Florida Statute 627.7074 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.7074

627.7074 Alternative procedure for resolution of disputed sinkhole insurance claims.—

(1) The department shall:

(a) Certify and maintain a list of persons who are neutral evaluators.

(b) Prepare a consumer information pamphlet for distribution by insurers to policyholders which clearly describes the neutral evaluation process and includes information necessary for the policyholder to request a neutral evaluation.

(2) Neutral evaluation is available to either party if a sinkhole report has been issued pursuant to s. 627.7073. At a minimum, neutral evaluation must determine:

(a) Causation;

(b) All methods of stabilization and repair both above and below ground;

(d) Information necessary to carry out subsection (12).

(3) If there is coverage available under the policy and the claim was submitted within the timeframe provided in s. 627.706(5), following the receipt of the report provided under s. 627.7073 or the denial of a claim for a sinkhole loss, the insurer shall notify the policyholder of his or her right to participate in the neutral evaluation program under this section. Neutral evaluation supersedes the alternative dispute resolution process under s. 627.7015 but does not invalidate the appraisal clause of the insurance policy. The insurer shall provide to the policyholder the consumer information pamphlet prepared by the department pursuant to subsection (1) electronically or by United States mail.

(4) Neutral evaluation is nonbinding, but mandatory if requested by either party. A request for neutral evaluation may be filed with the department by the policyholder or the insurer on a form approved by the department. The request for neutral evaluation must state the reason for the request and must include an explanation of all the issues in dispute at the time of the request. Filing a request for neutral evaluation tolls the applicable time requirements for filing suit for 60 days following the conclusion of the neutral evaluation process or the time prescribed in s. 95.11, whichever is later.

(5) Neutral evaluation shall be conducted as an informal process in which formal rules of evidence and procedure need not be observed. A party to neutral evaluation is not required to attend neutral evaluation if a representative of the party attends and has the authority to make a binding decision on behalf of the party. All parties shall participate in the evaluation in good faith. The neutral evaluator must be allowed reasonable access to the interior and exterior of insured structures to be evaluated or for which a claim has been made. Any reports initiated by the policyholder, or an agent of the policyholder, confirming a sinkhole loss or disputing another sinkhole report regarding insured structures must be provided to the neutral evaluator before the evaluator’s physical inspection of the insured property.

(6) The insurer shall pay reasonable costs associated with the neutral evaluation. However, if a party chooses to hire a court reporter or stenographer to contemporaneously record and document the neutral evaluation, that party must bear such costs.

(7) Upon receipt of a request for neutral evaluation, the department shall provide the parties a list of certified neutral evaluators. The department shall allow the parties to submit requests to disqualify evaluators on the list for cause.

(a) The department shall disqualify neutral evaluators for cause based only on any of the following grounds:

1. A familial relationship within the third degree exists between the neutral evaluator and either party or a representative of either party.

2. The proposed neutral evaluator has, in a professional capacity, previously represented either party or a representative of either party in the same or a substantially related matter.

3. The proposed neutral evaluator has, in a professional capacity, represented another person in the same or a substantially related matter and that person’s interests are materially adverse to the interests of the parties. The term “substantially related matter” means participation by the neutral evaluator on the same claim, property, or adjacent property.

4. The proposed neutral evaluator has, within the preceding 5 years, worked as an employer or employee of any party to the case.

5. The proposed neutral evaluator has, within the preceding 5 years, worked for any entity that performed any sinkhole loss testing, review, or analysis for the property.

(b) The department shall deny an application for, or suspend or revoke its certification of, a neutral evaluator to serve in such capacity if the department finds that ¹any of the following grounds exist:

1. Lack of one or more of the qualifications specified in this section for approval or certification.

2. Material misstatement, misrepresentation, or fraud in obtaining or attempting to obtain the approval or certification.

3. Demonstrated lack of fitness or trustworthiness to act as a neutral evaluator.

4. Fraudulent or dishonest practices in the conduct of an evaluation or in the conduct of financial services business.

5. Violation of any provision of this code or of a lawful order or rule of the department, or aiding, instructing, or encouraging another party in committing such a violation.

