Amendment
Bill No. 0217
Amendment No. 897805
CHAMBER ACTION
Senate House
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1Representative Legg offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 184 through 334 and insert:
5     (2)  Any insurer that has paid a claim for a sinkhole loss
6shall file a copy of the report and certification, prepared
7pursuant to subsection (1) and including the legal description
8of the real property and the name of the property owner, with
9the county clerk of court property appraiser, who shall record
10the report and certification with the parcel number. The insurer
11shall bear the cost of filing and recording the report and
12certification. There shall be no cause of action or liability
13against an insurer for compliance with this section. The
14recording of the report and certification shall not constitute a
15lien, encumbrance, or restriction on the title to the real
16property nor constitute a defect in the title to the real
17property, create any cause of action or liability against any
18grantor of the real property for breach of any warranty of good
19title or warranty against encumbrances, or create any cause of
20action or liability against any title insurer that insures the
21title to the real property. The seller of real property upon
22which a sinkhole claim has been made by the seller and paid by
23the insurer shall disclose to the buyer of such property that a
24claim has been paid and whether or not the full amount of the
25proceeds were used to repair the sinkhole damage.
26     Section 5.  Effective October 1, 2006, section 627.7074,
27Florida Statutes, is created to read:
28     627.7074  Alternative procedure for resolution of disputed
29sinkhole insurance claims.--
30     (1)  As used in this section, the term:
31     (a)  "Neutral evaluation" means the alternative dispute
32resolution provided for in this section.
33     (b)  "Neutral evaluator" means a professional engineer or a
34professional geologist who has completed a course of study in
35alternative dispute resolution designed or approved by the
36department for use in the neutral evaluation process, who is
37determined to be fair and impartial.
38     (2)(a)  The department shall certify and maintain a list of
39persons who are neutral evaluators.
40     (b)  The department shall prepare a consumer information
41pamphlet for distribution by insurers to policyholders which
42clearly describes the neutral evaluation process and includes
43information and forms necessary for the policyholder to request
44a neutral evaluation.
45     (3)  Following the receipt of the report provided under s.
46627.7073 or the denial of a claim for a sinkhole loss, the
47insurer shall notify the policyholder of his or her right to
48participate in the neutral evaluation program under this
49section. Neutral evaluation supersedes the alternative dispute
50resolution process under s. 627.7015. The insurer shall provide
51to the policyholder the consumer information pamphlet prepared
52by the department pursuant to paragraph (2)(b).
53     (4)  Neutral evaluation is optional and nonbinding. Either
54the policyholder or the insurer may decline to participate. A
55request for neutral evaluation may be filed with the department
56by the policyholder or the insurer on a form approved by the
57department. The request for neutral evaluation must state the
58reason for the request and must include an explanation of all
59the issues in dispute at the time of the request. Filing a
60request for neutral evaluation tolls the applicable time
61requirements for filing suit for a period of 60 days following
62the conclusion of the neutral evaluation process or the time
63prescribed in s. 95.11, whichever is later.
64     (5)  Neutral evaluation shall be conducted as an informal
65process in which formal rules of evidence and procedure need not
66be observed. A party to neutral evaluation is not required to
67attend neutral evaluation if a representative of the party
68attends and has the authority to make a binding decision on
69behalf of the party. All parties shall participate in the
70evaluation in good faith.
71     (6)  The insurer shall pay the costs associated with the
72neutral evaluation.
73     (7)  Upon receipt of a request for neutral evaluation, the
74department shall refer the request to a neutral evaluator. The
75neutral evaluator shall notify the policyholder and the insurer
76of the date, time, and place of the neutral evaluation
77conference. The conference may be held by telephone, if feasible
78and desirable. The neutral evaluation conference shall be held
79within 45 days after receipt of the request by the department.
80     (8)  The department shall adopt rules of procedure for the
81neutral evaluation process.
82     (9)  For policyholders not represented by an attorney, a
83consumer affairs specialist of the department or an employee
84designated as the primary contact for consumers on issues
85relating to sinkholes under s. 20.121 shall be available for
86consultation to the extent that he or she may lawfully do so.
