Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 408
       
       
       
       
       
       
                                Barcode 338208                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2011           .                                
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       The Committee on Banking and Insurance (Richter) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 2978 - 3011
    4  and insert:
    5         (2)(a) An Any insurer that has paid a claim for a sinkhole
    6  loss shall file a copy of the report and certification, prepared
    7  pursuant to subsection (1), including the legal description of
    8  the real property and the name of the property owner, the
    9  neutral evaluator’s report, if any, which indicates that
   10  sinkhole activity caused the damage claimed, a copy of the
   11  certification indicating that stabilization has been completed,
   12  if applicable, and the amount of the payment, with the county
   13  clerk of court, who shall record the report and certification.
   14  The insurer shall bear the cost of filing and recording one or
   15  more reports and certifications the report and certification.
   16  There shall be no cause of action or liability against an
   17  insurer for compliance with this section.
   18         (a) The recording of the report and certification does not:
   19         1. Constitute a lien, encumbrance, or restriction on the
   20  title to the real property or constitute a defect in the title
   21  to the real property;
   22         2. Create any cause of action or liability against any
   23  grantor of the real property for breach of any warranty of good
   24  title or warranty against encumbrances; or
   25         3. Create any cause of action or liability against any
   26  title insurer that insures the title to the real property.
   27         (b) As a precondition to accepting payment for a sinkhole
   28  loss, the policyholder must file a copy of any sinkhole report
   29  regarding the insured property which was prepared on behalf or
   30  at the request of the policyholder. The policyholder shall bear
   31  the cost of filing and recording the sinkhole report. The
   32  recording of the report does not:
   33         1. Constitute a lien, encumbrance, or restriction on the
   34  title to the real property or constitute a defect in the title
   35  to the real property;
   36         2. Create any cause of action or liability against any
   37  grantor of the real property for breach of any warranty of good
   38  title or warranty against encumbrances; or
   39         3. Create any cause of action or liability against a title
   40  insurer that insures the title to the real property.
   41         (c)(b) The seller of real property upon which a sinkhole
   42  claim has been made by the seller and paid by the insurer must
   43  shall disclose to the buyer of such property, before the
   44  closing, that a claim has been paid and whether or not the full
   45  amount of the proceeds were used to repair the sinkhole damage.
   46  
   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 178 - 182
   50  and insert:
   51         burden of proof; revising the reports that an insurer
   52         must file with the clerk of the court; requiring the
   53         policyholder to file certain reports as a precondition
   54         to accepting payment; amending s. 627.7074, F.S.;