The proposed bill, titled the "Fallen Tree Act," establishes new liability standards for property owners regarding damage caused by trees and shrubs located on their property. Under the new section 768.396 of the Florida Statutes, property owners will be held liable for damages to neighboring properties if their trees or shrubs, or the branches thereof, fall and cause damage. The bill aims to address the current legal framework, which allows property owners to suffer damages without recourse against the owners of the trees or shrubs unless negligence can be proven. The legislation also recognizes the challenges posed by densely populated neighborhoods where trees and shrubs may encroach on property lines.

Additionally, the bill allows property owners to remove trees and shrubs that grow across property lines after providing 30 days' written notice to neighboring property owners. However, it specifies that this provision does not apply to property owners with parcels greater than 5 acres. The act is set to take effect on July 1, 2025, and aims to alleviate the financial burden on property owners who face damage from neighboring vegetation.