Latest news with #FallenTreeAct
Yahoo
4 days ago
- Business
- Yahoo
Florida's ‘Fallen Tree Act' postponed just as hurricane season begins — here's what to know about this bill
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. Thanks to Jeff Bezos, you can now become a landlord for as little as $100 — and no, you don't have to deal with tenants or fix freezers. Here's how I'm 49 years old and have nothing saved for retirement — what should I do? Don't panic. Here are 5 of the easiest ways you can catch up (and fast) Nervous about the stock market in 2025? Find out how you can access this $1B private real estate fund (with as little as $10) 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. 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. Read more: Want an extra $1,300,000 when you retire? Dave Ramsey says — and that 'anyone' can do it 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. 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. 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. 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. 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. Here are 5 'must have' items that Americans (almost) always overpay for — and very quickly regret. How many are hurting you? Rich, young Americans are ditching the stormy stock market — here are the alternative assets they're banking on instead Robert Kiyosaki warns of a 'Greater Depression' coming to the US — with millions of Americans going poor. But he says these 2 'easy-money' assets will bring in 'great wealth'. How to get in now This is how American car dealers use the '4-square method' to make big profits off you — and how you can ensure you pay a fair price for all your vehicle costs Like what you read? Join 200,000+ readers and get the best of Moneywise straight to your inbox every week. This article provides information only and should not be construed as advice. It is provided without warranty of any kind.

Yahoo
11-04-2025
- Politics
- Yahoo
Florida bill would shift responsibility when a tree falls on a neighbor's home
Florida has a lot of hurricanes and even more trees. But if your neighbor's tree falls on your house, you could be responsible for the damage. It's called the Massachusetts rule, and State Senator Jonathan Martin (R-Fort Myers) believes it's outlived its usefulness. 'This Massachusetts Rule is hundreds of years old, and it was put in place back when everyone lived on farms. Nobody had houses on their property lines and if a tree fell on your property, that was free wood,' said Martin during a committee hearing in early April. Martin is sponsoring legislation that would make homeowners responsible for damage caused by trees on their property. Mark Friedlander with the Insurance Information Institute argues the 'Fallen Tree Act' would more or less codify what courts have already held in litigation involving trees falling on neighbors' homes. 'Courts in Florida have typically ruled in favor of the impacted homeowner. Meaning, they have ruled that the party responsible for the tree must pay the damages,' said Friedlander. But the idea got some pushback in its first committee stop. Read: Florida democrats fear new legislation would set the stage for 'fetal personhood' ruling George Feijoo with the Florida Insurance Council expressed concern over the lack of distinction between healthy and unhealthy trees. 'We're particularly concerned that the bill will lead to increased litigation specifically between neighbors, which is not sound public policy to incentivize, in our opinion,' said Feijoo. But Martin argued neighbors are already suing each other, and clarifying who is liable would only stand to reduce litigation. 'This is a solution to a problem that will bring down insurance costs and it'll keep our communities safer during hurricanes and shortly after hurricanes,' said Martin. The bill still has two more committee stops in both chambers. With only three weeks left in session, it seems the Fallen Tree Act may be falling on deaf ears. [DOWNLOAD: Free Action News Jax app for alerts as news breaks] [SIGN UP: Action News Jax Daily Headlines Newsletter] Click here to download the free Action News Jax news and weather apps, click here to download the Action News Jax Now app for your smart TV and click here to stream Action News Jax live.
Yahoo
11-03-2025
- General
- Yahoo
Florida's 'Fallen Tree Act' would end no-fault status when trees fall onto another property
The Brief HB 599, or the Fallen Tree Act, would place the blame on the property owner of where a fallen tree, branch, or shrub originates. Right now, Florida is a "no-fault state" when it comes to fallen trees onto next-door properties. The Fallen Tree Act would still allow property owners to trim branches that encroach onto their property as needed. 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. "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. READ: Police call logs show 7 different calls to the home of couple accused of killing missing teen 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. CLICK HERE:>>>Follow FOX 13 on YouTube 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. STAY CONNECTED WITH FOX 13 TAMPA: Download the FOX Local app for your smart TV Download FOX Local mobile app: Apple | Android Download the FOX 13 News app for breaking news alerts, latest headlines Download the SkyTower Radar app Sign up for FOX 13's daily newsletter
Yahoo
19-02-2025
- Politics
- Yahoo
Florida lawmaker wants to make property owners responsible for fallen trees
TAMPA, Fla. (WFLA) — A Florida lawmaker wants to make property owners responsible for fallen trees. Florida Senator Jonathan Martin (R) 33rd District filed a bill, the 'Fallen Tree Act' last week that would make a property owner liable for damages if a tree or shrub from their property falls onto another person's property. According to the bill, where the tree or shrub was rooted in the ground determines ownership. 'Should it be the individual who owns the tree, who has maybe failed to maintain the tree, the person who planted the tree too close to neighboring property, or should it be the person whose property was damaged,' said Senator Martin. This comes after a devastating hurricane season left many property owners dealing with damage from downed trees. Months later, Jay Harrold the owner of Albert & Ellis Landscaping and Tree Services is still getting calls about fallen trees. 'A lot of these trees they been neglected from an owner who doesn't know or didn't have the budget,' said Harrold. Harrold said about half of the calls he's received have been from homeowners forced to fix damage after a tree fell from a neighbor's property. 'I've seen stuff as far as much as $10,000 to $15,000 depending on the size of the damage caused by a tree, for us to safely remove it,' said Harrold. Many have learned the hard way that when someone else's tree falls on your house, fixing the damage is your problem, which can cause your insurance to go up or your insurance to drop you. Your insurance company can then choose whether to go after the other person's insurance company. Senator Martin believes the bill would force homeowners to be more responsible with maintaining their trees. 'When less bad decisions are being made, when our trees are safer for the type of environment that we live in, there's going to be less damage that's done to our properties. There's going to be fewer insurance claims and ultimately insurance rates will go down,' said Senator Martin. Harrold recommends homeowners get their trees inspected to make sure they are safe. 'With us, this is a free service. So we come out and we can give you some advice on what you can and what not to do,' said Harrold. 'You have some options as far as what to do moving forward with your trees to make you aware of something and you can set aside a budget for it.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.