Florida/Georgia Personal Injury & Workers Compensation

...The policy insured them "against all risks of physical loss to the property covered ... except as otherwise excluded or limited" but contained a standard exclusion for any loss caused by earth movement or sinking. The policy included a mandatory endorsement for sinkhole collapse coverage pursuant to section 627.706, Florida Statutes (1981)....

...After the policy was issued, effective June 1, 2005, the Florida Legislature restructured the statutory scheme pertaining to the sinkhole claim process with regard to database information, testing standards, and reporting requirements. See id. The Legislature amended sections 627.706 and 627.707, Florida Statutes (2005), and enacted sections 627.7065, 627.7072, and 627.7073, Florida Statutes (2005)....

...the recovery of insurance benefits for the loss. See id. Before trial, Universal moved the trial court to apply the sinkhole statutes that became effective on June 1, 2005. See id. The trial court denied Universal’s motions with regard to sections 627.706 and 627.707 because it found that those amendments were substantive and did not apply retroactively. See id. at 137 n. 2. However, the trial court granted Universal’s motion to apply sections 627.7065, 627.7072, and 627.7073 retroactively, reasoning that the statutes were procedural....

...esentative of the Thayer-Wig-more approach and section 90.304 of the Morgan-McCormick view, and that the Florida Evidence Code embraced California’s system of handling presumptions. Sinkhole Law Backgrounds In 1981, the Florida Legislature enacted section 627.706, which required “[e]very insurer authorized to transact property insurance in Florida [to] make available coverage for insurable sinkhole losses on any structure.” Ch....

...new version became effective on June 8, 1993, did not contain a sunset provision, and remained unchanged until 2005. In 2005, the Legislature significantly restructured the sinkhole claim process. Chapter 2005-111, Laws of Florida, amended sections 627.706 and 627.707, Florida Statutes (2005), and enacted sections 627.7065, 627.7072, and 627.7073, Florida Statutes (2005)....

...and building stabilization and foundation repair shall be presumed correct. Ch.2005-111, § 21, Laws of Fla. The presumption created during the claim process which is articulated in section 627.7073(l)(c) is the presumption in question in this ease. Section 627.706 was amended to include definitions for “sinkhole,” “sinkhole loss,” “sinkhole activity,” “engineer,” and “professional geologist.” Ch.2005-111, § 17, Laws of Fla. Finally, the Legislature enacted section 627.7065 to create a “database of information relating to sinkholes.” Ch.2005-111, § 18, Laws of Fla....

...o policy goals: (1) the reduction of the number of disputed sinkhole claims in Florida; and (2) the reduction of the overall costs associated with sinkhole losses in Florida. To support this contention, Universal relies on the following excerpt from section 627.7065, Florida Statutes (2005): The Legislature finds that there has been a dramatic increase in the number of sinkholes and insurance claims for sinkhole damage in the state during the past 10 years....

...public and in studying property claims activities in the insurance industry. (Emphasis supplied.) Preliminarily, the two “policies” that Universal alleges are advanced by section 627.7073 do not even appear to be “social policies.” At best, section 627.7065 indicates the need for research so that a social policy can be formed and the public protected....

...*579 Neither does it matter that the sinkhole endorsement in Hudson was obtained under an earlier version of the applicable insurance statute. In Hudson , the statute provided that every property insurer in Florida “shall make available coverage for insurable sinkhole losses on any structure.” § 627.706(1), Fla....

...(1981). The version of the statute applicable to Mejia’s policy was substantially identical save for specifying that every property insurer in Florida “shall make available, for an appropriate additional premium, coverage for sinkhole losses.” § 627.706(1), Fla. Stat. (2009) (emphasis added). Significantly, in both versions of the statute the insurer was required to make available coverage for sinkhole losses “to the extent provided” in the form to which the sinkhole coverage attaches. Compare § 627.706(1), Fla. Stat. (1981), with § 627.706(1), Fla....

...The version of the Florida statute governing sinkhole insurance that was in effect in 2010 contained the same definition of “sinkhole loss” as the policy did, but similarly failed to define the term “structural damage.” See Fla. Stats. § 627.706(2)(c) (2005)....

...Prior to the statute being substantially amended in 2005, however, the term “sinkhole loss” was defined as “actual physical damage to the property covered arising out of or caused by sudden settlement or collapse of the earth supporting such property.” Fla. Stats. § 627.706(3) (1981) (emphasis added). The Florida Building Code (2004), on the other hand, defined “structural” as it relates to buildings: For purposes of this code, “structural” shall mean any part, material or asse...

...load and the removal of which part, material or assembly could cause, or be expected to cause, all or any portion to collapse or fail. Fla. Bldg. Code, Existing Buildings § 202 (2004). And a May 17, 2011 amendment to Florida Statutes § 627.706 eventually provided a detailed, technical definition of “structural damage,” itself referencing the Florida Building Code: 3  Case: 14-10549 Date Filed: 02/27/2015 Page: 4 of 18...

