A new bill, known as the Fallen Tree Act, is set for discussion in Florida’s ongoing 2025 legislative session.

Sponsored by Florida House Representative Nan Cobb (R), HB 599 aims to hold property owners responsible for trees, branches, or shrubs originating from their land when they fall onto neighboring properties.

“It happens quite a bit. It always seems to be the neighbor’s tree that falls on your house,” Peter Fernandez, President of Pete & Ron’s Tree Service, told WTVT.

Currently, Florida follows a “no-fault” rule, meaning the property owner where the tree falls is typically responsible for damages (and not the owner of the property on which the tree is planted). This often leads to homeowners paying deductibles, increased insurance premiums, or even policy cancellations.

Fernandez noted that tree ownership can become complicated when trees grow beyond property lines. “Once that tree extends onto the property line, it becomes both owners’ trees,” he explained.

The Fallen Tree Act still allows property owners to trim overhanging branches but does not apply to landowners with parcels larger than five acres.

However, Fernandez warns that the bill could complicate insurance claims. “It’s been this way for 50 years. If this passes, determining liability could become a legal mess,” he said.

For more details on the Fallen Tree Act, visit: Florida Senate – HB 599.

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(Image credit: WTVT)

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