Amendment
Bill No. CS/CS/CS/HB 1495
Amendment No. 197059
CHAMBER ACTION
Senate House
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1Representative Long offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 2246-2247 and insert:
5     Section 16.  Effective January 1, 2010, subsection (5) is
6added to section 627.706, Florida Statutes, to read:
7     627.706  Sinkhole insurance; catastrophic ground cover
8collapse; definitions.--
9     (5)  An insurer offering sinkhole coverage to policyholders
10before or after the adoption of s. 30, chapter 2007-1, Laws of
11Florida, may nonrenew the policies of policyholders maintaining
12sinkhole coverage, at the option of the insurer, and provide an
13offer of coverage to such policyholders which includes
14catastrophic ground cover collapse and excludes sinkhole
15coverage. Insurers acting in accordance with this subsection are
16subject to the following requirements:
17     (a)  Policyholders must be notified that a nonrenewal is
18for purposes of removing sinkhole coverage and that the
19policyholder is still being offered a policy that provides
20coverage for catastrophic ground cover collapse.
21     (b)  Policyholders must be provided an actuarially
22reasonable premium credit or discount, subject to the approval
23of the Office of Insurance Regulation, for the removal of
24sinkhole coverage and provision of only catastrophic ground
25cover collapse.
26     (c)  Subject to the provisions of this subsection and the
27insurer's approved underwriting or insurability guidelines, the
28insurer shall provide each policyholder with the opportunity to
29purchase an endorsement to his or her policy providing sinkhole
30coverage and may require an inspection of the property before
31issuance of a sinkhole coverage endorsement.
32     (d)  Section 624.4305 does not apply to nonrenewal notices
33issued pursuant to this subsection.
34     Section 17.  Effective January 1, 2010, section 627.7063,
35Florida Statutes, is created to read:
36     627.7063  Building code effectiveness grading schedule.--
37     (1)  As used in this section, the term "sinkhole loss
38prevention ordinance" means a county ordinance that amends the
39Florida Building Code and that is intended to reduce the number
40of sinkhole claims and the severity of sinkhole losses.
41     (2)  The commission shall adopt a building code
42effectiveness grading schedule by rule. The grading schedule
43shall evaluate the effectiveness of each sinkhole loss
44prevention ordinance in reducing the number of sinkhole claims
45and the severity of sinkhole losses. Each ordinance shall be
46evaluated 4 years after the ordinance takes effect. The grading
47schedule shall be based on the effectiveness of code enforcement
48in each county and scientific, modeling, and engineering
49methodologies. The rules shall further mandate insurance premium
50discounts or surcharges on personal residential property
51insurance based on a property's compliance with an ordinance and
52the grade assigned to the applicable sinkhole loss prevention
53ordinance.
54     Section 18.  Except as otherwise expressly provided herein,
55this act shall take effect upon becoming a law.
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T I T L E  A M E N D M E N T
59     Remove line 119 and insert:
60amending s. 627.706, F.S.; providing for nonrenewal of
61certain sinkhole insurance policies; creating s. 627.7063,
62F.S.; providing for a building code effectiveness grading
63schedule; providing effective dates.


CODING: Words stricken are deletions; words underlined are additions.