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FL S0724

Bill

Status

Failed

6/16/2025

Primary Sponsor

Jonathan Martin

Click for details

Origin

Senate

2025 Regular Session

AI Summary

  • Creates the "Fallen Tree Act" (s. 768.396, F.S.), establishing that a property owner is liable for any damages to neighboring properties caused by trees, shrubs, or branches located on their property, with ownership determined by where the tree or shrub is rooted in the ground
  • Replaces the current "Massachusetts Rule" framework, under which property owners who suffer damage from a neighbor's fallen tree bear the cost of repairs themselves absent a showing of negligence by the tree owner
  • Preserves a property owner's existing right to use self-help to remove or sever branches or roots that encroach over, onto, or under their own property
  • Allows any property owner to remove a tree or shrub growing on two or more parcels after providing 30 days' written notice via certified mail and posting on a prominent location on the other affected parcels
  • Exempts property owners whose parcels exceed 5 acres from the new liability provisions, and the act takes effect July 1, 2025

Legislative Description

Property Owner Liability

Last Action

Died in Banking and Insurance

6/16/2025

Committee Referrals

Banking and Insurance4/2/2025

Full Bill Text

No bill text available