...Damage occurring on or after October 15, 2005, that qualifies as “substantial structural damage” as defined in the Florida Building Code. 4  Case: 14-10549 Date Filed: 02/27/2015 Page: 5 of 18 Fla. Stats. § 627.706(2)(k) (2011). 2....

...First Liberty retained Structural Engineering and Inspections, Inc. (SEI) to investigate the claim in September 2011. SEI concluded in a report that the Hegels’ residence “DOES NOT MEET the criteria for Structural Damage as defined by Florida Statutes §627.706 [2011].” (Emphases in original.) The SEI report noted some cracking and other issues, but determined that nothing rose to the level of “structural damage” as defined in the 2011 version of the statute....

...Kevin Scott, the neutral evaluator engaged for the claim, issued a report in July 2012. He noted that if the sinkhole claim was made under a policy with an effective date before May 17, 2011, then the 2011 definition of “structural damage” set forth in Florida Statutes § 627.706 would not apply....

...7  Case: 14-10549 Date Filed: 02/27/2015 Page: 8 of 18 there were no genuine disputes of material fact. It argued that the May 17, 2011 amendment to the definition of “structural damage” in Florida Statutes § 627.706 should be incorporated into the contractual definition of the term, and that the term could not mean simply any “damage to the structure.” In their motion, the Hegels claimed that they had met their burden of proving that the...

...“structural damage to the building”; and (2) the insurance policy incorporates the definitions of “structural” under the Florida Building Code (2004) and “structural damage” as “clarified” by the 2011 amendment to Florida Statutes § 627.706, such that the term “structural damage” must mean more than any “damage to the structure.” We agree with First 10  Case: 14-10549 Date Filed: 02/27/2015 Page: 11 of 18 Liberty that the plain meaning of “structural damage” cannot be simply any “damage to the structure” in the relevant context. As to the more technical definitions of “structural” and “structural damage” contained in the Florida Building Code and Florida Statutes § 627.706, however, we disagree with the proposition that they are incorporated into the insurance policy. 1....

...2. “Structural damage” as used in the 2005 version of Florida’s sinkhole-insurance statute does not mean “damage to the structure” Both parties acknowledge that the 2005 version of Florida Statutes § 627.706 applies to the Hegels’ insurance policy....

...First Liberty urges us to incorporate into the insurance policy the relatively narrow definitions of “structural” as set forth in the Florida Building Code (2004) and “structural damage” as “clarified” by the 2011 amendment to Florida Statutes § 627.706....

...Florida law also includes several statutory provisions which specifically address claims for sinkhole damage, commonly referred to as the “sinkhole statutes.” In part, the sinkhole statutes require insurers to provide policyholders the option of paying an additional premium for sinkhole coverage. § 627.706(l)(b), Fla. Stat. (2015). In this context, a sinkhole is described as “a .landform created by subsidence of soil, sediment, or rock as underlying strata are dissolved by groundwater.” § 627.706(2)(h), Fla....

...Sinkhole “activity” is defined as a “settlement or systematic weakening of the earth supporting the covered building” resulting from “contemporaneous movement or raveling of soils, sediments, or rock materials into subterranean voids.” § 627.706(2)©, Fla. Stat. An insurer may require an inspection of the property pri- or to issuing a policy which provides sinkhole coverage benefits. § 627.706(l)(b), Fla....

...insurance claims.” The statute defines and establishes the right to neutral *674 evaluation along with the procedures for neutral evaluation. “Neutral evaluation” is defined as “the alternative dispute resolution provided in s. 627.7074.” § 627.706(2)(b)....

...Trapeo argues that “Citizens failed to protect and safeguard its contractual right to neutral evaluation” and that “it has waived such right to participate in such process.” In addition to the response, Mr. Trapeo filed a “Motion to Prevent the Retroactive Application of Florida Statutes 627.706 through 627.7074” and a motion to determine the constitutionality of section 627.7074....

...le Zimmer focused on whether “sinkhole collapse”- was an “insurable sinkhole loss” under the 1979 version of Section 627.351(2) of the Florida Statutes. Since Zimmer references “sinkhole losses,” a term currently defined in Section *1294 627.706 of the-Florida Statutes, it is necessary to consider the applicability and purpose of Section 627.706 of the Florida Statutes. Under Section 627.706, property insurers are required to “provide coverage for a catastrophic ground cover collapse,” and must “make available, for an appropriate additional premium, coverage for sinkhole losses.” Fla. Stat. § 627.706 (l)(a) & (b) (2016). Thus, on its face, Section 627.706 differentiates between “catastrophic ground cover collapse” and “sinkhole losses.” “Catastrophic ground cover collapse” is defined as “geological activity that results in ... (1) The abrupt collapse of the ground cover; (2) A depression in the ground cover clearly visible to the naked eye; and (3) Structural damage to the covered building, including the foundation.” Fla. Stat. § 627.706 (2)(a)(l)-(3) (2016) (emphasis added)....

