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FAQ

Questions after Isaias

Straight answers, with links to the law or the official source behind each one.

Thinking about taking your crew to Florida for Isaias work?

Our honest advice: don’t, unless you can already prove you are legally set up to work there. Isaias came ashore near Destin (8:30 p.m. Central on Oct. 9, per the National Hurricane Center), and Florida is under a declared state of emergency in 30 counties (Executive Order 26-212). During a declared emergency, Florida’s penalties go up.

Offering services without a local business tax receipt is a criminal misdemeanor (Fla. Stat. § 501.160(8)). Doing work that needs a Florida contractor license, like roof repair, without one becomes a third-degree felony (§ 489.127(2)(c)). Helping a homeowner prepare, file or negotiate an insurance claim for pay without a Florida public adjuster license is a third-degree felony, and each act counts as a separate offense (§ 626.854, § 626.8738).

Homeowners can’t assign their claim benefits to you under policies issued on or after January 1, 2023 (§ 627.7152(13)), so you bill the homeowner and wait on them. Counties add their own rules: unincorporated Santa Rosa County requires a solicitation permit, with fingerprints and a background check, before you knock on a door.

Even if nobody arrests you, you may not get paid. If any part of the job needed a Florida contractor license you didn’t hold, that contract can’t be enforced by you (§ 489.128), and you have no lien rights to fall back on (§ 713.02(7)). Pure tree and debris removal that needs no state license isn’t covered by that rule, but a roof tarp or repair on the same ticket can be.

Bring Florida workers’ comp, too. Florida only exempts an out-of-state crew if its home-state policy extends to Florida, the home state recognizes Florida’s rules in return, and the work is temporary: no more than 10 consecutive days or 25 total days in a calendar year (§ 440.094). If you were required to carry coverage and didn’t, the state can shut down all of your Florida jobs with a stop-work order and assess a penalty of twice the premium you should have paid, at least $1,000 (§ 440.107(7)).

If you can’t check every one of those boxes today, stay out of Florida and talk to a Florida attorney before you go. Point the trucks at Alabama and Georgia instead, where Isaias also brought trees down well inland: get the local business license, price from your normal rates, and document every job. This is general information, not legal advice.

Does homeowners insurance pay to remove a fallen tree?

Often, but with limits. On a common HO-3 policy form, removal is covered when a tree felled by wind, hail or the weight of ice damages a covered structure, or blocks a driveway or a wheelchair ramp. That sample form caps tree removal at $1,000 per loss and $500 per tree. Damage to the house itself is covered separately, up to the policy limits.

Policies differ. The declarations page and the “Debris Removal” section of the homeowner’s own policy are what count. A tree that falls in the yard without hitting anything is usually not covered.

Someone knocked on my door offering to remove my tree and “take care of” my insurance. What should I check?

Ask for their local business tax receipt and, in counties that require one, their solicitation permit. Ask for a written, itemized estimate before you sign. In Florida, a contractor may not interpret your policy or advise you about your coverage unless they hold a public adjuster license (§ 489.147(2)(d)), and only a licensed public adjuster or attorney may negotiate your claim for pay (§ 626.854).

Walk away from anyone who offers to pay or waive your deductible. Florida law calls that insurance fraud, a third-degree felony. Don’t sign anything that hands your claim payment to the contractor; for Florida policies issued on or after January 1, 2023, that kind of assignment is void anyway. You can report suspected unlicensed activity to Florida DBPR.

Does a tree company need a state license in Florida?

Florida DBPR lists trimming or removing a fallen tree and removing debris among common storm services that do not need a DBPR license. Roof repairs, new roofs, windows, plumbing and electrical work do. If a tree job turns into roof or structural repair, that part needs a licensed Florida contractor.

A business tax receipt is still required to offer services during the emergency (§ 501.160(8)), and counties and cities can require their own permits. DBPR says its teams may run door-to-door sweeps with law enforcement after a storm.

What do we need to work Isaias damage in Alabama or Georgia?

Call the city and county before you set up. Most require a local business license before you start, and any repair to the structure itself (roofing, framing, decking) may need a licensed contractor in that state. Bring one in or stay on the tree.

Alabama’s price-gouging law covers services, including tree work, during a declared state of emergency in the areas the Governor names (Ala. Code § 8-31-3). Charging 25% or more above the area’s average price in the 30 days before the declaration is prima facie evidence of an unconscionable price, unless reasonable added costs explain the increase (§ 8-31-4). A court can impose a civil penalty of up to $1,000 per violation, capped at $25,000 for any 24-hour period, and can suspend the licenses of someone who violates it continuously and willfully (§ 8-31-5). Georgia has its own price-gouging law for declared emergencies.

Price from your normal rates, write down why each line costs what it does, and keep receipts for any storm-related added costs.

Can the tree company talk to my insurance company for me?

Not as your advocate. In Florida, only a licensed public adjuster or an attorney may, for pay, prepare or file your claim or negotiate its settlement (§ 626.854(20)). A contractor may explain its own bid for the work to you or your insurer (§ 626.854(16)).

Claims Reaper is built around that line: it drafts the contractor’s invoice package and emails, and the contractor reviews and sends them about their own bill. It never negotiates, adjusts or files a claim for anyone.

Is it legal to charge more after a storm?

Florida bars unconscionable prices for essential goods and services in the area of a declared emergency. A price is presumed unconscionable if it is grossly higher than the average price in the 30 days before the declaration, unless the increase comes from added costs or market trends (§ 501.160). Willful violations can bring civil penalties of up to $10,000 each (§ 501.2075). Other states have their own price-gouging laws.

Price the job the way you always do, write down why each line costs what it does, and keep receipts for any added costs.

What should I photograph and keep?

Before anything is moved: wide shots of the whole property, then close-ups of where the tree hit, the root ball or break, and anything it is resting on. During and after the work: the same angles again. Keep the signed work authorization, the itemized invoice, crew and equipment hours, dump or disposal tickets, and every email with the insurer.

The NOAA Storm Events Database records storm reports by county and date, which helps show what the weather did at the address.

What is Claims Reaper, and how does it fit in?

Claims Reaper is software for tree companies. It turns a finished storm job into an invoice package an adjuster can approve: contract, itemized invoice, photos, a NOAA storm report and your W-9, in one email. It drafts every follow-up. You review and send each one from your own mailbox.

It is not a law firm, an insurance company or a public adjuster, and it never negotiates with a carrier for you. The homeowner files their own claim and stays your customer.

Where do I find official storm information and help?

The National Hurricane Center and your local National Weather Service office for weather; FEMA and DisasterAssistance.gov for federal help; and your state’s emergency management agency for local orders, shelters and debris pickup. All of them are on our Official resources page.