Florida's 'Fallen Tree Act' would end no-fault status when trees fall onto another property

Fallen Tree Act moves through Florida Legislature

FOX 13's Jennifer Kveglis reports on the Fallen Tree Act, which is set to be discussed in the Florida legislative session that began this month. The bill aims to place the blame for fallen trees on the property owner of where that tree, branch, or shrub originates.

TALLAHASSEE, Fla. - A bill dubbed the Fallen Tree Act is set to be discussed in the Florida legislative session that began this month.

Florida House Representative Nan Cobb (R) is sponsoring HB 599, or the Fallen Tree Act, which places the blame on the property owner of where that tree, branch, or shrub originates.

What they're saying:

"It happens quite a bit. It always seems to be the neighbor's tree that falls on your house," Peter Fernandez, President of Pete & Ron's Tree Service, said.

Right now, Florida is a "no-fault state" when it comes to fallen trees onto next-door properties. That means the burden typically falls on the neighbor, where that tree fell.

The Fallen Tree Act would place the blame on the property owner of where that tree, branch, or shrub originates.

"Most of the time, it works out," Fernandez said. "There are deductibles involved and there are some costs to the homeowner if the tree lands on their property."

Sometimes that causes insurance premiums to increase or insurance companies to cancel policies altogether.

"We've had customers that have planted trees on their property, but it's so close to the line that as the tree grows, it becomes larger and once that tree extends onto the property line, it is now both of their trees," Fernandez said.

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The Fallen Tree Act still allows property owners to trim branches that encroach onto their property as needed.

It does not apply to property owners with parcels larger than 5 acres, where the fallen tree resides.

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Fernandez believes if passed, the Fallen Tree Act would slow down the insurance process for everyone.

"I think it's going to become a legal conundrum because now we have to figure out whose tree it is and why it fell," he said. "It's been this way all my 50 years in business, so I don't see a change coming that I would recommend."

For more information on the Fallen Tree Act, click here.

The Source: Information for this story was gathered by FOX 13's Jennifer Kveglis.

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