The Front Burner:
Who should control Florida trees?
Well, it looks like another year of the Florida Legislature threatening local Home Rule. This time one of the more egregious proposed bills, Senate Bill 574, would strip local government of its authority to regulate the removal of healthy trees within its jurisdiction. Because more than 60 percent of the trees grow on private property, this bill specifically threatens the very character and charm of cities like Winter Park.
Winter Park is known for its quaint downtown, abundance of parks and tree-lined streets. We have earned the Tree City USA designation for 38 straight years, which honors cities that value their urban forests. We are a planned community, and for 130 years our leaders have protected our cherished character through deliberate planning and thoughtful regulations. Every tree planted contributes to the warm, treasured canopy we enjoy. The ability for property owners to remove healthy trees without local government involvement would put our lush tree canopy at risk.
I am a strong believer in private-property rights. The proponents of this bill claim that is what this legislation is about. However, it is actually a bill that would protect the property rights of a few at the expense of many.
Property rights begin when we decide where to buy. People choose to purchase property where the character of the community fits their lifestyle. If residents want to park a boat or motorhome in their front yard, operate a home mechanic shop or clear-cut all of the trees off their property, they choose a place where that is allowed. There is nothing wrong with any of these items, and there are great communities that allow for that.
If, however, people want to live in an area that protects individual property values and provides a higher level of tranquility by regulating against certain behaviors, they choose to purchase property in a community like Winter Park. It is through our local public process that we have created thoughtful regulations to provide and protect this type of unique environment.
Our city regulates the conditions by which one can remove a healthy tree. Senate Bill 574 attacks this by allowing anyone to chop down a perfectly healthy 100-year-old live oak on his property just because he or she wants to. The impact to property value or comfort of those living next door is disregarded and ignored. Do some cities overregulate? I am sure some people think so, and even some who live in Winter Park. But I hear from many more who don’t think our tree regulations are strict enough. Today, because of Home Rule, if people think the rules need to change, they can simply email, call or speak directly to their local officials, and if enough do so, change happens. When the state goes too far — like SB 574 does — the voice of the local community is lost.
The Home Rule language in Florida comes from the 1968 Florida Constitution revision that was adopted by the people. It states in Article VIII, Section 2(b):
“Municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise power for municipal purposes except as otherwise provided by law.”
The ability for each community to decide through its local elected officials what is important for the community is one of the main reasons cities exist. If the state is going to just apply a onesize-fits-all approach to governing, then cities like Winter Park that pride themselves in maintaining a certain charm will begin to homogenize into looking like every other unregulated city.
Please contact your legislators and urge them to support Home Rule and our community’s ability to keep our healthy trees and protect the charm and character of our individual cities and towns.
When the state goes too far — like Senate Bill 574 does — the voice of the local community is lost.