Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 408
       
       
       
       
       
       
                                Barcode 442272                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Budget (Fasano) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Between lines 3169 and 3170
    4  insert:
    5         5. The proposed neutral evaluator has, for the preceding 5
    6  years, directly or indirectly, performed 80 percent or more of
    7  his or her sinkhole loss investigatory work exclusively on
    8  behalf of policyholders or exclusively on behalf of an insurer
    9  who is a party to a neutral evaluation. Work performed as a
   10  neutral evaluator may not be considered in calculating the
   11  percentage of work performed.
   12         Delete lines 3283 - 3289
   13  and insert:
   14         (b) If the insurer invokes neutral evaluation before
   15  litigation begins, the actions of the insurer are not a
   16  confession of judgment or admission of liability if the insurer
   17  acknowledges coverage in writing and tenders all undisputed
   18  policy proceeds due within 30 days after the date neutral
   19  evaluation is completed. The insurer is not liable for
   20  attorney’s fees under s. 627.428 or other provisions of the
   21  insurance code unless the policyholder obtains a judgment that
   22  is more favorable than the recommendation of the neutral
   23  evaluator.
   24         (16) If the insurer and the policyholder agree to comply
   25  with the neutral