Florida Residential Tree Removal Preemption

Section 163.045, Florida Statutes, provides that 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 ISA-certified arborist or licensed Florida landscape architect that the tree presents a danger to persons or property. The statute also prohibits requiring replanting a tree that was removed under this section. The preemption applies regardless of whether the tree is a heritage or specimen tree.

Local governments that enforce removal permit requirements in violation of Section 163.045 may be subject to declaratory judgment, injunction, and attorney-fee awards under the statute.