Florida – A new proposal in the Florida Senate could change how neighbors handle damage from fallen trees, particularly during hurricane season.
State Senator Jonathan Martin (R-Fort Myers) is leading a legislative effort to repeal the “Massachusetts Rule”—a centuries-old legal principle that holds the affected homeowner responsible when a neighbor’s healthy tree falls onto their property due to natural causes.
Martin contends that this rule no longer applies in modern Florida, where properties are closer together and storms occur more frequently.
“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, known as the “Fallen Tree Act,” would hold homeowners responsible for any damage caused by trees or shrubs planted on their property.
The bill seeks to clarify liability and potentially reduce litigation and insurance costs.
Supporters, such as Mark Friedlander of the Insurance Information Institute, say the measure is consistent with previous court rulings that favor impacted homeowners.
Critics, including George Feijoo of the Florida Insurance Council, warn that the bill makes no clear distinction between healthy and unhealthy trees, potentially leading to neighbor disputes and lawsuits.
Martin responded that legal disputes between neighbors are already common, and he believes the bill provides much-needed clarification.
The legislation has passed one committee and will be reviewed twice more by both chambers.
With only a few weeks remaining in the session, the fate of the Fallen Tree Act is uncertain.
If passed, it would take effect on July 1, 2025.