(c) The parties shall appoint a neutral evaluator from the department list and promptly inform the department. If the parties cannot agree to a neutral evaluator within 14 business days, the department shall appoint a neutral evaluator from the list of certified neutral evaluators. The department shall allow each party to disqualify two neutral evaluators without cause. Upon selection or appointment, the department shall promptly refer the request to the neutral evaluator.

(d) Within 14 business days after referral, the neutral evaluator shall notify the policyholder and the insurer of the date, time, and place of the neutral evaluation conference. The conference may be held by telephone, if feasible and desirable. The neutral evaluator shall make reasonable efforts to hold the conference within 90 days after the receipt of the request by the department. Failure of the neutral evaluator to hold the conference within 90 days does not invalidate either party’s right to neutral evaluation or to a neutral evaluation conference held outside this timeframe.

(8) For policyholders not represented by an attorney, a consumer affairs specialist of the department or an employee designated as the primary contact for consumers on issues relating to sinkholes under s. 624.307(10)(a)5. shall be available for consultation to the extent that he or she may lawfully do so.

(9) Evidence of an offer to settle a claim during the neutral evaluation process, as well as any relevant conduct or statements made in negotiations concerning the offer to settle a claim, is inadmissible to prove liability or absence of liability for the claim or its value.

(10) Regardless of when noticed, any court proceeding related to the subject matter of the neutral evaluation shall be stayed pending completion of the neutral evaluation and for 5 days after the filing of the neutral evaluator’s report with the court.

(11) If, based upon his or her professional training and credentials, a neutral evaluator is qualified to determine only disputes relating to causation or method of repair, the department shall allow the neutral evaluator to enlist the assistance of another professional from the neutral evaluators list not previously stricken, who, based upon his or her professional training and credentials, is able to provide an opinion as to other disputed issues. A professional who would be disqualified for any reason listed in subsection (7) must be disqualified. The neutral evaluator may also use the services of professional engineers and professional geologists who are not certified as neutral evaluators, as well as licensed building contractors, in order to ensure that all items in dispute are addressed and the neutral evaluation can be completed. Any professional engineer, professional geologist, or licensed building contractor retained may be disqualified for any of the reasons listed in subsection (7). The neutral evaluator may request the entity that performed the investigation pursuant to s. 627.7072 perform such additional and reasonable testing as deemed necessary in the professional opinion of the neutral evaluator.

(12) At the conclusion of the neutral evaluation, the neutral evaluator shall prepare a report describing all matters that are the subject of the neutral evaluation, including whether, in his or her opinion, the sinkhole loss has been verified or eliminated within a reasonable degree of professional probability and, if verified, whether the sinkhole activity caused structural damage to the covered building, and, if so, the need for and estimated costs of stabilizing the land and any covered buildings and other appropriate remediation or necessary building repairs due to the sinkhole loss. The evaluator’s report shall be sent to all parties and to the department, within 14 days after completing the neutral evaluation conference.

(13) The recommendation of the neutral evaluator is not binding on any party, and the parties retain access to the court. The neutral evaluator’s written recommendation, oral testimony, and full report shall be admitted in any action, litigation, or proceeding relating to the claim or to the cause of action giving rise to the claim.

(14) If the insurer timely agrees in writing to comply and timely complies with the recommendation of the neutral evaluator, but the policyholder declines to resolve the matter in accordance with the recommendation of the neutral evaluator pursuant to this section:

(a) The insurer is not liable for extracontractual damages related to a claim for a sinkhole loss but only as related to the issues determined by the neutral evaluation process. This section does not affect or impair claims for extracontractual damages unrelated to the issues determined by the neutral evaluation process contained in this section; and

(b) The actions of the insurer are not a confession of judgment or admission of liability.

(15) If the insurer agrees to comply with the neutral evaluator’s report, payments shall be made in accordance with the terms and conditions of the applicable insurance policy pursuant to s. 627.707(5).

(16) Neutral evaluators are deemed to be agents of the department and have immunity from suit as provided in s. 44.107.

(17) The department shall adopt rules of procedure for the neutral evaluation process and adopt rules for certifying, denying certification of, suspending certification of, and revoking the certification as a neutral evaluator.

(18) The department may designate, by means of a written contract or agreement, an entity or a person to serve as administrator to carry out any of the provisions of this section.

