Senate Bill sb0014A

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 14-A

    By Senator Fasano





    11-473A-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to sinkhole insurance; amending

  3         s. 627.706, F.S.; revising sinkhole insurance

  4         provisions to include coverage for losses due

  5         to catastrophic ground cover collapse; revising

  6         definitions; providing an effective date.

  7  

  8  Be It Enacted by the Legislature of the State of Florida:

  9  

10         Section 1.  Subsections (1) and (2) of section 627.706,

11  Florida Statutes, are amended to read:

12         627.706  Sinkhole insurance; definitions.--

13         (1)  Every insurer authorized to transact property

14  insurance in this state shall make available coverage for

15  insurable sinkhole losses on any structure, including contents

16  of personal property contained therein, resulting from a

17  catastrophic ground cover collapse to the extent provided in

18  the form to which the sinkhole coverage attaches. A policy for

19  residential property insurance may include a deductible amount

20  applicable to sinkhole losses equal to 1 percent, 2 percent, 5

21  percent, or 10 percent of the policy dwelling limits, with

22  appropriate premium discounts offered with each deductible

23  amount.

24         (2)  As used in ss. 627.706-627.7074, and as used in

25  connection with any policy providing coverage for sinkhole

26  losses resulting from a catastrophic ground cover collapse:

27         (a)  "Catastrophic ground cover collapse" means

28  geological activity that, within a period of 7 days or less,

29  results in the collapse of the ground cover that renders the

30  insured structure uninhabitable. The term "catastrophic ground

31  cover collapse" does not include ground cover subsidence

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






    Florida Senate - 2007                                  SB 14-A
    11-473A-07                                              See HB




 1  caused when, during a period exceeding 7 days, the upper

 2  surface of limestone is dissolved away and the ground cover

 3  slowly subsides to occupy the space once occupied by

 4  limestone.

 5         (b)  "Sinkhole Loss" means structural damage to a

 6  structure or the building, including the foundation, caused by

 7  a catastrophic ground cover collapse or sinkhole activity.

 8  Contents coverage shall apply only if there is structural

 9  damage to a structure or the building caused by a catastrophic

10  ground cover collapse or sinkhole activity. Structural damage

11  consisting merely of the settling or cracking of a foundation,

12  structure, or building does not constitute a loss resulting

13  from a catastrophic ground cover collapse or sinkhole

14  activity.

15         (c)(d)  "Professional engineer" means a person, as

16  defined in s. 471.005, who has a bachelor's degree or higher

17  in engineering with a specialty in the geotechnical

18  engineering field. A professional engineer must have

19  geotechnical experience and expertise in the identification of

20  sinkhole activity as well as other potential causes of damage

21  to the structure.

22         (d)(e)  "Professional geologist" means a person, as

23  defined by s. 492.102, who has a bachelor's degree or higher

24  in geology or related earth science with expertise in the

25  geology of Florida. A professional geologist must have

26  geological experience and expertise in the identification of

27  sinkhole activity as well as other potential geologic causes

28  of damage to the structure.

29         (e)(a)  "Sinkhole" means a depression in the ground

30  cover, visible to the naked eye, landform created by

31  subsidence of soil, sediment, or rock as underlying strata are

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






    Florida Senate - 2007                                  SB 14-A
    11-473A-07                                              See HB




 1  dissolved by groundwater. A sinkhole may form by collapse into

 2  subterranean voids created by dissolution of limestone or

 3  dolostone or by subsidence as these strata are dissolved.

 4         (f)(c)  "Sinkhole activity" means settlement or

 5  systematic weakening of the earth supporting such property

 6  only when such settlement or systematic weakening results from

 7  movement or raveling of soils, sediments, or rock materials

 8  into subterranean voids created by the effect of water on a

 9  limestone or similar rock formation.

10         (g)  "Uninhabitable" means condemned and ordered

11  vacated by the governmental agency charged with making such

12  findings and issuing such orders in the county in which the

13  insured structure is located.

14         Section 2.  This act shall take effect upon becoming a

15  law.

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