Amendment
Bill No. 0009A
Amendment No. 853957
CHAMBER ACTION
Senate House
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1Representative(s) Gelber offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 3082-3144 and insert:
5     Section 16.  Section 627.706, Florida Statutes, is amended
6to read:
7     627.706  Sinkhole insurance; definitions.--
8     (1)  Every insurer authorized to transact property
9insurance in this state shall provide coverage for a
10catastrophic ground cover collapse and, unless the conditions of
11subsection (2) are met, shall provide make available coverage
12for insurable sinkhole losses on any structure, including
13contents of personal property contained therein, to the extent
14provided in the form to which the sinkhole coverage attaches. A
15policy for residential property insurance may include a
16deductible amount applicable to sinkhole losses equal to 1
17percent, 2 percent, 5 percent, or 10 percent of the policy
18dwelling limits, with appropriate premium discounts offered with
19each deductible amount.
20     (2)  A personal lines residential property insurance policy
21may not exclude sinkhole coverage unless the following
22conditions are met:
23     (a)  The policyholder must personally write and provide to
24the insurer the following statement in his or her own
25handwriting and sign his or her name, which must also be signed
26by every other named insured on the policy, and dated: "I do not
27do not want the insurance on my home to pay for damage from
28sinkhole activity. I will pay those costs. My insurance will
29not."
30     (b)  If the structure insured by the policy is subject to a
31mortgage or lien, the policyholder must provide the insurer with
32a written statement from the mortgageholder or lienholder
33indicating that the mortgageholder or lienholder approves the
34policyholder electing to exclude sinkhole coverage.
35     (c)  A sinkhole exclusion subject to the requirements of
36this subsection applies only for the term of the policy and must
37be newly executed upon each renewal pursuant to the requirements
38of this subsection.
39     (d)  An insurer shall keep the original copy of the signed
40statement required by this subsection and provide a copy to the
41policyholder providing the signed statement. A signed statement
42meeting the requirements of this subsection creates a
43presumption that there was an informed, knowing election of
44coverage.
45     (e)  The commission shall adopt rules providing appropriate
46alternative methods for providing the statements required by
47this subsection for policyholders who have a handicapping or
48disabling condition that prevents them from providing a
49handwritten statement.
50     (3)(2)  As used in ss. 627.706-627.7074, and as used in
51connection with any policy providing coverage for a catastrophic
52ground cover collapse or sinkhole losses:
53     (a)  "Catastrophic ground cover collapse" means geological
54activity that results in the collapse of the ground cover and
55the insured structure being condemned and ordered to be vacated
56by the governmental agency authorized by law to issue such an
57order for that structures.
58     (b)(a)  "Sinkhole" means a landform created by subsidence
59of soil, sediment, or rock as underlying strata are dissolved by
60groundwater. A sinkhole may form by collapse into subterranean
61voids created by dissolution of limestone or dolostone or by
62subsidence as these strata are dissolved.
63     (c)(b)  "Sinkhole Loss" means structural damage to the
64building, including the foundation, caused by sinkhole activity.
65Contents coverage shall apply only if there is structural damage
66to the building caused by sinkhole activity.
67     (d)(c)  "Sinkhole activity" means settlement or systematic
68weakening of the earth supporting such property only when such
69settlement or systematic weakening results from movement or
70raveling of soils, sediments, or rock materials into
71subterranean voids created by the effect of water on a limestone
72or similar rock formation.
73     (e)(d)  "Professional engineer" means a person, as defined
74in s. 471.005, who has a bachelor's degree or higher in
75engineering with a specialty in the geotechnical engineering
76field. A professional engineer must have geotechnical experience
77and expertise in the identification of sinkhole activity as well
78as other potential causes of damage to the structure.
79     (f)(e)  "Professional geologist" means a person, as defined
80by s. 492.102, who has a bachelor's degree or higher in geology
81or related earth science with expertise in the geology of
82Florida. A professional geologist must have geological
83experience and expertise in the identification of sinkhole
84activity as well as other potential geologic causes of damage to
85the structure.
86     (4)(3)  Every insurer authorized to transact property
87insurance in this state shall make a proper filing with the
88office for the purpose of extending the appropriate forms of
89property insurance to include coverage for catastrophic ground
90cover collapse or for sinkhole losses.
91
92
93======= T I T L E  A M E N D M E N T =======
94     Remove line(s) 80-83 and insert:
95providing legislative intent; amending s. 627.706, F.S.;
96revising sinkhole insurance provisions to include coverage for
97losses due to catastrophic ground cover collapse; prohibiting
98insurers from excluding sinkhole coverage under certain
99circumstances; specifying insurer and policyholder requirements
100for excluding sinkhole coverage; authorizing certain
101deductibles; revising definitions;


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