History.—s. 29, ch. 2006-12; s. 27, ch. 2011-39; s. 7, ch. 2014-86; s. 30, ch. 2014-123; s. 6, ch. 2015-135; s. 18, ch. 2016-132; s. 42, ch. 2017-3; s. 19, ch. 2022-271; s. 36, ch. 2023-144.

¹Note.—As amended by s. 7, ch. 2014-86. The amendment by s. 30, ch. 2014-123, uses the words “one or more” instead of the word “any.”

F.S. 627.7074 on Google Scholar

F.S. 627.7074 on Casetext

Amendments to 627.7074

Arrestable Offenses / Crimes under Fla. Stat. 627.7074

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.7074.

Annotations, Discussions, Cases:

Cases Citing Statute 627.7074

Total Results: 20

FLORIDA INSURANCE GUARANTY ASSOCIATION v. YANICET REYES

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-30T00:53:00-07:00

Snippet: Administrative Code and as authorized by section 627.7074, Florida Statutes (2013). The evaluator held a

OLD DOMINION INSURANCE CO. v. JOSEPH TIPTON

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-26T00:53:00-07:00

Snippet: evaluation pursuant to section 627.7074, Florida Statutes (2014). See § 627.7074(10) ("Regardless of …that the stay of court proceedings under section 627.7074(10) pending neutral evaluation also stayed the…; that the legislative purpose behind section 627.7074 is "to efficiently resolve sinkhole disputes…procedure.1 By its plain language, therefore, section 627.7074(10) does not stay that period. Moreover, there…rule 1.442 indicating that a stay under section 627.7074(10)—or the operation of any other statute or rule

State of Florida, Dept. of Financial Ser. v. Danahy & Murray, P.A., and Bennett Dennison, PLLC

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-20T00:53:00-07:00

Snippet: sinkhole insurance claims. See §§ 627.7015 & 627.7074, Fla. Stat. (2016). To participate in either program

Landers v. State Farm

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-14T23:53:00-08:00

Snippet: Department of Financial Services pursuant to section 627.7074, Florida Statutes (2008), SDII amended its report

Omega Insurance Company v. Wallace

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-16T00:00:00-07:00

Citation: 224 So. 3d 864, 2017 Fla. App. LEXIS 11691, 2017 WL 3495211

Snippet: resolution created specifically for sinkhole cases. § 627.7074, Fla. *866 Stat. (2010). It is…issues a decision- that is admissible at trial. § 627.7074(12), (13). . 3 . See, e.g., Shelton

Leandro de la Fuente v. Florida Insurance Guaranty Association

Court: Fla. | Date Filed: 2016-10-20T00:00:00-07:00

Citation: 202 So. 3d 396, 41 Fla. L. Weekly Supp. 473, 2016 Fla. LEXIS 2327

Snippet: evaluation of their claim. See §§ 627.707, 627.7074, Fla. Stat. (2009). The homeowners requested such

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: provide for a neutral evaluation procedure. § 627.7074, Fla. Stat. (2015). Neutral evaluation is mandatory…mandatory if requested by either party, section 627.7074(4), Fla. Stat. (2015), but the insurer bears the… the cost for the neutral evaluation. § 627.7074(6), Fla. Stat. Court proceedings are stayed pending …pending the completion of any neutral evaluation. § 627.7074(10), Fla. Stat. Once the neutral …activity, and an estimated cost for repairs. § 627.7074(12), Fla. Stat. Significantly, the results of

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: stabilize the property. §-627.7074(12). These recommendations are nonbinding. § 627.7074(13). The insurer and…recommendations of the insurer’s professional, section 627.7074 provides an alternative method to resolve the …if either party requests - it. See § 627.7074(4). The neutral evaluator prepares a report detailing…the recommendation of the neutral evaluator,” § 627.7074(15). This Case — The Relevant…invoked the neutral evaluation process of section 627.7074. The neutral evaluator concluded that compaction

Case v. Power Hill Prime Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-11T00:00:00-07:00

Citation: 191 So. 3d 526, 2016 Fla. App. LEXIS 7113, 2016 WL 2731195

Snippet: BLACK, JJ., Concur. 1 . Section 627.7074, Florida Statutes (2009), sets forth a process

Citizens Property Insurance Corporation v. Blaha

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-08T00:00:00-07:00

Citation: 194 So. 3d 411, 2016 Fla. App. LEXIS 5399, 2016 WL 1385629

Snippet: the neutral evaluation procedure under section 627.7074, Florida Statutes (2012), and litigation was stayed

