Florida Statute 627.7073 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.7073

627.7073 Sinkhole reports.—

(1) Upon completion of testing as provided in s. 627.7072, the professional engineer or professional geologist shall issue a report and certification to the insurer and the policyholder as provided in this section.

(a) Sinkhole loss is verified if, based upon tests performed in accordance with s. 627.7072, a professional engineer or a professional geologist issues a written report and certification stating:

1. That structural damage to the covered building has been identified within a reasonable professional probability.

2. That the cause of the structural damage is sinkhole activity within a reasonable professional probability.

3. That the analyses conducted were of sufficient scope to identify sinkhole activity as the cause of damage within a reasonable professional probability.

4. A description of the tests performed.

5. A recommendation by the professional engineer of methods for stabilizing the land and building and for making repairs to the foundation.

(b) If there is no structural damage or if sinkhole activity is eliminated as the cause of such damage to the covered building, the professional engineer or professional geologist shall issue a written report and certification to the policyholder and the insurer stating:

1. That there is no structural damage or the cause of such damage is not sinkhole activity within a reasonable professional probability.

2. That the analyses and tests conducted were of sufficient scope to eliminate sinkhole activity as the cause of the structural damage within a reasonable professional probability.

3. A statement of the cause of the structural damage within a reasonable professional probability.

4. A description of the tests performed.

(c) The respective findings, opinions, and recommendations of the insurer’s professional engineer or professional geologist as to the cause of distress to the property and the findings, opinions, and recommendations of the insurer’s professional engineer as to land and building stabilization and foundation repair set forth by s. 627.7072 shall be presumed correct.

(2) An insurer that has paid a claim for a sinkhole loss shall file a copy of the report and certification, prepared pursuant to subsection (1), including the legal description of the real property and the name of the property owner, the neutral evaluator’s report, if any, which indicates that sinkhole activity caused the damage claimed, a copy of the certification indicating that stabilization has been completed, if applicable, and the amount of the payment, with the county clerk of court, who shall record the report and certification. The insurer shall bear the cost of filing and recording one or more reports and certifications. There shall be no cause of action or liability against an insurer for compliance with this section.

(a) The recording of the report and certification does not:

1. Constitute a lien, encumbrance, or restriction on the title to the real property or constitute a defect in the title to the real property;

2. Create any cause of action or liability against any grantor of the real property for breach of any warranty of good title or warranty against encumbrances; or

3. Create any cause of action or liability against any title insurer that insures the title to the real property.

(b) As a precondition to accepting payment for a sinkhole loss, the policyholder must file a copy of any sinkhole report regarding the insured property which was prepared on behalf or at the request of the policyholder. The policyholder shall bear the cost of filing and recording the sinkhole report. The recording of the report does not:

1. Constitute a lien, encumbrance, or restriction on the title to the real property or constitute a defect in the title to the real property;

2. Create any cause of action or liability against any grantor of the real property for breach of any warranty of good title or warranty against encumbrances; or

3. Create any cause of action or liability against a title insurer that insures the title to the real property.

(c) The seller of real property upon which a sinkhole claim has been made by the seller and paid by the insurer must disclose to the buyer of such property, before the closing, that a claim has been paid and whether or not the full amount of the proceeds was used to repair the sinkhole damage.

(3) Upon completion of any building stabilization or foundation repairs for a verified sinkhole loss, the professional engineer responsible for monitoring the repairs shall issue a report to the property owner which specifies what repairs have been performed and certifies within a reasonable degree of professional probability that such repairs have been properly performed. The professional engineer issuing the report shall file a copy of the report and certification, which includes a legal description of the real property and the name of the property owner, with the county clerk of the court, who shall record the report and certification. This subsection does not create liability for an insurer based on any representation or certification by a professional engineer related to the stabilization or foundation repairs for the verified sinkhole loss.

History.—s. 21, ch. 2005-111; s. 28, ch. 2006-12; s. 26, ch. 2011-39.

F.S. 627.7073 on Google Scholar

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Amendments to 627.7073

Arrestable Offenses / Crimes under Fla. Stat. 627.7073

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.7073.

Annotations, Discussions, Cases:

Cases Citing Statute 627.7073

Total Results: 14

Ringelman v. Citizens Property Insurance Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-09-01T00:00:00-07:00

Citation: 228 So. 3d 602

Snippet: in the insurer’s report issued pursuant to s. 627.7073. (b) In order to' prevent additional

Kathy Johnson v. Omega Insurance Company

Court: Fla. | Date Filed: 2016-09-29T00:00:00-07:00

Citation: 200 So. 3d 1207, 41 Fla. L. Weekly Supp. 415, 2016 Fla. LEXIS 2148, 2016 WL 5477795

Snippet: methods, damages, and recommendations for repair. § 627.7073(1), Fla. Stat. During this initial claims process…receive a statutory presumption of correctness. § 627.7073(1)(c), Fla. Stat (2015). If the insured…presumption of correctness pursuant to section 627.7073(1)(c). Based on its report, Omega totally denied…insurance company. Id. at 50. Relevant here, section 627.7073(1)(c) had been amended to provide that the findings…create a burden-shifting presumption in section 627.7073(1)(c). Id. at 51. This Court affirmed. Id. at

Citizens Property Insurance Corporation v. Nunez

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-24T00:00:00-07:00

Citation: 194 So. 3d 1064, 2016 Fla. App. LEXIS 9693, 2016 WL 3450426

Snippet: repair • the property. § 627.7073(l)(a). The report is presumed correct. § 627.7073(l)(c). If the professional…the professional engineer as provided under s. 627.7073, and in consultation with, the policyholder.” …the insurer is not entitled to rely on section 627.7073(c)’s presumption that the insurer’s engineer’s… in the insurer’s report issued pursuant to s. 627.7073. 3 . The verdict form also contained

