Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS/CS/HB 1101, 2nd Eng.
Barcode 465392
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
03/08/2012 08:45 AM .
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Senator Fasano moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 2069 and 2070
4 insert:
5 Section 16. Subsection (2) of section 627.7073, Florida
6 Statutes, is amended to read:
7 627.7073 Sinkhole reports.—
8 (2) An insurer that has paid a claim for a sinkhole loss
9 shall file a copy of the report and certification, prepared
10 pursuant to subsection (1), including the legal description of
11 the real property and the name of the property owner, the
12 neutral evaluator’s report, if any, which indicates that
13 sinkhole activity caused the damage claimed, a copy of the
14 certification indicating that stabilization has been completed,
15 if applicable, and the amount of the payment, with the county
16 clerk of court, who shall record the report and certification.
17 The insurer shall bear the cost of filing and recording one or
18 more reports and certifications. If an insurer fails to file a
19 copy of the report within 30 days after payment of a sinkhole
20 claim, a $25 penalty shall be assessed for each day beyond the
21 30th day that the insurer is determined to be in noncompliance
22 with this section until the insurer is in compliance, which
23 shall be payable to the clerk of the court. There shall be no
24 cause of action or liability against an insurer for compliance
25 with this section.
26 (a) The recording of the report and certification does not:
27 1. Constitute a lien, encumbrance, or restriction on the
28 title to the real property or constitute a defect in the title
29 to the real property;
30 2. Create any cause of action or liability against any
31 grantor of the real property for breach of any warranty of good
32 title or warranty against encumbrances; or
33 3. Create any cause of action or liability against any
34 title insurer that insures the title to the real property.
35 (b) As a precondition to accepting payment for a sinkhole
36 loss, the policyholder must file a copy of any sinkhole report
37 regarding the insured property which was prepared on behalf or
38 at the request of the policyholder. The policyholder shall bear
39 the cost of filing and recording the sinkhole report. The
40 recording of the report does not:
41 1. Constitute a lien, encumbrance, or restriction on the
42 title to the real property or constitute a defect in the title
43 to the real property;
44 2. Create any cause of action or liability against any
45 grantor of the real property for breach of any warranty of good
46 title or warranty against encumbrances; or
47 3. Create any cause of action or liability against a title
48 insurer that insures the title to the real property.
49 (c) The seller of real property upon which a sinkhole claim
50 has been made by the seller and paid by the insurer must
51 disclose to the buyer of such property, before the closing, that
52 a claim has been paid and whether or not the full amount of the
53 proceeds was used to repair the sinkhole damage.
54
55 ================= T I T L E A M E N D M E N T ================
56 And the title is amended as follows:
57 Delete line 68
58 and insert:
59 a definition; amending s. 627.7073, F.S.; providing a
60 penalty for noncompliance with certain sinkhole
61 reporting requirements; deleting a provision limiting
62 an insurer’s liability for noncompliance; amending s.
63 627.7295, F.S.; clarifying