Photo: Alex Potemkin / iStock / Getty Images
FLORIDA - A new proposal in the Florida Senate could alter how damage from fallen trees is handled between neighbors, especially during hurricane season.
State Senator Jonathan Martin (R-Fort Myers) is leading a legislative effort to overturn what’s known as the “Massachusetts Rule”—a centuries-old legal principle that places responsibility on the affected homeowner when a neighbor’s healthy tree falls onto their property due to natural causes.
Martin argues this rule no longer suits modern Florida, where properties are closer together and storms are more frequent.
“This rule dates back to when people lived on farms and fallen trees were seen as free firewood,” Martin said during a recent committee hearing.
Senate Bill 724, dubbed the “Fallen Tree Act,” would make homeowners accountable for any damage caused by trees or shrubs rooted on their property.
The bill aims to clarify liability and potentially reduce both litigation and insurance costs.
Supporters like Mark Friedlander from the Insurance Information Institute say the measure aligns with court rulings that already lean in favor of impacted homeowners.
Critics, including George Feijoo from the Florida Insurance Council, caution that the bill doesn’t clearly distinguish between healthy and unhealthy trees, which could escalate disputes and lawsuits between neighbors.
Martin responded that legal battles between neighbors are already common and believes the bill provides much-needed clarity.
The legislation has passed one committee and faces two more reviews in both chambers.
With only a few weeks left in the session, the fate of the Fallen Tree Act remains uncertain.
If passed, it would go into effect July 1, 2025.