Posted on March 25, 2025
Florida homeowners may soon face a significant change in their responsibilities regarding trees on their property. The proposed “Fallen Tree Act” (House Bill 599 and Senate Bill 724) currently making its way through the Florida Legislature would fundamentally alter how liability is assigned when trees fall and damage neighboring properties.
What’s Changing with Florida’s Tree Laws?
Under Florida’s current property laws (commonly referred to as the “Massachusetts Rule”), homeowners are generally responsible for damage that occurs on their own property, even when caused by a neighbor’s tree. This creates what many consider a counterintuitive situation where property owners must bear the costs of damage they didn’t cause.
The proposed legislation would shift this responsibility dramatically:
- Tree owners would become accountable for any damage their trees cause to neighboring properties
- Ownership would be determined by roots – wherever the tree is rooted determines who is responsible
- Boundary line trees could be removed with just 30 days’ written notice, without requiring neighbor approval
- The law would take effect on July 1, 2025 – right at the beginning of hurricane season
“When fewer wrong decisions are made, when our trees are safer for the type of environment we live in, there will be less damage to our properties. There will be fewer insurance claims, and ultimately, insurance rates will decrease,” explained Senator Jonathan Martin, who introduced the Senate version of the bill.
Why This Matters to St. Augustine Property Owners
St. Augustine’s historic neighborhoods and lush landscape mean many properties have mature trees near boundary lines. According to industry professionals, approximately half of tree-related service calls involve damage from a neighbor’s tree, with costs sometimes reaching $15,000 or more.
“We’ve seen firsthand how devastating tree damage can be, especially after storms,” notes William Hill, owner of W.C.H. Debris Removal and Tree Service in St. Augustine. “Many homeowners don’t realize they’re responsible for their trees until it’s too late. With these potential law changes, being proactive about tree maintenance isn’t just about curb appeal anymore—it’s about protecting yourself from liability.”
Warning Signs That Your Trees Might Be a Liability
Tree care experts recommend looking for these warning signs of potentially hazardous trees:
- Excessive canopy die-off
- Mushrooms growing on tree bark
- Branches falling during calm weather
- Trees leaning or with visible root damage
- Cracks or splits in major limbs or trunks
“Regular tree maintenance is like preventive healthcare,” Hill explains. “Many people wait until there’s an emergency, but routine trimming and professional assessments can identify problems before they become disasters. With this new legislation on the horizon, neglecting your trees could become much more costly.”
The Value of Professional Tree Care in a Changing Legal Landscape
While the full impact of the “Fallen Tree Act” remains to be seen, one thing is clear: proper tree maintenance is becoming increasingly important for Florida property owners.
Working with certified professionals who understand both the horticultural and legal aspects of tree care is essential. Professional arborists can help:
- Identify hazardous trees before they cause damage
- Properly trim trees to reduce risk while maintaining health
- Document tree conditions in case of future disputes
- Provide emergency services when storms or other events damage trees
“We believe in educating our customers about their trees,” Hill says. “When homeowners understand both the risks and benefits of their trees, they can make informed decisions about maintenance. Our goal is always to preserve healthy trees when possible, but also to help property owners minimize their liability.”
What St. Augustine Homeowners Should Do Now
With the proposed legislation potentially taking effect in July 2025, now is the time for proactive tree management:
- Get a professional assessment of trees on your property, especially those near boundary lines
- Address any immediate hazards identified by certified arborists
- Develop a maintenance plan for ongoing tree care
- Document the condition of your trees with photos and professional evaluations
- Stay informed about the progress of the “Fallen Tree Act”
“The relationship between neighbors can get complicated when it comes to trees,” Hill observes. “Being proactive about tree care isn’t just about avoiding liability—it’s about being a good neighbor and protecting everyone’s property.”
Local Expertise Matters
For St. Augustine residents, working with local tree professionals who understand the area’s unique environment can make all the difference. Local experts are familiar with:
- Native tree species and their typical issues
- Local soil conditions and how they affect tree stability
- St. Augustine’s historic districts and their specific regulations
- The impact of coastal conditions on tree health
“We’ve been serving St. Augustine for over 20 years,” Hill mentions. “We understand the challenges of maintaining trees in this environment, from hurricane preparation to dealing with the effects of salt spray on coastal properties. Every tree and every property is unique, and we approach each job with that understanding.”
Need help assessing your trees before the new law takes effect? W.C.H. Debris Removal and Tree Service offers comprehensive tree assessments, maintenance, and emergency services throughout St. Augustine and St. Johns County. Call 904-347-8129 for a free estimate.