HomeMy WebLinkAboutR-2021-013 Supporting Repeal of State Tree RegulationRESOLUTION NO.2021-013
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, SUPPORTING FLORIDA SENATE BILL 596 AND
COMPANION HOUSE BILL 6023 RELATING TO REPEAL OF FLORIDA
STATUTE 163.045, TO ALLOW LOCAL GOVERNMENTS TO REGULATE
MATTERS RELATING TO TREES LOCATED ON RESIDENTIAL
PROPERTIES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, members of the Florida Legislature, Senator Linda Stewart and
Representative Anna V. Eskamani of Orlando, are seeking to repeal a state preemption of local
ordinances relating to trees located on residential properties; and
WHEREAS, Senator Stewart's Senate Bill 596 and Representative Eskamani's House
Bill 6023 would repeal Section 163.045, Florida Statutes, which bills intend to restore the rights
of local governments related to pruning, trimming, or removal of trees on residential property;
and
WHEREAS, the statute to be repealed, Section 163.045, Florida Statutes, adopted by the
Florida Legislature in 2019, advocated a way to protect residential property owners' rights, and
arose after local controversies in several places occurred in the state related to removal and
trimming of trees; 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 to protect these resources; and
WHEREAS, counties and cities such as Dania Beach are better connected to their
residents and local needs and as such, should be restored the ability to adopt regulations that
reflect the values of their respective communities; and
WHEREAS, the City of Dania Beach seeks to preserve and protect home rule authority
for Dania Beach and local governments;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed to be true
and correct and they are made a part of and are incorporated into this Resolution by this
reference.
Section 2. That the City Commission of the City of Dania Beach supports Florida
Senator Stewart's Senate Bill 596 and Representative Eskamani's House Bill 6023, which would
repeal Section 163.045, Florida Statutes, that preempts local regulation affecting trees located on
residential properties.
Section 3. That the City Commission directs the City Clerk to transmit a copy of this
Resolution to the Florida Governor, the Board of County Commissioners for Broward County,
the Florida League of Cities, the Broward League of Cities and to the Broward County
delegation of the Florida Legislature for distribution.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on January 26, 2021.
ATTEST:
r
THOMAS SCHNEIDER, CMC
CITY CLERK
SHE
APPROVE S TO FORM AND CORRECTNESS:
THOjIA$ J.
CITY ATTC
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TAMARA JAMS
MAYOR
2 RESOLUTION #2021-013