Committee advances bill that would make tree owners responsible when trees fall on neighbors’ property

The Senate Judiciary Committee voted 11‑0 to report SB 7 24 favorably, a bill that would impose liability on the owner of land where a tree is rooted if the tree falls and damages another property. Sponsor Senator Martin said the measure replaces an older common‑law rule that often left victims of storm damage to rely on their own homeowners’ coverage even when a neighbor’s tree caused the loss.

Under the bill, an owner of the property on which the tree grows would be responsible for damage when the tree falls; the sponsor emphasized the duty applies when the owner had the ability to control or maintain the tree, not for branches or debris that get blown away during a storm. The bill excludes large tracts (property greater than five acres) from the strict liability rule.

The bill drew both support and caution in committee testimony. Community Association Institute urged careful drafting to avoid unintended consequences where developers or associations become responsible for right‑of‑way trees they cannot remove. The National Insurance Crime Bureau and Florida Insurance Council said insurers worry the change could increase litigation and raise premiums as carriers absorb new liability exposure. Physician and hospital witnesses were not involved; testimony instead focused on wildfire/storm cleanup, HOA governance and fraud risks. Sponsor Senator Martin said he would work with stakeholders on technical fixes and to address community‑association concerns.

The committee adopted the bill and reported it favorably. Supporters argued the change would improve accountability and reduce the burden on homeowners who currently shoulder the cost of damage to which they did not contribute; opponents pressed for guardrails to prevent litigation and to address homeowners‑association and insurance impacts.