Florida House passes tree liability bill impacting property owners

A new legislative proposal, House Bill 599, introduced in the Florida State Legislature on February 13, 2025, aims to clarify property owners' responsibilities regarding trees and shrubs that may encroach on neighboring properties. This bill seeks to address ongoing disputes between homeowners over property lines and the potential damage caused by overhanging branches or roots.

The key provision of HB 599 establishes that property owners will be liable for any damages caused by trees or shrubs located on their property. This means that if a tree falls or branches break off and damage a neighbor's property, the owner of the tree could be held financially responsible. The bill also allows property owners to take action to remove or sever branches or roots that extend onto their property, emphasizing the right to self-help in managing encroaching vegetation.

Notably, the bill includes a stipulation that trees and shrubs growing across multiple parcels can be removed by any of the property owners involved, provided they give 30 days' written notice to the others. However, the legislation exempts property owners of parcels larger than five acres from these liabilities, which could lead to differing standards based on property size.

The introduction of HB 599 has sparked discussions among homeowners, real estate professionals, and legal experts. Proponents argue that the bill will help reduce conflicts between neighbors and provide clear guidelines for property maintenance. Critics, however, express concerns that the bill may lead to increased disputes, particularly in densely populated areas where property lines are closely situated.

The implications of this bill extend beyond individual property disputes; it could also influence local real estate markets and community relations. As homeowners navigate the responsibilities outlined in HB 599, there may be a shift in how properties are maintained and how disputes are resolved, potentially impacting property values and neighborhood dynamics.

As the bill moves through the legislative process, stakeholders will be watching closely to see how it evolves and what final provisions will be enacted. If passed, HB 599 is set to take effect on July 1, 2025, marking a significant change in property law in Florida.