F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 55 2023
1 A bill to be entitled
2 An act relating to trees and other vegetation within
3 rights-of-way; amending s. 337.405, F.S.; authorizing
4 the Department of Transportation to suspend the
5 prohibition against the removal or cutting of certain
6 trees or other vegetation in response to a state of
7 emergency declared by the Governor; requiring the
8 department to adopt guidelines relating to the removal
9 or cutting of such trees or other vegetation for the
10 purpose of clearing debris generated during a declared
11 state of emergency; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 337.405, Florida Statutes, is amended
16 to read:
17 337.405 Trees or other vegetation within rights-of-way of
18 State Highway System or publicly owned rail corridors; removal
19 or damage; penalty.—
20 (1) The removal, cutting, marring, defacing, or
21 destruction of any trees or other vegetation, either by direct
22 personal action or by causing any other person to take such
23 action, within the rights-of-way of roads located on the State
24 Highway System or within publicly owned rail corridors is
25 prohibited unless:
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26 (a) Prior written permission to remove or cut such trees
27 or other vegetation has been granted by the department, except
28 where normal tree trimming is required to ensure the safe
29 operation of utility facilities and such tree trimming is
30 performed in accordance with the facility's provisions of its
31 utility accommodations guide, and any subsequent amendments
32 thereto; or
33 (b) The department suspends the prohibition against the
34 removal or cutting of such trees or other vegetation in response
35 to the issuance by the Governor of an executive order or
36 proclamation declaring a state of emergency.
37 (2)(a) The department shall adopt rules for the
38 implementation of this section to achieve protection of
39 vegetation while at the same time ensuring assuring safe utility
40 operations.
41 (b) The department shall adopt guidelines relating to the
42 removal or cutting of trees or other vegetation within the
43 rights-of-way of roads located on the State Highway System or
44 within publicly owned rail corridors for the purpose of clearing
45 debris generated during a declared state of emergency including ,
46 but not limited to, a named tropical storm or hurricane.
47 (3)(2) A Any person who violates subsection (1) commits
48 the provisions of this section is guilty of a misdemeanor of the
49 second degree, punishable as provided in s. 775.082 or s.
50 775.083.
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51 Section 2. This act shall take effect July 1, 2023.
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Statutes affected:
H 55 Filed: 337.405