1 | Representative Legg and Ambler offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove lines 275-280 and insert: |
5 | (13) The recommendation of the neutral evaluator is not |
6 | binding on any party, and the parties retain access to courts. |
7 | The neutral evaluator's written recommendation is admissible in |
8 | any subsequent action or proceeding relating to the claim or to |
9 | the cause of action giving rise to the claim. The report of the |
10 | neutral evaluator as to the presence or absence of a sinkhole |
11 | loss is presumed correct absent clear and convincing evidence to |
12 | the contrary. The report of the neutral evaluator as to the need |
13 | for and estimated costs of stabilizing the land and any covered |
14 | structures or buildings and other appropriate remediation or |
15 | structural repairs resulting from a sinkhole loss is presumed |
16 | correct absent a preponderance of the evidence to the contrary. |
17 | If the findings of the neutral evaluator's written |
18 | recommendation are inconsistent with the presumption under s. |
19 | 627.7073, the presumption under this section prevails. |