State Removed Orlando's Right to Ban Styrofoam, Now They Want to Remove Orlando's Right to Regulate Trees

Orlando Opinions Episode 21

By Mark Baratelli 

In 2016 we told you Publix spent $1 million "lobbying lawmakers to pass legislation that would pre-empt local governments from enacting bans on Styrofoam containers" according to the Miami Herald. The legislation passed. No city in Florida except Miami can pass anti-styrofoam laws.

Now we have another attempt at taking Florida cities' rights to regulate away and giving them to the state. 

Bill SB 574 called "Tree and Timber Trimming, Removal, and Harvesting" was filed with the Senate by Republican Senator from Sarasota Greg Steube October 20th, referred to Community Affairs; Environmental Preservation and Conservation; Rules -SJ 46 November 2nd and Introduced to the Senate January 9th.

The language of the bill is as follows: "Tree and Timber Trimming, Removal, and Harvesting; Preempting to the state the regulation of the trimming, removal, or harvesting of trees and timber on private property; prohibiting local governments from prohibiting the burial of vegetative debris on certain properties, etc."

"Preempting to the state" means removal of home rule: the decisions currently made by City of Orlando would be removed. Those decisions would be made by the State if the bill passes. 

The reason the Senator gave for creating this is he wanted to cut down trees and bury debris on his 1 acre of property, but according to City code, he had to get permits to remove the trees and had to pay the City for the removal of the debris. So, he filed this bill.

Readers can contact Senator Greg Steube below:

1. District Office - 6230 University Parkway Suite 202 Sarasota, FL 34240 (941) 342-9162 Senate VOIP: 42300
2. Tallahassee Office - 326 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1100 (850) 487-5023 Senate VOIP: 5023

Read the full text of Bill SB 574 below:

• Florida Senate - 2018 SB 574
• By Senator Steube

     
       23-00623A-18                                           2018574__
    1                        A bill to be entitled                      
    2         An act relating to tree and timber trimming, removal,
    3         and harvesting; creating s. 589.37, F.S.; preempting
    4         to the state the regulation of the trimming, removal,
    5         or harvesting of trees and timber on private property;
    6         prohibiting certain local governmental actions
    7         relating to the trimming or removal of trees or
    8         timber; prohibiting local governments from prohibiting
    9         the burial of vegetative debris on certain properties;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 589.37, Florida Statutes, is created to
   15  read:
   16         589.37 Regulation of tree and timber trimming, removal, or
   17  harvesting preempted.
   18         (1) The regulation of the trimming, removal, or harvesting
   19  of trees and timber on private property is preempted to the
   20  state.
   21         (2) A municipality, county, or other political subdivision
   22  of the state may not:
   23         (a) Prohibit or restrict a private landowner from trimming,
   24  removing, or harvesting trees or timber located on the
   25  landowner’s private property.
   26         (b) Require mitigation, including, but not limited to, the
   27  planting of trees or the payment of a fee, for the removal or
   28  harvesting of trees or timber from private property.
   29         (c) Prohibit the burial of trees, shrubs, palmettos, or
   30  other vegetative debris on properties larger than 2.5 acres.
   31         Section 2. This act shall take effect July 1, 2018.