Quote:
Originally Posted by Nell57
Once a live oak has a diameter of a 4” trunk, it is a protected tree in the state of Florida.
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That assertion is wrong. All protections if they exist are local not state regulation. In fact in 2019 the state passed a new law which is designed to remove any local restrictions on the removal of problem trees on private property.
DeSantis signs bill weakening Tampa’s tree ordinance
Not even trees are safe from the Florida Legislature | Editorial
This new law has not yet been tested in the courts as far as I know. Also, here in TV there is an issue of whether this law has the effect of negating the ARC's authority to prohibit tree removal. As our regulation is not the result of a local law it may not. We are bound by a set of rules per a contract we signed. Generally a contract can regulate our behavior well beyond what a law regulates. For example we all can pretty much talk about anything. But if you signed a non-disclosure agreement as a private person that contract prohibits your discussing the covered issues. No crying 1st amendment and freedom of speech, unless the NDA is for some other reason found un-enforceable. So contracts can trump law.