TALLAHASSEE, Fla. – With less than a month until the next Legislative session in Florida, lawmakers have been busy filing bill after bill in attempts to update state law.
Among the latest of these bills is HB 599 — dubbed the “Fallen Tree Act” — which was filed by Rep. Nan Cobb (R-26) on Thursday.
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As the name implies, this piece of legislation is aimed at dealing with fallen trees and shrubbery within the state. Its Legislative purpose reads as follows:
“The Legislature finds that trees and shrubs, and the branches thereof, may cause damage to property when they grow or fall and that such damage is costly to property owners.
The Legislature further finds that Florida’s population growth over the past half-century has largely been located in neighborhoods with residences located on small lots with trees and shrubs that grow precariously close to property lines, with branches or roots encroaching over and under structures on neighboring properties or hanging close enough to cause damage to such properties should such trees or shrubs, or branches thereof, fall...
The Legislature finds that property owners who suffer damage when neighbors’ trees or shrubs fall are responsible for repairing such damage, which can cause their insurance premiums to rise or insurance companies to cancel their policies, and that the property owner whose trees or shrubs create such damage is not liable for the damage, absent a showing of negligence on his or her part.”
House Bill 599
Currently, property owners in the state are allowed to take down branches and roots that encroach over their property line from a neighboring plot of land.
However, if a tree or shrub is growing on two separate properties, then both owners would have to agree before the plant can be removed — a situation that can be an issue if a person’s home is at risk of a falling tree.
And that’s where this bill comes in.
Under HB 599, property owners would be liable if a tree or shrub (or any branches on the plant) falls onto a neighbor’s property and causes damage.
“The location where the tree or shrub is or was rooted in the ground determines ownership of such tree or shrub and the branches thereof,” the bill reads.
Furthermore, the bill would allow a property owner to remove a tree or shrub from his/her property even if the plant is growing on two or more parcels of land. To do so, an owner would simply have to give 30 days’ written notice to the other property owner(s).
The only exception included in the bill is if a property is over 5 acres.
“The purpose of this act is to protect property owners from bearing the burden of responsibility when they suffer damage to their property caused by trees or shrubs located on neighboring property,” the bill continues.
If approved, the bill would take effect on July 1.