Florida Statutes
Fla. Stat. § 627.7073 (2025)
Sinkhole reports.
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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.
Notes of Decisions
Cited in 12
cases, 2010–2016 · leading case: Kathy Johnson v. Omega Ins. Co., 200 So. 3d 1207 (Fla. 2016).
Kathy Johnson v. Omega Ins. Co., 200 So. 3d 1207 (Fla. 2016). “Yet, the court below failed to acknowledge the topic sentence of the same paragraph, where we plainly stated, “Nothing in section 627.7073, the statute in question here, justifies application of that statute to the litigation context.”
Universal Ins. Co. of North Am. v. Warfel, 82 So. 3d 47 (Fla. 2012). “Section 627.7073 governs those sinkhole reports, and subsection (l)(c) of that section provides: The respective findings, opinions, and recommendations of the engineer and professional geologist as to the verification or elimination of a sinkhole loss and *50 the findings,…”
Warfel v. Universal Ins. Co. of North Am., 36 So. 3d 136 (Fla. 2d DCA 2010). “7072 and to issue a *138 report in accordance with section 627.7073. This report bears the presumption of correctness.”
U.S. Bank Nat'l Ass'n v. Rios, 166 So. 3d 202 (Fla. 2d DCA 2015). “Colfin concluded that the failure to disclose the existence of the sinkhole activity in accordance with section 627.7073 constituted fraud and that as a result of the fraud and inequity against Colfin, the court should set aside the sale.”
Citizens Prop. Ins. Corp. v. Munoz, 158 So. 3d 671 (Fla. 2d DCA 2014). “And section 627.7073(l)(c) does provide that this report “shall be presumed correct.”
Citizens Prop. Ins. Corp. v. Salkey, 190 So. 3d 1092 (Fla. 2d DCA 2016). “Usually the decision to deny a sinkhole claim is made after an expert issues a "sinkhole report" as described in section 627.7073. It is unlikely that this - 13 - statute was written by a scientist because the expert is given only two options: (1) that the sinkhole loss is…”
Citizens Prop. Ins. Corp. v. Nunez, 194 So. 3d 1064 (Fla. 2d DCA 2016). “We added that, in the litigation context, the insurer is not entitled to rely on section 627.7073(c)’s presumption that the insurer’s engineer’s recommendation is correct when the insured provides evidence challenging the insurer’s proposed repair method.”
Gonzalez v. Liberty Mut. Fire Ins., 981 F. Supp. 2d 1219 (M.D. Fla. 2013). “Under Section 627.7073, Florida Statutes (2010), sinkhole loss is “verified” if the engineer determines that “the cause of the actual physical and structural damage is sinkhole activity.”
Citizens Prop. Ins. Corp. v. Alvarez, 198 So. 3d 45 (Fla. 2d DCA 2015). “In its appeal, Citizens argues that it was entitled to a directed verdict due'to a so-called statutory presumption of correctness,- which was afforded to certain findings and recommendations of engineering or geological professionals in sinkhole claims under the law applicable…”
Roker v. Tower Hill Preferred Ins. Co., 164 So. 3d 690 (Fla. 2d DCA 2015). “Ultimately, the supreme court held that the presumption disappeared once evidence rebutting it was introduced. Id. at 59. Because Roker submitted evidence rebutting Tower Hill’s report, Tower Hill may not rely on section 627.”
State Farm Florida Ins. Co. v. Colella, 95 So. 3d 891 (Fla. 2d DCA 2012). “It obtained the sinkhole report described in section 627.7073. It relied on that report to inform Ms.”
Omega Ins. Co. v. Johnson, 207 So. 3d 245 (Fla. 5th DCA 2014). “The report shall be in compliance with the requirements of section 627.7073, Florida Statutes, and shall be issued to the insurer and the insured.”
627.7073(1): 3 cases
Kathy Johnson v. Omega Ins. Co., 200 So. 3d 1207 (Fla. 2016). “Yet, the court below failed to acknowledge the topic sentence of the same paragraph, where we plainly stated, “Nothing in section 627.7073, the statute in question here, justifies application of that statute to the litigation context.”
Universal Ins. Co. of North Am. v. Warfel, 82 So. 3d 47 (Fla. 2012). “Section 627.7073 governs those sinkhole reports, and subsection (l)(c) of that section provides: The respective findings, opinions, and recommendations of the engineer and professional geologist as to the verification or elimination of a sinkhole loss and *50 the findings,…”
Omega Ins. Co. v. Johnson, 207 So. 3d 245 (Fla. 5th DCA 2014). “The report shall be in compliance with the requirements of section 627.7073, Florida Statutes, and shall be issued to the insurer and the insured.”
627.7073(1)(a): 1 case
Citizens Prop. Ins. Corp. v. Salkey, 190 So. 3d 1092 (Fla. 2d DCA 2016). “Usually the decision to deny a sinkhole claim is made after an expert issues a "sinkhole report" as described in section 627.7073. It is unlikely that this - 13 - statute was written by a scientist because the expert is given only two options: (1) that the sinkhole loss is…”
627.7073(1)(c): 3 cases
Kathy Johnson v. Omega Ins. Co., 200 So. 3d 1207 (Fla. 2016). “Yet, the court below failed to acknowledge the topic sentence of the same paragraph, where we plainly stated, “Nothing in section 627.7073, the statute in question here, justifies application of that statute to the litigation context.”
