Tree Board warns House Bill 5990 could shift liability for storm-damaged trees to property owners

A member of the Wellington Tree Board alerted colleagues to a pending Florida House bill—identified in the meeting as House Bill 5990—and urged the village to oppose or seek revisions because, as described to the board, the bill could change liability rules for trees that fall onto neighboring property.

The board member explained the concern as follows: the bill would make a property owner responsible for damage when a tree from their land falls onto another property, regardless of cause. “What this bill wants to do is it basically says anything under 5 acres, if a tree falls onto my property and the tree is on my neighbor's property, then it is, my responsibility to repair the ... it’s my neighbor's responsibility to repair my house, or fence, or whatever it damaged,” the member said. The speaker urged staff to bring the bill to the village’s legislative contacts and lobbyists because the member said the draft lacks exemptions for acts of nature, storm-force wind distinctions and tree condition.

The member raised additional potential consequences, including homeowner insurers refusing coverage or pressuring tree removal if the law broadens strict liability; the speaker urged the board to notify village staff and legislators to correct broad language before it advances. Meeting discussion confirmed the bill had already had a first hearing and that a companion bill exists.

Ending: The board asked staff to research the bill and share the full text and sponsors with the board; members suggested contacting municipal lobbyists and legislative offices to request clarifying language or exemptions for acts of nature and documented tree condition.