1 | Representative(s) Gelber offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove line(s) 3082-3144 and insert: |
5 | Section 16. Section 627.706, Florida Statutes, is amended |
6 | to read: |
7 | 627.706 Sinkhole insurance; definitions.-- |
8 | (1) Every insurer authorized to transact property |
9 | insurance in this state shall provide coverage for a |
10 | catastrophic ground cover collapse and, unless the conditions of |
11 | subsection (2) are met, shall provide make available coverage |
12 | for insurable sinkhole losses on any structure, including |
13 | contents of personal property contained therein, to the extent |
14 | provided in the form to which the sinkhole coverage attaches. A |
15 | policy for residential property insurance may include a |
16 | deductible amount applicable to sinkhole losses equal to 1 |
17 | percent, 2 percent, 5 percent, or 10 percent of the policy |
18 | dwelling limits, with appropriate premium discounts offered with |
19 | each deductible amount. |
20 | (2) A personal lines residential property insurance policy |
21 | may not exclude sinkhole coverage unless the following |
22 | conditions are met: |
23 | (a) The policyholder must personally write and provide to |
24 | the insurer the following statement in his or her own |
25 | handwriting and sign his or her name, which must also be signed |
26 | by every other named insured on the policy, and dated: "I do not |
27 | do not want the insurance on my home to pay for damage from |
28 | sinkhole activity. I will pay those costs. My insurance will |
29 | not." |
30 | (b) If the structure insured by the policy is subject to a |
31 | mortgage or lien, the policyholder must provide the insurer with |
32 | a written statement from the mortgageholder or lienholder |
33 | indicating that the mortgageholder or lienholder approves the |
34 | policyholder electing to exclude sinkhole coverage. |
35 | (c) A sinkhole exclusion subject to the requirements of |
36 | this subsection applies only for the term of the policy and must |
37 | be newly executed upon each renewal pursuant to the requirements |
38 | of this subsection. |
39 | (d) An insurer shall keep the original copy of the signed |
40 | statement required by this subsection and provide a copy to the |
41 | policyholder providing the signed statement. A signed statement |
42 | meeting the requirements of this subsection creates a |
43 | presumption that there was an informed, knowing election of |
44 | coverage. |
45 | (e) The commission shall adopt rules providing appropriate |
46 | alternative methods for providing the statements required by |
47 | this subsection for policyholders who have a handicapping or |
48 | disabling condition that prevents them from providing a |
49 | handwritten statement. |
50 | (3)(2) As used in ss. 627.706-627.7074, and as used in |
51 | connection with any policy providing coverage for a catastrophic |
52 | ground cover collapse or sinkhole losses: |
53 | (a) "Catastrophic ground cover collapse" means geological |
54 | activity that results in the collapse of the ground cover and |
55 | the insured structure being condemned and ordered to be vacated |
56 | by the governmental agency authorized by law to issue such an |
57 | order for that structures. |
58 | (b)(a) "Sinkhole" means a landform created by subsidence |
59 | of soil, sediment, or rock as underlying strata are dissolved by |
60 | groundwater. A sinkhole may form by collapse into subterranean |
61 | voids created by dissolution of limestone or dolostone or by |
62 | subsidence as these strata are dissolved. |
63 | (c)(b) "Sinkhole Loss" means structural damage to the |
64 | building, including the foundation, caused by sinkhole activity. |
65 | Contents coverage shall apply only if there is structural damage |
66 | to the building caused by sinkhole activity. |
67 | (d)(c) "Sinkhole activity" means settlement or systematic |
68 | weakening of the earth supporting such property only when such |
69 | settlement or systematic weakening results from movement or |
70 | raveling of soils, sediments, or rock materials into |
71 | subterranean voids created by the effect of water on a limestone |
72 | or similar rock formation. |
73 | (e)(d) "Professional engineer" means a person, as defined |
74 | in s. 471.005, who has a bachelor's degree or higher in |
75 | engineering with a specialty in the geotechnical engineering |
76 | field. A professional engineer must have geotechnical experience |
77 | and expertise in the identification of sinkhole activity as well |
78 | as other potential causes of damage to the structure. |
79 | (f)(e) "Professional geologist" means a person, as defined |
80 | by s. 492.102, who has a bachelor's degree or higher in geology |
81 | or related earth science with expertise in the geology of |
82 | Florida. A professional geologist must have geological |
83 | experience and expertise in the identification of sinkhole |
84 | activity as well as other potential geologic causes of damage to |
85 | the structure. |
86 | (4)(3) Every insurer authorized to transact property |
87 | insurance in this state shall make a proper filing with the |
88 | office for the purpose of extending the appropriate forms of |
89 | property insurance to include coverage for catastrophic ground |
90 | cover collapse or for sinkhole losses. |
91 |
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92 |
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93 | ======= T I T L E A M E N D M E N T ======= |
94 | Remove line(s) 80-83 and insert: |
95 | providing legislative intent; amending s. 627.706, F.S.; |
96 | revising sinkhole insurance provisions to include coverage for |
97 | losses due to catastrophic ground cover collapse; prohibiting |
98 | insurers from excluding sinkhole coverage under certain |
99 | circumstances; specifying insurer and policyholder requirements |
100 | for excluding sinkhole coverage; authorizing certain |
101 | deductibles; revising definitions; |