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 any damages to neighboring properties resulting from their trees or shrubs, including branches. The bill aims to address the current legal framework, which allows property owners to maintain or remove encroaching vegetation only with the permission of the neighboring property owner. The act seeks to alleviate the financial burden on property owners who suffer damage from fallen trees or shrubs by holding the responsible property owner accountable.

Additionally, the bill allows property owners to remove trees and shrubs that grow across property lines after providing 30 days of written notice to neighboring owners via certified mail and posting on the affected parcels. However, this provision does not apply to property owners with parcels larger than five acres. The act is set to take effect on July 1, 2025, and aims to create a clearer understanding of property owner responsibilities and rights concerning vegetation that may pose a risk to neighboring properties.