Florida Statute 163.045: Removing a Dangerous Tree Without a Permit

There is exactly one route in Florida law that lets a homeowner take down a tree without asking the city or the county first. It is section 163.045 of the Florida Statutes, it is narrow, and almost everything said about it online is out of date.

It matters more in Pinellas County than almost anywhere else. Pinellas rewrote its entire tree code effective 23 January 2026, Chapter 58, Article XIX, sections 58-807 through 58-814, created by Ordinance No. 26-3 adopted 1-20-2026, and that new article contains no exemptions section at all. No dangerous-tree exemption. No dead-tree exemption. No storm exemption. A dead tree is simply a "Grade 0" tree under Table 58-813(a), which may be removed with an approved permit and without replanting. On the face of the codes cited across these pages, § 163.045 is the only path that removes the permit requirement outright.

Four conditions, all of which must be true

1. The property must be "residential property" as the statute defines it, § 163.045(1)(b): a single-family, detached building, on a lot actively used for single-family residential purposes, that is a conforming or legally recognized nonconforming use. Duplexes, townhomes, condominiums, apartments, commercial and industrial property, vacant lots and HOA common areas are all outside the definition.

2. The assessor must hold one of exactly two credentials, an arborist certified by the International Society of Arboriculture, or a Florida licensed landscape architect. Nothing else counts.

3. The document must be a real, signed, on-site assessment performed in accordance with ISA Best Management Practices – Tree Risk Assessment, Second Edition (2017). Not a photo review. Not a desk opinion. Signed by the person who did it.

4. The conclusion must clear the statutory bar, that removal is the only means of practically mitigating the tree’s risk below moderate. If pruning, cabling, bracing or moving the target underneath it would get risk below moderate, the statute does not authorize removal.

What the statute does not do

• It does not override mangrove regulation, subsection (4) is explicit, and Pinellas County holds delegated authority under Chapter 58, Article XVI.
• It does not reach trees in the public right-of-way. Pinellas County § 58-809: "No trees shall be removed from county-maintained right-of-way without an approved permit."
• It does not exempt the work from contractor licensing, insurance, or any other permit.
• It does not cover a tree that is merely messy, leaf-dropping, root-lifting a sidewalk or blocking a view. The below-moderate test is the whole gate.
• No Florida court decision, Attorney General opinion or agency declaratory statement interpreting § 163.045. Nothing on this page should be read as a prediction of how a court would rule.

Frequently asked questions

If I have the letter, do I still have to tell the city? The statute says the exemption applies "if the property owner possesses documentation." Its plain text does not condition the exemption on filing anything first. In practice St. Petersburg asks residents to email documentation to trees@stpete.org so the removal can be tracked, and we would keep the signed, dated report on hand before the saw starts either way.

My tree is dead. Isn’t that automatically covered? No. Dead is not the statutory test, unacceptable risk is, and it is a technical determination. Some jurisdictions handle dead trees more easily under their own code than under the statute: Clearwater’s definition of "protected tree" excludes hazardous trees, which expressly include dead, diseased, broken, split, cracked, leaning and uprooted trees, and Safety Harbor excludes a "Dead Tree" from protection and offers a free City Arborist inspection to confirm it. In unincorporated Pinellas County, by contrast, a dead tree still needs an approved permit.

Does 163.045 cover my palms? Unclear, and we are not going to guess. The statute does not define "tree." Tarpon Springs protects Cabbage and Sabal Palms at any size and its § 163.045 guidance does not address palms, The published code does not confirm whether the exemption reaches them. Ask the city before relying on it.

What happens if the documentation does not hold up? In unincorporated Pinellas County the penalty for an unauthorized removal is $150 per DBH inch (§ 58-810(c)), a 30-inch oak is $4,500, and § 58-810(b) makes liability joint and several across everyone who caused or contributed to the violation, including the contractor, and it follows people who no longer own the property.

Verified against F.S. § 163.045 (2025 compiled edition, flsenate.gov) and Pinellas County Code Ch. 58, Art. XIX as of July 2026. Ordinances change, if a detail matters to your decision, confirm the current text with the city first.