Changes to Proposed Sinkhole Database Rule Issued Today

After consideration of feedback received at a January 11, 2010 Rule Hearing,  the Florida Department of Financial Services (“DFS”), Division of Consumer Services issued changes to proposed Rule 69J-9.001 entitled “Database of Information Relating to Sinkholes” today, March 12, 2010.  The changes are reprinted below, or click here to access the on-line version.

As prescribed by Florida law, the DFS has consulted with the Florida Geological Survey and the Florida Department of Environmental Protection to implement a statewide electronic database of sinkholes and related activity. The form and content of the database is set forth in the proposed Rule.

The law provides for the database content to include standards for reporting and investigating sinkholes for inclusion in the database, along with requirements for insurers to report the receipt of claims involving sinkhole loss and other similar activities. The database may also include information on damage due to ground settling and other subsidence activity. 

The proposed Rule would require insurers to submit an electronic report (on a secured DFS Web site) on all sinkhole claims investigated after January 1, 2005.  Some of the information would include the name of the insurance company, where the claim occurred and the depth and width of the sinkhole.

 

Notice of Change

69J-9.001: Database of Information Relating to Sinkholes

(1) Purpose and Scope. This rule implements Section 627.7065, F.S. The sinkhole database established under this rule is prompted by the dramatic increase in the number of sinkholes and insurance claims for sinkhole damage in the state.

(2)(a) through (b) No change.

(c) “Catastrophic ground cover collapse” or “collapse” means catastrophic ground cover collapse as defined in Section 627.706, F.S.

(d) through (h) No change.

(3) Insurers shall electronically submit data for all sinkhole or catastrophic ground cover collapse claims confirmed investigated on or after January 1, 2005 to the Department of Financial Services (DFS), within the later of 60 days of the date of the investigation or the effective date of this rule. Data shall be submitted within 1 year of the effective date of this rule for any historical data related to confirmed sinkhole or catastrophic ground cover collapse claims closed on or after January 1, 2005 or within 60 days of the closure of a confirmed sinkhole or catastrophic ground cover collapse claim occurring after the effective date of this rule. Data shall be electronically submitted on Form DFS-I5-1999, “Sinkhole or Catastrophic Ground Cover Collapse Report,” (Effective 8/2009), which is hereby incorporated by reference. The report form shall be obtained from and submitted to the DFS through the website at https://apps.fldfs.com/sinkholereport. No fee is required. Once submitted, reports shall be electronically updated on the DFS website within 60 days of any change in a reportable data element required by subsections (5) and (6) of this rule.

(4) The DFS shall allow insurers to provide an initial report of claims data for sinkhole and catastrophic ground cover collapse claims occurring between January 1, 2005 and December 31, 2010 2009 via a database upload. In order for such data to be acceptable by DFS, it shall be formatted to meet the criteria specified by DFS in Form DFS-I5-1999.

(5) The sinkhole database shall include fields for the following information related to confirmed sinkhole and catastrophic ground cover collapse claims:

(a) through (g) No change.

(h) Whether a sinkhole or catastrophic ground cover collapse finding was disputed;

(i) through (n) renumbered (h) through (m) No change.

(6) The database shall include fields for the following information specific to confirmed catastrophic ground cover collapse claims:

(a)(o) Longitude at which the claim occurred;

(b)(p) Latitude at which the claim occurred;

(c)(q) Method by which latitude and longitude were determined (i.e., topographic map, survey, hand held GPS);

(d)(r) GPS datum type used;

(e)(s) Survey Township;

(f)(t) Survey Section;

(g)(u) Survey Range;

(h)(v) Elevation of land surface affected by collapse;

(i)(w) Measured depth of collapse sinkhole;

(j)(x) Measured width of collapse sinkhole (include minimum and maximum width);

(k)(y) Slope of the collapse sinkhole walls (include minimum and maximum slope);

(l)(z) Whether water is visible in the collapse sinkhole;

(m)(aa) Whether limestone is visible in the collapse sinkhole;

(n)(bb) Whether a cave is visible in the collapse sinkhole;

(o)(cc) Estimated time period for formation of the collapse sinkhole;

(p)(dd) Any pre-collapse indicators;

(q)(ee) Triggering mechanism most likely to have caused collapse sinkhole;

(r)(ff) Soil type at collapse sinkhole location;

(s)(gg) Land use of property involved in the collapse sinkhole loss;

(t)(hh) Structure affected by collapse sinkhole (i.e., residence, road, retention pond, etc.);

(u)(ii) Type of professional (Professional Geologist or Professional Engineer) who investigated collapse sinkhole;

(v)(jj) Whether the collapse sinkhole was repaired as part of the claim.

 

Should you have any questions or comments, please contact Colodny Fass.

 

To unsubscribe from this newsletter, please send an email to sgray@cftlaw.com.