Citizens Property Insurance Corporation v. Salkey

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-26T00:00:00-08:00

Citation: 190 So. 3d 1092, 2016 Fla. App. LEXIS 2840, 2016 WL 746344

Snippet: issues a “sinkhole report” as described in section 627.7073. It is unlikely that this statute was written …as the eause of damage to the structure.” See § 627.7073(l)(a), (b). The statute does not address situations

Citizens Property Insurance Corporation v. Alvarez

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-30T00:00:00-07:00

Citation: 198 So. 3d 45, 2015 Fla. App. LEXIS 16136, 2015 WL 6575711

Snippet: under the law applicable in 2010. See § 627.7073(l)(c),: Fla. Stat. (2010). It also argues that

U.S. Bank National Ass'n v. Rios

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-10T00:00:00-07:00

Citation: 166 So. 3d 202, 2015 Fla. App. LEXIS 8768, 2015 WL 3609892

Snippet: section 627.7073 to establish any sort of fraud or impropriety is misplaced. Section 627.7073(2)(a) provides…the sinkhole activity in accordance with section 627.7073 constituted fraud and that as a result of the … It asserted that Colfin’s reliance on section 627.7073 to establish fraud was misplaced. In addition,…in recording the report as required by section 627.7073(2)(a), or who was responsible for the failure …insurance company insuring the property. Section 627.7073(2) further provides that (a) ... The recording

Roker v. Tower Hill Preferred Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-27T00:00:00-07:00

Citation: 164 So. 3d 690, 2015 Fla. App. LEXIS 4390

Snippet: the professional engineer as provided under s. 627.7073, and in consultation with the policyholder, subject…extent that Tower Hill is arguing that section 627.7073(l)(c) creates a presumption which justifies mandating…presumption, would render any portion of section 627.7073 unconstitutional and inconsistent with all other…Hill’s report, Tower Hill may not rely on section 627.7073(l)(c) to disprove the existence of a material

Citizens Property Insurance Corporation v. Munoz

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-24T00:00:00-08:00

Citation: 158 So. 3d 671, 2014 Fla. App. LEXIS 20820, 2014 WL 7331095

Snippet: 627.707(2), (4), Fla. Stat. (2010). And section 627.7073(l)(c) does provide that this report “shall be …that scheme [such as the presumption in section 627.7073(l)(e) ] to the evidentiary context is both misguided

Herrera v. Tower Hill Preferred Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-29T00:00:00-07:00

Citation: 161 So. 3d 565, 2014 Fla. App. LEXIS 17638, 2014 WL 5461969

Snippet: Following the receipt of the report provided under s. 627.7073 or the denial of a claim for a sinkhole loss,

Omega Insurance Co. v. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-05T00:00:00-07:00

Citation: 207 So. 3d 245, 2014 Fla. App. LEXIS 13737

Snippet: section 627.7073, Florida Statutes, and shall be issued to the insurer and the insured. Id. § 627.7073(1).…presumed correct.” Id. § 627.7073(l)(c). If a report is issued pursuant to section 627.7073, an alternative procedure…indicated, such reports are presumed correct. Id. § 627.7073(l)(c). This presumption is not *251an evidentiary

State Farm Florida Insurance Co. v. Colella

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-27T00:00:00-07:00

Citation: 95 So. 3d 891, 2012 WL 1448576, 2012 Fla. App. LEXIS 6612

Snippet: obtained the sinkhole report described in section 627.7073. It relied on that report to inform Ms. Colella… with the statute is “presumed correct.” See § 627.7073(l)(c); see also Warfel, 82 So.3d 47. During the

Universal Insurance Co. of North America v. Warfel

Court: Fla. | Date Filed: 2012-01-26T00:00:00-08:00

Citation: 82 So. 3d 47, 37 Fla. L. Weekly Supp. 50, 2012 WL 224104, 2012 Fla. LEXIS 195

Snippet: sinkhole damage. Section 627.7073(2), which immediately follows section 627.7073(l)(c), provides: Any insurer…damage. § 627.7073(2), Fla. Stat. (2006). The only mention of a “cause of action” in section 627.7073 is in…Language of Section 627.7073(1) (c) Even if this Court were to hold that section 627.7073(l)(c) is applicable…Legislative History of Section 627.7073(l)(c) Universal asserts that section 627.7073(l)(c) is an expression …, and enacted sections 627.7065, 627.7072, and 627.7073, Florida Statutes (2005). The sinkhole statutes

Warfel v. Universal Insurance Co. of North America

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-12T00:00:00-07:00

Citation: 36 So. 3d 136, 2010 Fla. App. LEXIS 6572, 2010 WL 1874367

Snippet: , and enacted sections 627.7065, 627.7072, and 627.7073 relating to database information, testing standards…), allowed a jury instruction based on section 627.7073(l)(c) as a rebut-table presumption affecting the…damage the home. Universal posited that section 627.7073(l)(c) required Mr. Warfel to prove that he suffered…defined by statute. The 2005 version of section 627.7073(l)(c) provided as follows: The respective findings… issue a *138report in accordance with section 627.7073. This report bears the presumption of correctness

Ago

Court: Fla. Att'y Gen. | Date Filed: 2008-12-09T23:53:00-08:00

Snippet: clerk of court for recording pursuant to section 627.7073, Florida Statutes, be acknowledged and notarized… County Clerk's Office pursuant to section 627.7073, Florida Statutes. An attorney has requested that…contains all of the elements described in section 627.7073, regardless of whether it is acknowledged as provided…to clarify its intent on this matter. Section 627.7073(1), Florida Statutes, provides that upon completion…foundation repair shall be presumed correct.2 Section 627.7073(2)(a), Florida Statutes, provides: "(2)