Florida Tree Removal Law: When Do You Need an Arborist?

If you have a dead, damaged, leaning, or potentially dangerous tree on your Southwest Florida property, you may have heard that Florida law requires an arborist to approve the tree before it can be removed. The law is a little more specific than that.

Under Florida Statute §163.045, a homeowner may qualify to remove a hazardous tree without local government permitting, fees, mitigation, or approval — when proper documentation shows the tree poses an unacceptable risk to people or property. That documentation must come from an ISA Certified Arborist or a Florida-licensed landscape architect.

What Does Florida's Tree Removal Law Require?

For a homeowner to use the state exemption, the tree must receive an onsite assessment. The assessment must follow recognized tree-risk-assessment procedures and be signed by either:

• An arborist certified by the International Society of Arboriculture (ISA), or
• A Florida-licensed landscape architect.

The professional must determine that the tree creates an unacceptable risk to people or property, and that removing the tree is the only practical way to reduce that risk below a moderate level. Simply believing a tree looks unhealthy or dangerous does not automatically qualify it for the exemption.

What Is Considered a Dangerous Tree?

A tree may need professional evaluation when you notice problems such as:

• Large dead or broken branches
• Significant trunk damage or major cracks
• Severe leaning, especially toward a structure
• Root damage or exposed, lifting roots
• Decay, cavities, or fungal growth in the trunk
• Storm damage from hurricanes or tropical storms
• Declining or dead sections of the canopy
• A tree threatening a home, driveway, vehicle, or utility lines

Not every damaged tree needs to be removed. In some cases, professional pruning or corrective work can reduce the risk significantly. That's one reason a qualified tree-risk assessment matters — you may have more options than you think.

Why Is Arborist Documentation Important?

Florida's law helps create a documented process for determining whether a tree presents an unacceptable risk. If the tree qualifies under the statute and the property owner has the required documentation, the local government generally may not require a tree-removal notice, application, permit, fee, mitigation, or replacement tree for that removal.

Homeowners should retain a copy of the signed assessment with their property records. This protects you if questions arise later from the county, your HOA, or a neighbor.

Does This Apply to Every Florida Property?

No. Florida Statute §163.045 specifically defines the residential property covered as a single-family detached home on a lot actively being used for single-family residential purposes. The law does not override Florida's separate mangrove protections.

Trees that do not meet the statute's risk requirements may still be subject to city or county tree-removal ordinances. Charlotte County, Sarasota County, and each municipality within them may have their own rules. Homeowners should verify local requirements before removing any tree.

Don't Wait Until a Storm Is Coming

Southwest Florida homeowners know how quickly tropical weather, strong winds, and heavy rainfall can expose weaknesses in trees. If you have a questionable tree near your house, roof, pool enclosure, driveway, utility area, or other structure, it is far better to have it evaluated before severe weather arrives than during or after a storm emergency.

Warning signs such as dead limbs, cracks, decay, leaning, or root damage should not be ignored — especially heading into hurricane season.

Tree Services in Southwest Florida

Barracuda Landscape & Curbing helps homeowners maintain safer, healthier, and more attractive properties throughout Punta Gorda, Port Charlotte, North Port, Englewood, and Deep Creek. Our tree trimming and removal services address problem trees as part of a broader approach to property maintenance.

If a tree appears dangerous, understanding your options — including what documentation you may need — can help you move forward with confidence and stay in compliance with Florida requirements.