Florida 2025 Regular Session

Florida House Bill H0599 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 599 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to property owner liability; creating 2
16	16	s. 768.396, F.S.; providing a short title; providing 3
17	17	legislative findings and purpose; providing that a 4
18	18	property owner is liable for damages caused by trees 5
19	19	or shrubs located on his or her property when they 6
20	20	fall on another's property; providing applicability; 7
21	21	providing that trees and shrubs located on two or more 8
22	22	parcels may be removed by any of the propert y owners 9
23	23	after serving proper notice and posting on the other 10
24	24	parcels; providing an exception; providing an 11
25	25	effective date. 12
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27	27	Be It Enacted by the Legislature of the State of Florida: 14
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29	29	Section 1. Section 768.396, Florida Statutes, is created 16
30	30	to read: 17
31	31	768.396 Trees, shrubs, or branches. — 18
32	32	(1) SHORT TITLE.—This section shall be known and may be 19
33	33	cited as the "Fallen Tree Act." 20
34	34	(2) LEGISLATIVE FINDINGS AND PURPOSE. — 21
35	35	(a) The Legislature finds that trees and shrubs, and the 22
36	36	branches thereof, may c ause damage to property when they grow or 23
37	37	fall and that such damage is costly to property owners. The 24
38	38	Legislature further finds that Florida's population growth over 25
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40	40	HB 599 2025
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	the past half century has largely been located in neighborhoods 26
52	52	with residences located on small lots with trees and shrubs that 27
53	53	grow precariously close to property lines, with branches or 28
54	54	roots encroaching over and under structures on neighboring 29
55	55	properties or hanging close enough to cause damage to such 30
56	56	properties should such trees or shrubs, or branches thereof, 31
57	57	fall. 32
58	58	(b) The Legislature finds that currently, under the 33
59	59	"Massachusetts Rule," Florida property owners are permitted to 34
60	60	use self-help to eliminate branches and roots that encroach over 35
61	61	their property line. However, owners of proper ty located within 36
62	62	a zone of danger of a fallen tree or shrub growing on another's 37
63	63	property are not permitted to maintain or remove the vegetation 38
64	64	on another's property without that owner's permission. 39
65	65	(c) The Legislature finds that property owners who su ffer 40
66	66	damage when neighbors' trees or shrubs fall are responsible for 41
67	67	repairing such damage, which can cause their insurance premiums 42
68	68	to rise or insurance companies to cancel their policies, and 43
69	69	that the property owner whose trees or shrubs create such dama ge 44
70	70	is not liable for the damage, absent a showing of negligence on 45
71	71	his or her part. 46
72	72	(d) The purpose of this act is to protect property owners 47
73	73	from bearing the burden of responsibility when they suffer 48
74	74	damage to their property caused by trees or shrubs lo cated on 49
75	75	neighboring property. 50
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77	77	HB 599 2025
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	(3) TREES OR SHRUBS, OR BRANCHES THEREOF; LIABILITY. —A 51
89	89	property owner on whose property a tree or shrub is located is 52
90	90	liable for any damages to neighboring properties caused by the 53
91	91	tree or shrub, or the branches thereof. Fo r the purposes of this 54
92	92	section, the location where the tree or shrub is or was rooted 55
93	93	in the ground determines ownership of such tree or shrub and the 56
94	94	branches thereof. 57
95	95	(a) This section does not limit the ability of a property 58
96	96	owner to use self-help to remove or sever the branches or roots 59
97	97	of a tree or a shrub that grows over, onto, or under their own 60
98	98	property. 61
99	99	(b) Trees and shrubs growing on two or more parcels may be 62
100	100	removed by any of the property owners after 30 days' written 63
101	101	notice has been provided to the other property owners through 64
102	102	certified mail and posting on a prominent location on the other 65
103	103	parcels. 66
104	104	(c) This section does not apply to a property owner of a 67
105	105	parcel that is greater than 5 acres in area in which a tree or a 68
106	106	shrub is located. 69
107	107	Section 2. This act shall take effect July 1, 2025. 70