In the wake of back-to-back hurricanes and increasing property damage from fallen trees, Florida lawmakers have introduced the Fallen Tree Act (SB 724 and HB 599). If passed, this law would shift the responsibility for tree-related damage from the property owner affected by the fallen tree to theowner of the property where the tree was rooted. This proposed change has the potential to significantly impact homeowners, insurance claims, and liability disputes.
What the Fallen Tree Act Proposes
Under the current legal framework, Florida follows the Massachusetts Rule, which places the burden on homeowners to deal with trees that fall onto their property, regardless of where the tree was rooted. This means if your neighbor’s tree crashes onto your house, fence, or car, it’s your responsibility to clean up the mess, repair the damage, and file an insurance claim—unless you can prove the neighbor was negligent.
The Fallen Tree Act would change this dynamic by making the owner of the tree responsible for any damage it causes to a neighboring property. This shift in liability could have a major effect on how homeowners handle tree-related damage and how insurance companies assess claims.
How the Fallen Tree Act Could Impact Tree Damage
Currently, many homeowners' insurance policies provide coverage for fallen trees, but there are key limitations:
Most policies do not cover tree removal unless the tree damages a structure, such as a house, fence, or detached garage.
Even when removal is covered, there is typically a sub-limit of around $1,000 per tree, which may not fully cover the cost of cleanup and disposal.
Homeowners usually have to pay their deductible before receiving any payout, making minor tree-related claims less financially feasible.
If the Fallen Tree Act is enacted, insurance companies may need to revise how they process tree-related claims. Instead of homeowners filing claims with their own insurers, they could seek compensation from their neighbor’s policy. This could lead to an increase in liability claims against property owners whose trees cause damage.
Potential Effects on Homeowners and Insurance Premiums
While this law could provide relief to homeowners who have suffered damage from a neighbor’s tree, it may also lead to unintended consequences, such as:
Higher Insurance Premiums – If property owners are held liable for tree damage, insurers may raise rates to account for the increased risk.
More Legal Disputes – Determining ownership and responsibility could become contentious, especially in cases where a tree straddles property lines.
Changes to Insurance Policies – Insurers may introduce new policy exclusions or adjust coverage limits to reflect the increased liability of tree ownership.
Tree Removal Rules Under the Proposed Law
The Fallen Tree Act also includes a provision allowing property owners to remove a shared tree (one that is growing on multiple parcels) without permission from other owners, as long as they provide 30 days' written notice via certified mail and post a notice on the property. This change could lead to more proactive tree removal efforts as property owners seek to avoid future liability.
When Would the Law Take Effect?
If approved by the Florida Legislature and signed by Governor Ron DeSantis, the Fallen Tree Act would take effect on July 1, 2025, just one month into hurricane season. However, the law would not apply to property owners with land parcels exceeding five acres, likely exempting large agricultural and rural properties.
What Homeowners Should Do Now
While the bill is still under consideration, Florida homeowners should start thinking about how this potential law could impact them. Steps to consider include:
Reviewing your insurance policy to understand what’s covered and whether sub-limits apply to tree removal.
Inspecting trees near property lines for signs of disease, damage, or instability.
Discussing potential risks with neighbors and working together to address dangerous trees before they become a legal issue.
The Fallen Tree Act could bring a major shift in liability and insurance claims for Floridians. Whether this change ultimately benefits homeowners or introduces new complications remains to be seen. For now, staying informed and proactive about tree maintenance and insurance coverage is the best way to prepare for whatever happens next.