Warfel v. Universal Ins. Co. of North Am., 36 So. 3d 136 (Fla. 2d DCA 2010). “7072 and to issue a *138 report in accordance with section 627.7073. This report bears the presumption of correctness.”
Universal Ins. Co. of North Am. v. Warfel, 82 So. 3d 47 (Fla. 2012). “Section 627.7073 governs those sinkhole reports, and subsection (l)(c) of that section provides: The respective findings, opinions, and recommendations of the engineer and professional geologist as to the verification or elimination of a sinkhole loss and *50 the findings,…”
627.7073(2): 2 cases
Universal Ins. Co. of North Am. v. Warfel, 82 So. 3d 47 (Fla. 2012). “Section 627.7073 governs those sinkhole reports, and subsection (l)(c) of that section provides: The respective findings, opinions, and recommendations of the engineer and professional geologist as to the verification or elimination of a sinkhole loss and *50 the findings,…”
U.S. Bank Nat'l Ass'n v. Rios, 166 So. 3d 202 (Fla. 2d DCA 2015). “Colfin concluded that the failure to disclose the existence of the sinkhole activity in accordance with section 627.7073 constituted fraud and that as a result of the fraud and inequity against Colfin, the court should set aside the sale.”
627.7073(2)(a): 2 cases
U.S. Bank Nat'l Ass'n v. Rios, 166 So. 3d 202 (Fla. 2d DCA 2015). “Colfin concluded that the failure to disclose the existence of the sinkhole activity in accordance with section 627.7073 constituted fraud and that as a result of the fraud and inequity against Colfin, the court should set aside the sale.”
Gonzalez v. Liberty Mut. Fire Ins., 981 F. Supp. 2d 1219 (M.D. Fla. 2013). “Under Section 627.7073, Florida Statutes (2010), sinkhole loss is “verified” if the engineer determines that “the cause of the actual physical and structural damage is sinkhole activity.”
627.7073(c): 1 case
Citizens Prop. Ins. Corp. v. Nunez, 194 So. 3d 1064 (Fla. 2d DCA 2016). “We added that, in the litigation context, the insurer is not entitled to rely on section 627.7073(c)’s presumption that the insurer’s engineer’s recommendation is correct when the insured provides evidence challenging the insurer’s proposed repair method.”
627.7073(l)(a): 2 cases
Citizens Prop. Ins. Corp. v. Salkey, 190 So. 3d 1092 (Fla. 2d DCA 2016). “Usually the decision to deny a sinkhole claim is made after an expert issues a "sinkhole report" as described in section 627.7073. It is unlikely that this - 13 - statute was written by a scientist because the expert is given only two options: (1) that the sinkhole loss is…”
Citizens Prop. Ins. Corp. v. Nunez, 194 So. 3d 1064 (Fla. 2d DCA 2016). “We added that, in the litigation context, the insurer is not entitled to rely on section 627.7073(c)’s presumption that the insurer’s engineer’s recommendation is correct when the insured provides evidence challenging the insurer’s proposed repair method.”
627.7073(l)(c): 9 cases
Universal Ins. Co. of North Am. v. Warfel, 82 So. 3d 47 (Fla. 2012). “Section 627.7073 governs those sinkhole reports, and subsection (l)(c) of that section provides: The respective findings, opinions, and recommendations of the engineer and professional geologist as to the verification or elimination of a sinkhole loss and *50 the findings,…”
Kathy Johnson v. Omega Ins. Co., 200 So. 3d 1207 (Fla. 2016). “Yet, the court below failed to acknowledge the topic sentence of the same paragraph, where we plainly stated, “Nothing in section 627.7073, the statute in question here, justifies application of that statute to the litigation context.”
Warfel v. Universal Ins. Co. of North Am., 36 So. 3d 136 (Fla. 2d DCA 2010). “7072 and to issue a *138 report in accordance with section 627.7073. This report bears the presumption of correctness.”
Citizens Prop. Ins. Corp. v. Munoz, 158 So. 3d 671 (Fla. 2d DCA 2014). “And section 627.7073(l)(c) does provide that this report “shall be presumed correct.”
Citizens Prop. Ins. Corp. v. Alvarez, 198 So. 3d 45 (Fla. 2d DCA 2015). “In its appeal, Citizens argues that it was entitled to a directed verdict due'to a so-called statutory presumption of correctness,- which was afforded to certain findings and recommendations of engineering or geological professionals in sinkhole claims under the law applicable…”
627.7073(l)(e): 2 cases
Universal Ins. Co. of North Am. v. Warfel, 82 So. 3d 47 (Fla. 2012). “Section 627.7073 governs those sinkhole reports, and subsection (l)(c) of that section provides: The respective findings, opinions, and recommendations of the engineer and professional geologist as to the verification or elimination of a sinkhole loss and *50 the findings,…”
Citizens Prop. Ins. Corp. v. Munoz, 158 So. 3d 671 (Fla. 2d DCA 2014). “And section 627.7073(l)(c) does provide that this report “shall be presumed correct.”
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