The Administration recommends the adoption of the Resolution.

On July 1, 2019, Section 163.045, Florida Statutes (Fla. Stat.) came into effect. This Statute preempts municipalities from requiring a notice, application, approval, permit, fee, or mitigation for tree pruning, trimming, or removal on residential property.

On January 12, 2021, the Florida House Bill (HB) 6023 was filed. On January 13, 2021, the Florida Senate Bill (SB) 596 was filed. Both HB 6023 and SB 596 seek to repeal Section 163.045 Fla. Stat.  On January 22, 2021, HB 6023 was referred to the Local Administration and Veterans Affairs Subcommittee, the Commerce Committee, and the State Affairs Committee.

In 2015, the City of Miami Beach adopted the Tree Preservation & Protection Ordinance, which established the tree permitting and mitigation program to protect and enhance the tree canopy on both public and private property. The average life of a tree in the City property is estimated to be 8 years due to environmental conditions including high groundwater table, limited space for planting, tree abuse, and improper maintenance. The Tree Preservation & Protection Ordinance helps to ensure the health and well-being of the City’s tree canopy. About 80% of the City's canopy is located on private property, therefore it is crucial for the City to be able to enforce and protect trees on private property.

In 2018, 70% of voters in Miami Beach approved the General Obligation Bond that included $5 million for Reforestation Projects. Reforestation efforts lead to exponential growth of the benefits received by our urban forest through enhanced walkability, improved stormwater management capacities, increased habitat for birds and wildlife, greenhouse gases absorption, and reduced heat island impacts.

Section 163.045 Fla. Stat. allows for pruning or removal of any tree on any Florida residential property without a permit if a certified arborist or a Florida-licensed landscape architect creates documentation that the tree “presents a danger to persons or property”. However, Section 163.045 Fla. Stat. does not provide for any definition or modifier of the word “danger”, leaving the law vague and vulnerable to abuse.

Moreover, landscape architects typically do not have special training in assessing tree danger, and while certified arborists have an option take a specialized course and become qualified in “Tree Risk Assessment,” Section 163.045 Fla. Stat. does not mandate having this additional expertise.

Local governments are in a better position to determine which trees in their neighborhoods are “dangerous” to persons or property and should be able to stablish and enforce policies on tree pruning, trimming, or removal on residential property.  Miami Beach has a Tree Preservation Ordinance that addresses instances where trees deemed as imminent danger by a certified arborist are exempt from requiring a tree removal permit.

About 51% of our residents reported being not satisfied with the City’s tree canopy coverage during our community survey. In addition, less than half of Miami Beach residents are satisfied with the City’s efforts to be a green or sustainable city. Reducing GHG emissions and protecting and increasing our tree canopy are important actions to increasing satisfaction.

The Administration recommends the adoption of the Resolution.