Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 708
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AD/2R         .                                
             04/23/2014 10:19 AM       .                                

       Senator Bean moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 261 - 292
    4  and insert:
    5         627.70151 Appraisal; conflicts of interest.—An insurer that
    6  offers residential coverage as defined in s. 627.4025, or a
    7  policyholder that uses an appraisal clause in a property
    8  insurance contract to establish a process for estimating or
    9  evaluating the amount of loss through the use of an impartial
   10  umpire, may challenge an umpire’s impartiality and disqualify
   11  the proposed umpire only if:
   12         (1) A familial relationship within the third degree exists
   13  between the umpire and a party or a representative of a party;
   14         (2) The umpire has previously represented a party in a
   15  professional capacity in the same claim or matter involving the
   16  same property;
   17         (3) The umpire has represented another person in a
   18  professional capacity on the same or a substantially related
   19  matter that includes the claim, the same property or an adjacent
   20  property, and the other person’s interests are materially
   21  adverse to the interests of a party; or
   22         (4) The umpire has worked as an employer or employee of a
   23  party within the preceding 5 years.
   24         Section 7. Paragraphs (c) and (f) of subsection (2) of
   25  section 627.706, Florida Statutes, are amended to read:
   26         627.706 Sinkhole insurance; catastrophic ground cover
   27  collapse; definitions.—
   28         (2) As used in ss. 627.706-627.7074, and as used in
   29  connection with any policy providing coverage for a catastrophic
   30  ground cover collapse or for sinkhole losses, the term:
   31         (c) “Neutral evaluator” means an a professional engineer
   32  licensed under chapter 471 who has experience and expertise in
   33  the identification of sinkhole activity as well as other
   34  potential causes of structural damage or a professional
   35  geologist. The licensed engineer or professional geologist must
   36  have who has completed a course of study in alternative dispute
   37  resolution designed or approved by the department for use in the
   38  neutral evaluation process, must be and who is determined by the
   39  department to be fair and impartial, and may not otherwise be
   40  ineligible for certification as provided under s. 627.7074.
   41         (f) “Professional engineer” means a person, as defined in
   42  s. 471.005, who has a bachelor’s degree or higher in
   43  engineering. A professional engineer must also have experience
   44  and expertise in the identification of sinkhole activity or as
   45  well as other potential causes of structural damage.
   47  ================= T I T L E  A M E N D M E N T ================
   48  And the title is amended as follows:
   49         Delete lines 19 - 20
   50  and insert:
   51         627.706, F.S.; redefining the terms “neutral
   52         evaluator” and “professional engineer”; amending s.
   53         627.7074, F.S.; specifying