City of Maitland

Decision Item

Resolution - Tree Protection Preemption




  1. Printout
  2. RESOLUTION Tree Protection Preemption Jan 2018 (This file has not yet been converted to a viewable format)
  3. SB 574 Florida Senate 2018

Financial Impact


Meeting History

Jan 8, 2018 6:30 PM Media City Council Regular Meeting
draft Draft

The City Clerk read, by title, a resolution of the City of Maitland, Florida, strongly opposing the passage of Senate Bill 574 and House Bill 521 which would preempt local tree protection ordinances such as those currently in place in the City of Maitland; directing the City Manager to circulate the resolution to the Florida Legislature; providing an effective date.

The City Manager stated the proposed bills are an attempt by Florida legislators as part of a seeming attack on home rule in various areas. She stated Maitland has a strong and effective tree protection ordinance designed to protect and enhance the tree canopy within the City. The City's tree protection regulations provide reasonable and sensible exemptions, including removal of prohibited species and dead or diseased trees, among others. The proposed bills would gut our ordinance and preempt to the State the regulation of trimming, removal, or harvesting of trees and timber on private property; prohibit local governments from prohibiting the burial of vegetative debris on certain properties; and, prohibit local governments from requiring mitigation, including the replanting of trees or payment of a fee for the removal of trees. She noted Vice Mayor Goff-Marcil requested the proposed resolution and noted this is one of approximately ten bills in which legislators are trying to preempt, to the State, what use to be in the purview of the local government and counties. Vice Mayor Goff-Marcil provided background information as to her interest in the resolution for the Tree Protection Preemption. City Attorney Shepard stated this is an ongoing trend and we are continuing to see it as an attack on home rule. He suggested, in addition to adopting the resolution, if we want to retain the ability to regulate ourselves, we need to talk to local legislators.

After discussion, a motion was made to enact Resolution #1-2018 opposing the passage of Senate Bill 574 and House Bill 521 which would preempt local tree protection ordinances. Councilman Lowndes made a friendly amendment to include all Council signatures on the resolution. The friendly amendment was accepted.

MOVER:Joy M. Goff-Marcil, Vice Mayor
SECONDER:Bev Reponen, Councilwoman
AYES:Dale McDonald, Joy M. Goff-Marcil, John P. Lowndes, Bev Reponen, Mike Thomas