Florida Senate - 2012 SENATOR AMENDMENT Bill No. CS/CS/HB 1101, 2nd Eng. Barcode 465392 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 03/08/2012 08:45 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 no24 cause of action or liability against an insurer for compliance25 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