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Mr. Wesley R. Poole Fernandina Beach City Attorney Post Office Box 1280 Fernandina Beach, Florida 32035

Dear Mr. Poole:

You have asked for my opinion on substantially the following question:

Is the City Commission of the City of Fernandina Beach authorized to adopt and enforce an ordinance pursuant to section 162.21, Florida Statutes, prohibiting the removal of trees without a permit with a penalty of $12,500 or more for violation of that ordinance?

In sum:

The City of Fernandina Beach is authorized to utilize enforcement mechanisms other than section 162.21, Florida Statutes, to enforce a "tree…