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 situation where property owners suffering damage from neighboring vegetation are responsible for repairs without recourse to the property owner whose trees or shrubs caused the damage, unless negligence can be proven.

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. This notice must be sent via certified mail and posted prominently on the affected parcels. However, the bill includes an exception for property owners of parcels greater than 5 acres, who are not subject to these liability provisions. The act is set to take effect on July 1, 2025.