Attorney Edward Jimenez discusses proposed homeowner legislation on local news

Attorney Edward Jimenez breaks down Florida’s proposed “Fallen Tree Act” and how it could make neighbors 100% liable for falling tree damage.

September 16, 2025
5 min read

Florida’s 2025 legislative session is underway, and proposed bills are sparking significant debate among homeowners and property owners statewide. Attorney Edward Jimenez recently appeared on local news to discuss one of the most impactful proposals — “The Fallen Tree Act.”

What the Proposed Bill Would Do

If passed, the bill would:

  • Create a strict liability standard for falling trees — meaning property owners would be 100% liable for any damage caused by a tree that falls from their property onto a neighbor’s property.
  • Allow property owners to remove neighboring trees (or parts of them) that have branches or roots encroaching onto their property, reducing disputes over tree maintenance.

Why This Matters for Homeowners

Currently, tree-related property damage claims often lead to disputes over fault and coverage, with many insurers denying payment if the neighbor’s tree was healthy prior to falling. This bill would shift responsibility directly onto the tree owner, simplifying recovery for the neighbor and potentially reducing litigation.

Attorney Jimenez explained how the bill, if enacted, would significantly impact property insurance claims, neighbor disputes, and HOA enforcement, making it easier for homeowners to seek reimbursement for storm-related tree damage.