Proposed law shifts tree damage liability in Southwest Florida neighborhoods

A new proposal, the “Fallen Tree Act,” could change Florida’s current property damage liability laws.

Presently, if a tree falls from a neighbor’s yard onto your property, you are responsible for the damages. This proposal seeks to shift that responsibility to the tree owner.

Debbie Fauske, a homeowner, shared her experience with property damage.

“We’ve lived through a flood ourselves, and it was so devastating. It was just so hard not having a home for, you know, a while,” said Fauske. “I mean, we had to live in my aunt’s basement.”

Edward Jimenez, a property insurance lawyer, highlighted the risks homeowners face under current law if their neighbors do not properly maintain their trees.

“The way the law stands in Florida, homeowners are at risk if their neighbors are not properly maintaining their trees,” said Jimenez.

Jimenez explained the concept behind the proposed act.

“The best way I can explain it is it’s kind of like you break it, you buy it,” said Jimenez. “It’s the same concept; if you caused the damage, it doesn’t matter if you were being careful or not. It’s your responsibility to your neighbor to fix whatever damages your tree caused.”

Junior Velasquez, owner of B & L Landscaping, mentioned the potential financial challenges.

“Especially if it’s their big trees, and sometimes both parties don’t have, don’t have the funds,” said Velasquez.

The new law could relieve some homeowners, but it could also add stress for others, like Fauske.

“I can’t imagine adding more stress and more expense, more maybe legal problems,” said Fauske. “That would be another thing on top of it that would make it even worse.”

The act specifies that any owners may remove trees and shrubs growing on two or more properties with 30 days written notice. It would not apply to properties greater than five acres. If the bill becomes law, it will take effect on July 1.