87     (10)  Evidence of an offer to settle a claim during the
88neutral evaluation process, as well as any relevant conduct or
89statements made in negotiations concerning the offer to settle a
90claim, is inadmissible to prove liability or absence of
91liability for the claim or its value, except as provided in
92subsection (13).
93     (11)  Any court proceeding related to the subject matter of
94the neutral evaluation shall be stayed pending completion of the
95neutral evaluation.
96     (12)  For matters that are not resolved by the parties at
97the conclusion of the neutral evaluation, the neutral evaluator
98shall prepare a report stating that in his or her opinion the
99sinkhole loss has been verified or eliminated and, if verified,
100the need for and estimated costs of stabilizing the land and any
101covered structures or buildings and other appropriate
102remediation or structural repairs. The evaluator's report shall
103be sent to all parties in attendance at the neutral evaluation
104and to the department.
105     (13)  The recommendation of the neutral evaluator is not
106binding on any party, and the parties retain access to courts.
107The neutral evaluator's written recommendation is admissible in
108any subsequent action or proceeding relating to the claim or to
109the cause of action giving rise to the claim only for purposes
110of determining the award of attorney's fees.
111     (14)  If the neutral evaluator first verifies the existence
112of a sinkhole and, second, recommends the need for and estimates
113costs of stabilizing the land and any covered structures or
114buildings and other appropriate remediation or structural
115repairs, which costs exceed the amount that the insurer has
116offered to pay the policyholder, the insurer is liable to the
117policyholder for up to $2,500 in attorney's fees for the
118attorney's participation in the neutral evaluation process. For
119purposes of this subsection, the term "offer to pay" means a
120written offer signed by the insurer or its legal representative
121and delivered to the policyholder within 10 days after the
122insurer receives notice that a request for neutral evaluation
123has been made under this section.
124     (15)  If the policyholder declines to participate in
125neutral evaluation requested by the insurer or declines to
126resolve the matter in accordance with the recommendation of the
127neutral evaluator pursuant to this section, the insurer is not
128liable for attorney's fees under s. 627.428 or other provisions
129of the insurance code or for extra-contractual damages related
130to a claim for a sinkhole loss.
131     Section 6.  Subsection (2) of section 877.02, Florida
132Statutes, is amended to read:
133     877.02  Solicitation of legal services or retainers
134therefor; penalty.--
135     (2)  It shall be unlawful for any person in the employ of
136or in any capacity attached to any hospital, sanitarium, police
137department, wrecker service or garage, prison or court, or for a
138person authorized to furnish bail bonds, investigators,
139photographers, insurance or public adjusters, or for a general
140or other contractor as defined in s. 489.105 or other business
141providing sinkhole remediation services, to communicate directly
142or indirectly with any attorney or person acting on said
143attorney's behalf for the purpose of aiding, assisting or
144abetting such attorney in the solicitation of legal business or
145the procurement through solicitation of a retainer, written or
146oral, or any agreement authorizing the attorney to perform or
147render legal services.
148     Section 7.  (1)  By February 1, 2007, the Office of
149Insurance Regulation shall calculate a presumed factor to
150reflect the impact of the changes made in this act to rates
151filed by residential property insurers providing sinkhole loss
152coverage. The office shall issue a notice informing all insurers
153writing residential property insurance coverage of the presumed
154factor.
155     (2)  In determining the presumed factor, the office shall
156use generally accepted actuarial techniques and standards in
157determining the expected impact on losses, expenses, and
158investment income of the insurer.
159     (3)  The office may contract with an appropriate vendor to
160determine the presumed factor.
161     (4)  Each residential property insurer shall, at its next
162rate filing after May 1, 2007, reflect a rate change that takes
163into account the presumed factor determined under subsection
164(1).
165
166======= T I T L E  A M E N D M E N T =======
167     Remove line 16 and insert:
168than the property appraiser; specifying prohibitions
169relating to the recording of certain reports and
170certifications for sinkhole loss claims; creating s.
171627.7074, F.S.;


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