A proposed bill in the Florida Senate, known as SB 724 or the "Fallen Trees Act," aims to hold property owners accountable for damages caused by trees on their property falling onto neighboring properties. Introduced by Republican Senator Jonathan Martin, the legislation will be reviewed in the upcoming session. The bill stipulates that the location of a tree’s roots will determine ownership and, consequently, who is financially responsible for any resulting damage.
Senator Martin posed a critical question, asking, "Should responsibility fall on the tree owner who perhaps neglected maintenance, the individual who planted the tree too close to their neighbor’s property, or the person whose property suffered damage?" His inquiry, reported by WFLA, underscores the complexities of property damage accountability.
Following a particularly destructive hurricane season, many property owners find themselves dealing with the aftermath of fallen trees. Companies specializing in tree removal, such as Albert & Ellis Landscaping and Tree Services, continue to receive numerous requests for aid. According to Jay Harrold, the company’s owner, nearly half of the calls involve clients needing to address damage from a neighbor's fallen tree. In certain situations, repair costs have soared to $15,000.
"Many tree owners simply lack awareness or the financial means to maintain their trees," Harrold explained, advising property owners to have their trees inspected to ensure safety. Senator Martin believes that his bill will foster greater responsibility among tree owners. "With more prudent decision-making and safer trees for our community’s environment, property damage will decrease, insurance claims will drop, and, ultimately, insurance rates will decline," Martin asserted.
Currently, as noted by Anthony Talcot on ClickOrlando, property owners have the right to trim branches and roots that cross into their land from a neighbor's property. However, if a tree or shrub spans two separate properties, both owners must consent to its removal, which can be problematic if one property is threatened by the tree's potential fall.
Under the new House proposal, property owners can remove a tree growing across multiple plots by providing a 30-day written notice to the other owner. This adjustment aims to simplify the process and reduce risks associated with shared tree ownership.
Understanding Florida's Proposed Tree Liability Legislation
What is the purpose of Florida's SB 724 bill?
The SB 724 bill, or "Fallen Trees Act," aims to make property owners responsible for damages caused by trees on their land that fall onto neighboring properties.
Who introduced the "Fallen Trees Act" in Florida?
The bill was introduced by Republican Senator Jonathan Martin.
How does the proposed legislation determine tree ownership?
Tree ownership is determined by the location of the tree's roots, which establishes who is responsible for any damage it causes.
What changes does the new House proposal introduce?
The House proposal allows property owners to remove trees growing across multiple plots by providing a 30-day written notice to the other owner, simplifying the process and reducing risks.