Updates to Florida Statute 163.045 – Tree Removal
In July 2019, Florida Statute 163.045 came into effect. This statute deals with tree removal and reads:
(1) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property.
(2) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.
(3) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321-403.9333.
Fla. Stat. § 163.045
Added by 2019 Fla. Laws, ch. 155,s 1, eff. 7/1/2019.This section is set out more than once due to postponed, multiple, or conflicting amendments.
On July 1, 2022, updates to this statute go into effect, specifically, defining “documentation” and “residential property:”
Section 163.045 – [Effective 7/1/2022]
Tree pruning, trimming, or removal on residential property
(1) For purposes of this section, the term:
(a) “Documentation” means an onsite assessment performed in accordance with the tree risk assessment procedures outlined in Best Management Practices – Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture (ISA) or a Florida licensed landscape architect and signed by the certified arborist or licensed landscape architect.
(b) “Residential property” means a single-family, detached building located on a lot that is actively used for single-family residential purposes and that is either a conforming use or a legally recognized nonconforming use in accordance with the local jurisdiction’s applicable land development regulations.
(2) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner possesses documentation from an arborist certified by the ISA or a Florida licensed landscape architect that the tree poses an unacceptable risk to persons or property. A tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practices – Tree Risk Assessment, Second Edition (2017).
(3) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.
(4) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321-403.9333.
Fla. Stat. § 163.045
Amended by 2022 Fla. Laws, ch. 121,s 1, eff. 7/1/2022.Added by 2019 Fla. Laws, ch. 155,s 1, eff. 7/1/2019.This section is set out more than once due to postponed, multiple, or conflicting amendments.
If you have further questions about this statute, please contact Public Works Director, Tonya Elliott-Moore 407-876-2563 ext 5325.
If you have further questions regarding the tree removal process, please contact Theresa Syphers 407-876-2563 ext 5327.