Item P5 } P.5
`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
March 17, 2021
Agenda Item Number: P.5
Agenda Item Summary #7932
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774
N/A
AGENDA ITEM WORDING: Approval of a Resolution in support of Senate Bill 596 and House
Bill 6023 which would repeal Section 163.045, Florida Statues, a preemption related to tree pruning,
trimming, or removal on residential property, and providing for an effective date.
ITEM BACKGROUND: This item is for consideration of a resolution 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. 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. Also tree
protection has long been recognized as a legitimate exercise of local government Home Rule
powers. 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.
The 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.
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. Also, 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. The County's tree canopy provides greenhouse gas emissions
reduction, energy savings, stormwater management, air quality improvements, and carbon
sequestration.
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
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P.5
hammocks and pinelands and 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. Clearing of
upland native vegetation communities in the Tiers I, II, HI and HI-A (SPA) shall be limited for the
portion of the property containing upland native vegetation in accordance with Policy 101.5.27.
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. Native plant communities shall be considered required open space areas and shall
not be cleared or otherwise disturbed, beyond the limits specified in subsection (b), including ground
cover, understory, midstory, and canopy vegetation.
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.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Sustainability - Tree Resolution March 2021
FINANCIAL IMPACT:
Effective Date: March 17, 2021 Expiration Date: N/A
Total Dollar Value of Contract: N/A Total Cost to County: N/A
Current Year Portion: N/A Budgeted: N/A
Source of Funds: N/A CPI: N/A
Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A County Match: N/A
Insurance Required: No Additional Details: None
REVIEWED BY:
Rhonda Haag Completed 02/26/2021 1:02 PM
Pedro Mercado Completed 02/26/2021 2:00 PM
Purchasing Completed 02/26/2021 2:09 PM
Budget and Finance Completed 02/26/2021 2:10 PM
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P.5
Maria Slavik Completed 02/26/2021 2:48 PM
Liz Yongue Completed 02/26/2021 4:22 PM
Board of County Commissioners Pending 03/17/2021 9:00 AM
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P.5.a
RESOLUTION No. 2021
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS SUPPORTING SENATE BILL E
596 AND HOUSE BILL 6023 WHICH WOULD REPEAL 2
SECTION 163.045, FLORIDA STATUTES, A PREEMPTION
RELATED TO TREE PRUNING, TRIMMING, OR REMOVAL Ui
ON RESIDENTIAL PROPERTY; INSTRUCTING THE U:
COUNTY CLERK TO TRANSMIT THIS RESOLUTION TO
er
R
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 c
r-
Keys Sustainability Action Plan in 2016 that in sections 2-19 and 2-43 further supports the 0
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 0
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
0
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 2
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, U)
and canopy vegetation; and
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P.5.a
WHEREAS, Section 114-103 of the County's Land Development Code requires a
development permit for the removal of any tree, or maj or 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- 2
104, or 114-124; and E
WHEREAS, the Committee Substitute of HB1159 (2019) (creating Section 163.045,
Florida Statutes), a preemption related to tree pruning, trimming, or removal on residential Ui
property, was passed and signed into law with vague and undefined language that has made L.�
interpretation both difficult and inconsistent across municipalities; and
�i
WHEREAS, tree protection has long been recognized as a legitimate exercise of local
government Home Rule powers; and i)
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
0
r-
WHEREAS,proposed legislation Senate Bill 596 and House Bill 6023 have been filed for 0
consideration during the 2021 session of the Florida Legislature and propose to repeal Section
163.045, Florida Statutes. v)
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 0
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 2
transmit a copy of this Resolution to the Senate President and the House Speaker.
This Resolution shall become effective immediately upon its adoption.
N
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, N
this 17th day of March 2021. 2
Mayor Michelle Coldiron
Mayor Pro Tem David Rice
Commissioner Craig Cates 0
Commissioner Eddie Martinez
Commissioner Mike Forster
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
BY BY
Deputy Clerk Mayor Michelle Coldiron
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