summary
Introduced
02/13/2025
02/13/2025
In Committee
02/19/2025
02/19/2025
Crossed Over
Passed
Dead
06/16/2025
06/16/2025
Introduced Session
2025 Regular Session
Bill Summary
An act relating to property owner liability; creating s. 768.396, F.S.; providing a short title; providing legislative findings and purpose; providing that a property owner is liable for damages caused by trees or shrubs located on his or her property when they fall on another's property; providing applicability; providing that trees and shrubs located on two or more parcels may be removed by any of the property owners after serving proper notice and posting on the other parcels; providing an exception; providing an effective date.
AI Summary
This bill, known as the "Fallen Tree Act," addresses property owner liability for trees and shrubs that cause damage to neighboring properties. Currently, under the "Massachusetts Rule," property owners can trim branches and roots crossing their property line, but they cannot remove trees on another's property. The bill changes this by making the property owner where a tree or shrub is rooted liable for any damage caused when it falls on a neighboring property. The legislation recognizes that Florida's population growth has led to more closely spaced properties with trees that can potentially cause damage. The bill allows property owners to use self-help to remove branches or roots crossing their property line and permits removal of trees growing on multiple parcels after providing 30 days' written notice to other property owners. Importantly, the law does not apply to properties larger than 5 acres. The bill aims to protect property owners from bearing the financial burden of damage caused by trees or shrubs from neighboring properties, potentially affecting insurance claims and premiums. The new law will take effect on July 1, 2025.
Committee Categories
Justice
Sponsors (2)
Last Action
Died in Civil Justice & Claims Subcommittee (on 06/16/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2025/599 |
| BillText | https://www.flsenate.gov/Session/Bill/2025/599/BillText/Filed/PDF |
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