FLORIDA - A proposed Florida law could shift the responsibility for fallen trees from property owners who suffer damage to the owners of the trees themselves.
Under Florida’s existing property laws, commonly referred to as the "Massachusetts Rule," homeowners are allowed to trim overhanging branches and roots from a neighbor’s tree if they cross into their property.
However, if a neighbor’s tree or shrub falls onto their property—whether due to storms, decay, or other natural causes—the homeowner is responsible for cleanup and any repairs unless they can prove that the tree owner was negligent, such as failing to remove a dead or hazardous tree.
A new bill, known as the "Fallen Tree Act," aims to change this by holding tree owners accountable for any damage their trees or shrubs cause to neighboring properties.
The legislation would determine tree ownership based on where the tree is rooted, making the property owner responsible for any resulting damage.
Additionally, the bill would allow property owners to remove trees or shrubs growing on boundary lines without needing approval from adjacent property owners, provided they give at least 30 days’ written notice and post a visible notice on the property.
The proposed law includes certain exemptions, specifically excluding property owners with land exceeding five acres.
As of early 2025, the House and Senate versions of the bill—HB 599 and SB 724—are under consideration in the Florida Legislature.
If passed and signed into law by Governor Ron DeSantis, the measure would take effect on July 1st, 2025, just after the start of hurricane season.
The bill has generated debate among property owners, insurance companies, and legal experts.
Supporters argue that it would encourage better tree maintenance and prevent disputes between neighbors, while opponents worry that it could lead to an increase in unnecessary tree removals out of fear of liability.
As the legislative session moves forward, Florida residents are urged to follow the progress of this bill and assess how it may impact property rights and responsibilities.