammocks and pinelands; and
WHEREAS, specifically, Policy 205.2.6 of the County's Comprehensive Plan states that
the allowable amount of permitted clearing of native upland vegetation communities shall be
defined by habitat and the location of the property in the tier overlay district maps; and
WHEREAS,clearing of upland native vegetation communities in the Tiers I,II, III and III-
A (SPA) shall be limited for the portion of the property containing upland native vegetation in
accordance with Policy 101.5.27.; and
WHEREAS, Section 118-9 of the County's Land Development Code provides for open
space as a part of a development plan in order to ensure the continued existence of natural wildlife
habitat and to provide open green areas for the movement, aesthetics, and safety of the human
population utilizing the development; and
WHEREAS, native plant communities shall be considered required open space areas and
shall not be cleared or otherwise disturbed, beyond the limits specified in Section 118-9 of the
County's Land Development Code, subsection(b), including ground cover, understory,midstory,
and canopy vegetation; and
WHEREAS, Section 114-103 of the County's Land Development Code requires a
development permit for the removal of any tree,or major pruning of any tree over six inches DBH,
required as landscaping, a street tree,or as part of a bufferyard pursuant to Sections 114-100, 114-
104, or 114-124; and
WHEREAS, the Committee Substitute of HBI159 (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; and
WHEREAS, tree protection has long been recognized as a legitimate exercise of local
government Home Rule powers; and
WHEREAS,local government tree protection ordinances and maintenance of trees and tree
canopies are beneficial for habitat, climate adaptation, nutrient uptake and filtration and
stormwater management and enhance quality of life for residents and community character; and
WHEREAS,proposed legislation Senate Bill 596 and House Bill 6023 have been filed for
consideration during the 2021 session of the Florida Legislature and propose to repeal Section
163.045, Florida Statutes.
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of
Monroe County, Florida that the Board urges the Florida Legislature to support Senate Bill 596
and House Bill 6023, to repeal Section 163.045, Florida Statutes, a preemption related to tree
pruning, trimming, or removal on residential property.
BE IT FURTHER RESOLVED that this Board hereby instructs the County Clerk to
transmit a copy of this Resolution to the Senate President and the House Speaker.
This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe Coppty,
this 17th day of March 2021. a — _
Mayor Michelle Coldiron Yes _.‘z
N
cO(� Mayor Pro Tern David Rice Yes 0
� � '\., mmissioner Craig Cates Yes
,l 4 issioner Eddie Martinez Yes
�• issioner Mike Forster Yes o
Kca.,
BOARD OF CO +W STONERS
KEVIN ADOK, CLERK OF MQiIJ.( q
BY BY
As Deputy Clerk Mayor Michelle Coldiron
�NROE COUNTY ATiOBNEY
A�(+ROVE FORM
P
ASS! NTY ATTORNEY
Date 3/19/21