Who can do the risk assessment that Florida law requires?

The statute requires an onsite assessment following ANSI/ISA tree risk assessment best management practices, documented and signed by an ISA-certified arborist or a Florida-licensed landscape architect.

Can the city make me replant a tree I removed under this law?

Under the statute, a local government may not require replanting for a tree removed with the required documentation.

Florida's Hazard-Tree Law Explained (Statute 163.045)

Q: Does this law apply to any property?

It applies to residential property, meaning a single-family detached building on a lot actively used for single-family residential purposes.

Call (904) 584-3391

If a tree on your home’s lot is a danger, you may not have to go through the same permit process the city uses for other trees. Florida Statute 163.045 limits what a local government can require before you prune or remove a tree that poses an unacceptable risk.

What the law says, in plain English

A city or county may not require notice, an application, approval, a permit, a fee, or mitigation (such as replanting) for pruning, trimming, or removing a tree on residential property if the owner has documentation that the tree poses an unacceptable risk to persons or property.

What documentation counts

The documentation must come from an onsite assessment that follows the ANSI/ISA tree risk assessment best management practices, and it must be completed and signed by one of two kinds of professional:

an ISA-certified arborist, or
a Florida-licensed landscape architect.

“Unacceptable risk” is defined in the statute: removal must be the only practical way to reduce the risk below a “moderate” level.

Which property qualifies

The statute applies to residential property, meaning a single-family detached building on a lot actively used for single-family residential purposes.

What to do if you think a tree is dangerous

Do not wait for the next storm. Leaning, cracked, hollow, or dead trees are the ones that fail.
Hire an ISA-certified arborist (or a Florida-licensed landscape architect) to do a written risk assessment. Ask for the report in writing.
Keep the report. If the city asks questions, it is your documentation.
Get written estimates for the removal.

Limits

This law does not cover every situation. It does not change HOA rules, and it does not apply to trees on someone else’s property. Because this is general information and not legal advice, check with the city or an attorney if you are unsure.

Related: Do you need a permit to remove a tree in Jacksonville? and hiring a tree service. To get connected with a local tree service, call (904) 584-3391 or send a request below.