Understanding Florida Tree Removal Law

Florida Florida Statute §163.045 allows owners of residential property to remove certain trees when a certified arborist documents that the tree presents an unacceptable risk to people or property. This guide explains how the process typically works and when homeowners and real estate professionals commonly encounter this situation.

Why This Law Exists

Florida experiences frequent storms, high winds, and weather conditions that can place stress on trees growing near homes and other residential structures. The law recognizes that homeowners may need a clear and consistent path to address trees that present a safety concern. Professional evaluation by a certified arborist provides a standardized method for documenting risk and supporting responsible decision-making.

When This Law Is Commonly Used

This law is commonly referenced by homeowners with trees located near houses, garages, driveways, patios, or other residential structures. It often arises during home purchases, property improvements, insurance concerns, or storm preparation planning when a homeowner wants professional guidance about a tree near the home.

The statute allows homeowners to bypass municipal requirements for permit application and mitigation when a tree poses an acceptable risk under the law's guidelines.

How The Process Typically Works

When a homeowner or buyer has concerns about a tree near a residence or frequently used area of the property. A certified arborist evaluates the tree and documents observable conditions at the time of inspection. If the arborist determines that the tree presents a risk to people or property, written documentation is provided to the property owner. The property owner can then determine how to proceed based on that documentation.

The Roll of the Certified Arborrist

Certified arborists are trained to evaluate tree condition, structure, and site factors that influence risk. Professional documentation is based on observable conditions at the time of the evaluation and follows recognized arboricultural standards. This documentation helps homeowners make informed decisions about protecting people and property, and also provides clarity during property transactions and planning discussions.

Limitations and Responsibilty

Tree evaluations represent professional opinions based on conditions observed at the time of inspection. Tree condition can change over time due to weather, site disturbance, or lack of maintenance. Property owners remain responsible for decisions regarding their property and for confirming any additional requirements that may apply to their situation.

Guide Updates

This guide is provided for general informational purposes and may be updated periodically to reflect changes or clarifications in laws, regulations, or professional standards.

Need a Professional Evaluation?

ArborManagers provides tree risk assessments and professional arborist documentation for residential properties throughout Florida.