As the National Hurricane Center eyes a potential storm off the southeast coast this week, Florida’s hurricane season has kicked off — along with the inevitable damage it will bring.
That leaves many homeowners anxious to know the fate of Florida’s proposed Fallen Tree Act. Looks like they’ll have to wait till the 2026 hurricane season.
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The bill was originally slated to take effect this July — in time for peak hurricane season between mid-August and late October.
But as the Talahassee Democrat reports, Florida lawmakers indefinitely postponed debate on the bill in order to discuss the state budget.
The Fallen Tree Act may or may not be reintroduced in 2026. If it is reintroduced and passes, it will shift liability for fallen trees onto the property owners whose trees fall.
For now, Floridians are still stuck paying for any damage on their own property caused by their neighbor’s tree — unless they can prove clear negligence on the part of their neighbor.
Debate over the Fallen Tree Act
Proponents of the bill believe it’s unfair for people to have to pay for property damage caused by their neighbor’s tree. Even if insurance covers the costs, each claim means higher premiums and paying a deductible.
Advocates of the Fallen Tree Act also liked the fact that it would grant homeowners the right to remove a neighbor’s tree if it was growing partially on their property without permission.
But as Medium reports, not everyone was in favor of the bill. Some argued that extreme weather events like hurricanes and tornadoes are beyond a homeowner’s control.
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The Florida Insurance Council expressed concern that the bill would lead to an uptick in litigation between neighbors that would, in turn, lead to more lawsuits against insurance companies.
Others warned that the Fallen Tree Act would trigger higher homeowners insurance premiums due to the aforementioned potential increase in lawsuits.
Finally, some critics worried the bill would discourage people from planting trees, leading to environmental impacts.
How Florida homeowners can protect themselves
One way or another, Florida homeowners need to prepare for property damage due to hurricanes this year.
The National Oceanic and Atmospheric Administrations predicts "above-normal hurricane activity" in the Atlantic, with 13 to 19 named storms.
Make sure you have good insurance coverage.
The cheapest home insurance policy may not offer the best coverage in the event of damage. Read your policy carefully to know what’s covered and what your deductibles look like.
Make sure you have enough saved up to cover your deductible in the event of fallen tree damage. Even better, save up an emergency fund that can cover at least three months of essential bills.
Look into removing trees on your own property
Most policies don’t cover tree removal until a tree actually causes damage. Even when tree removal is covered, there’s usually a limit of about $1,000 per tree, which doesn’t necessarily cover the entire cost of the job.
This Old House puts the average cost of professional tree removal at $200 to $2,000. The cost hinges on a number of factors including the size, type and location of the tree. Get estimates.
Talk to your neighbor about tree removal
While you can proactively remove trees on your own property to prevent damage, you can’t necessarily force a neighbor to do the same.
If there’s a tree on a neighbor’s property that’s threatening yours — say, because it’s dead or the branches have not been trimmed in ages — you should put something in writing to that neighbor expressing concern and asking them to handle the problem. Keep copies of that communication in case you need to prove negligence in the course of an insurance claim.
An alternative is to offer to split the cost of tree removal with a neighbor if you’re worried their tree will cause harm to your property.
Let’s say it costs $800 to remove the tree and you split it evenly. If your homeowners insurance deductible is $750, you come out ahead by spending $400 to address the problem. Not only does that save you money, but it spares you a potential headache.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
