Number:
INFORMAL
Issued
Mr. Robert K. Robinson
North Port City Attorney
2750 South Tuttle Avenue, Suite 3
Sarasota, Florida 34237
RE: MUNICIPALITIES–CHARTERS–TREES–adoption of charter amendment relating to protection of trees. s. 166.031, Florida Statutes.
Dear Mr. Robinson:
As attorney for the City of North Port, Florida, you have asked whether section 166.031, Florida Statutes, would authorize the amendment of the municipal charter to include a tree protection provision. Attorney General Butterworth has asked that I respond to your letter.
Section 166.031, Florida Statutes, authorizes the electors of a municipality, by petition signed by 10 percent of the registered electors of that municipality, to submit a referendum proposal for a charter amendment. The statute provides that such amendment "may be to any part or to all of said charter except that part describing the boundaries of such municipality."[1]
Following verification of the signatures of the required number of electors, the governing body of the municipality is required to place the proposed amendment contained in the petition to a vote of the electors. This vote must take place at the next general election held within the municipality or at a special election called for such purpose.[2]
Upon adoption of the charter amendment, the governing body of the municipality must incorporate the amendment into the charter and must file the revised charter with the Department of State.[3] All such amendments are effective on the date specified in the amendment or as otherwise provided in the charter.[4]
With the exception of changes to the boundaries of a municipality, nothing in section 166.031, Florida Statutes, limits the subjects upon which municipal electors may propose charter amendments. While a number of local governments currently enforce this type of environmental provision in the form of tree protection ordinances,[5] I am aware of nothing which would prohibit the inclusion of such a provision in a municipal charter.
Thank you for allowing this office to assist you in resolving this matter. I trust that these informal comments will be helpful.
Sincerely,
Gerry Hammond
Assistant Attorney General
GH/tgk
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[1] Section 166.031(1), Fla. Stat.
[2] Section 166.031(1), Fla. Stat.
[3] Section 166.031(2), Fla. Stat.
[4] Section 166.031(2), Fla. Stat.
[5] See Op. Att'y Gen. Fla. 00-53 (2000), copy enclosed.