Citizens Property Insurance Corporation v. Amat

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-19T00:00:00-08:00

Citation: 198 So. 3d 730, 2016 Fla. App. LEXIS 2412, 2016 WL 670189

Snippet: neutral evaluation process, described in section 627.7074, Florida Statutes (2010), the Homeowners declined

Sanchez v. Tower Hill Signature Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-11T00:00:00-08:00

Citation: 181 So. 3d 1211, 2015 Fla. App. LEXIS 18482, 2015 WL 8483944

Snippet: statutorily-authorized neutral evaluation process. See § 627.7074, Fla. Stat. (2009). The neutral evaluator’s recommended

Florida Insurance Guaranty Association, Inc. v. Lustre

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-24T00:00:00-07:00

Citation: 163 So. 3d 624, 2015 Fla. App. LEXIS 6026, 2015 WL 1874445

Snippet: appraisal depends on the contract provisions.”); § 627.7074, Fla. Stat. (2009) (providing for nonbinding,

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: all portions is possible”). Pursuant to section 627.7074(12), when neutral evaluation is invoked the neutral…nonbinding, “and the parties retain access to court.” § 627.7074(13). And the statute provides a contingency for…the recommendation of the neutral evaluator.” § 627.7074(15)(b). As such, the legislature clearly intended

Cuevas v. Tower Hill Signature Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-30T00:00:00-08:00

Citation: 173 So. 3d 986, 2015 Fla. App. LEXIS 1204, 2015 WL 403927

Snippet: neutral evaluation process pursuant to section 627.7074, Florida Statutes (2011). Shortly thereafter, … stayed the litigation, as required by section 627.7074(10). Following the conclusion of neutral evaluation… *987 Judgment (Violation of Section 627.7074(10), Florida Statutes, and “Suit Against Us” Provision…Provision). Tower Hill contended that section 627.7074 prohibits the initiation of judicial proceedings…Cuevas’ policy specifically incorporated section 627.7074(10), making it a term and condition of the contract

Curtis v. Tower Hill Prime Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-14T00:00:00-08:00

Citation: 154 So. 3d 1193, 2015 Fla. App. LEXIS 398, 2015 WL 159254

Snippet: captioned “No Payment Owed” and “Violation of Section 627.7074(10), Florida Statutes, and ‘Suit Against Us’ Provision… neutral evaluator’s report with the court.” § 627.7074(10), Fla. Stat. (2011). 4 Notably,

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: pursuant to section 627.7074. That section provides, in pertinent part, as follows: 627.7074 Alternative procedure…disputed sinkhole insurance claims provided by F.S. 627.7074. (Emphasis added.) Tower Hill also told the Herreras

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: party. See § 627.7074(13), Fla. Stat. (2009). In 2011, the Legislature amended section 627.7074 to provide…of disputed sinkhole claims is available. Id. § 627.7074. This procedure provides for “neutral evaluation…evidence and procedure need not be observed.” Id. § 627.7074(5). A request for neutral evaluation is made with…with the Department of Financial Services. Id. § 627.7074(4); State Farm Fla. Ins. Co. v. Colella, 95 So…mandatory if requested by either party.” Id. § 627.7074(4). Thus, once the request for neutral evaluation

Citizens Property Insurance Corp. v. King

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-13T00:00:00-07:00

Citation: 161 So. 3d 463, 2014 WL 2619673, 2014 Fla. App. LEXIS 9109

Snippet: to Citizen’s notice of stay pursuant to section 627.7074(10), Florida Statutes (2013), in the underlying… stay with the trial court pursuant to section 627.7074(10). Ms. King filed an objection to the notice…participate in the neutral evaluation process. See § 627.7074(3). The trial court sustained Ms. King’s objection… of neutral evaluation, as required by section 627.7074(10). See Trapeo, 136 So.3d at 680; Finley, 160

Citizens Property Insurance Corp. v. Bellas

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-30T00:00:00-07:00

Citation: 147 So. 3d 1019, 2014 Fla. App. LEXIS 8266, 2014 WL 2441802

Snippet: evaluation statute that is set forth in section 627.7074(10), Florida Statutes (2011), mandates an automatic