Florida Law Onine Resources

SINKHOLES

US Geologic Survey, has extensive sinkhole information
www.usgs.gov

Southwest Florida Water Management District information on sinkholes
www.swfwmd.state.fl.us

University of Florida, Extension service, sinkholes
This site has many useful and interesting links
http://aquat1.ifas.ufl.edu/guide/sinkholes.html

Florida Department of Natural Resources Sinkhole Map

SINKHOLE STATUTES

Florida Statute 627.706 Sinkhole insurance. -

(1) Every insurer authorized to transact property insurance in this state shall make available coverage for insurable sinkhole losses on any structure, including contents of personal property contained therein, to the extent provided in the form to which the sinkhole coverage attaches.

(2) "Loss" means structural damage to the building. Contents coverage shall apply only if there is structural damage to the building.

(3) "Sinkhole loss" means actual physical damage to the property covered arising out of or caused by sudden settlement or collapse of the earth supporting such property only when such settlement or collapse results from subterranean voids created by the action of water on a limestone or similar rock formation.

(4) Every insurer authorized to transact property insurance in this state shall make a proper filing with the department for the purpose of extending the appropriate forms of property insurance to include coverage for insurable sinkhole losses.

(5) This section shall apply to new and renewal policies or contracts delivered or issued for delivery in this state on or after October 1, 1981.

Florida Statutes 627.707 Minimum standards for investigation of sinkhole claims by insurers; non-renewals.

(1) Upon receipt of a claim for a sinkhole loss, an insurer must meet the following minimum standards in investigating a claim:

(a) Upon receipt of a claim for a sinkhole loss, the insurer must make an inspection of the insured's premises to determine if there has been physical damage to the structure which might be the result of sinkhole activity.

(b) If, upon the investigation pursuant to paragraph (a), the insurer discovers damage to a structure which is consistent with sinkhole activity or if the structure is located in close proximity to a structure in which sinkhole damage has been verified, then prior to denying a claim, the insurer must obtain a written certification from an individual qualified to determine the existence of sinkhole activity, stating that the cause of the claim is not sinkhole activity, and that the analysis conducted was of sufficient scope to eliminate sinkhole activity as the cause of damage within a reasonable professional probability. The written certification must also specify the professional discipline and professional licensure or registration under which the analysis was conducted.

(c) If the insurer obtains, pursuant to paragraph (b), written certification that the cause of the claim was not sinkhole activity, and if the policyholder has submitted the sinkhole claim without good faith grounds for submitting such claim, the policyholder shall reimburse the insurer for 50 percent of the cost of the analysis under paragraph (b); however, a policyholder is not required to reimburse an insurer more than $2,500 with respect to any claim. A policyholder is required to pay reimbursement under this paragraph only if the insurer, prior to ordering the analysis under paragraph (b), informs the policyholder of the policyholder's potential liability for reimbursement and gives the policyholder the opportunity to withdraw the claim.

(2) No insurer shall non-renew any policy of property insurance on the basis of filing of claims for partial loss caused by sinkhole damage or clay shrinkage as long as the total of such payments does not exceed the current policy limits of coverage for property damage, and provided the insured has repaired the structure in accordance with the engineering recommendations upon which any payment or policy proceeds were based.

MOLD

U.S. Environmental Protection Agency
www.epa.gov/iaq/molds
On the same site, also see the EPA guide: Mold Remediation in Schools and Commercial Buildings

The U.S. Center for Disease Control
http://www.cdc.gov/nceh/airpollution/mold/stachy.htm

Florida Department of Health
http://www.doh.state.fl.us/Environment/facility/iaq/mold.htm

FEMA

Claim information www.fema.gov/hazards
Various catastrophes. Available in English and Spanish

OTHER USEFUL LINKS AND DOCUMENTS

My Florida
www.myflorida.com

Academy of Florida Trial Lawyers
www.aftl.org

Florida Department of Insurance
http://www.fldfs.com/

Florida Senate (Florida Statutes on Line)
http://www.flsenate.gov

State Library and Archives
http://dlis.dos.state.fl.us/fgils/government.html

Florida Attorney General Complaint Form

Florida Department of Financial Services Complaint form

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