...only if the settlement or systematic weakening results from contemporaneous movement or raveling of soils, sediménts, or rock materials into subterranean voids creatéd' by the effect of water on a limestone or similar rock formation.” Fla. Stat. § 627.706 (i) (2016) (emphasis added). In the view of the Gourt, the “sinkhole collapse” exception in the Policy is more analogous to the “catastrophic ground cover collapse” coverage required under Section 627.706(l)(a) than the “sinkhole loss” coverage referenced in Section 627.706(l)(b). Notably, the definitions of “sinkhole collapse” under the Policy and “catastrophic ground cover collapse” under Section 627.706(l)(a) both contain a temporal element, i.e....

...th.”.In light of the foregoing, the Court believes that the “sinkhole collapse” exception contemplates the abrupt.rate of collapse described in the Amitie case. This is particularly true given that Zimmer was decided prior to the- enactment of Section 627.706 of the Florida Statutes in 1981 and, as a result, the Zimmer court was not in a position to consider the distinctions between the terms “sinkhole collapse” and “sinkhole activity.” Here, as described previously, the Plaintiff alleges that its representatives “discovered ......

...2007). 2. Both the 2011 and the 2009 statutes similarly define “sinkhole loss” as “structural damage to the covered building, including the foundation, caused by sinkhole activity,” except the word covered is not in the 2009 statute. § 627.706(2)(j), Fla. Stat. (2011); § 627.706(2)(c), Fla....

...In addition, according to the policy, State Farm does not insure for any loss to the property which consists of, or is directly and immediately caused by, settling, cracking, shrinking, bulging, or expansion of pavements, patios, foundation, walls, floors, roofs or ceilings. Section 627.706, Florida Statutes (1995), requires that every insurer in the state shall make available coverage for insurable sinkhole losses....

..."Sinkhole loss" is defined as "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." § 627.706(3), Fla....

...r “structural” conveys a distinguishing meaning and, accordingly, meaningfully modifies the phrase “damage to the building” and that “structural damage to the building” means “damage to the structural integrity of the building.” Both Section 627.706, Florida Statutes (2010), and the insurance policy, effective November 1, 2010, state: Sinkhole Loss means structural damage to the building, including the foundation, caused by sinkhole activity....

...removal of which part, material or assembly could cause, or be expected to cause, all or any portion to collapse or fail.” Florida Existing Building Code 2004. § 202.2 (rev. 2007). THE LEGISLATIVE CONTEXT In 1981, the Florida Legislature adopted Section 627.706, Florida Statutes, which requires each authorized property insurer in Florida to provide coverage for “sinkhole loss.” As adopted in 1981, Section 627.706 defined (1) “loss” as “structural damage to the building” and (2) “sinkhole loss” as “actual physical damage to the property ... 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.” Section 627.706(2) provided that “[contents coverage shall apply only if there is structural damage to the building.” The 1981 statute included no definition of “structural damage.” Finding a “dramatic increase” in sinkhole damage claims,...

...ined as “structural damage to the building, including the foundation, caused by sinkhole activity.” Ch. 2005-111, §§ 17, 18, Laws of Fla. According to Chapter 2011-39, Section 21, Laws of Florida, “In 2005, the Legislature revised [Sections] 627.706-627.7074, Florida Statutes, to adopt certain geological or technical terms; to increase reliance on objective, scientific testing requirements; and generally to reduce the number of sinkhole claims and related disputes arising under prior law...

...After Bissell and the other central Florida circuit courts held that “structural damage” meant “damage to the structure,” the Legislature in 2011 and for the first time adopted a statutory definition of “structural damage.” Ch. 2011-39, § 22, Laws of Fla. Effective May 17, 2011, Section 627.706(2)(k)’s definition features terms employed by architects and engineers to identify damage that threatens the structural soundness of the building and the safety of the building’s occupants: “Structural damage” means a covered...

...ne necessary for the purpose of supporting such building as defined within the Florida Building Code; or 5. Damage occurring on or after October 15, 2005, that qualifies as “substantial structural damage” as defined in the Florida Building Code. Section 627.706(2) announces that the statutory definition applies when “structural damage” is “used in connection with any policy providing coverage for ......

...residents, increases the cost of property insurance, and increases the state’s reliance on a residual property insurance market and its potential for imposing assessments on policyholders throughout the state. (2) In 2005, the Legislature revised ss. 627.706-627.7074, Florida Statutes, to adopt certain geological or technical terms; to increase reliance on objective, scientific testing requirements; and generally to reduce the number of sinkhole claims and related disputes arising under prior law....

...(3) Pursuant to sections 22 through 27 of this act, technical or scientific definitions adopted in the 2005 legislation are clarified to implement and advance the Legislature’s intended reduction of sinkhole claims and disputes. Certain other revisions to ss. 627.706-627.7074, Florida Statutes, are enacted to advance legislative intent to rely on scientific or technical determinations relating to sinkholes *1229 and sinkhole claims, reduce the number and cost of disputes relating to sinkhole claims, an...

...Section 627.7074(12) requires the neutral evaluator to opine about the “estimated costs of stabilizing ... any covered structures or buildings and other ... structural repair” (but not to opine about the cost of repairing all the damage to all the parts in the building). Second, Section 627.706(1), Florida Statutes (2010), 7 requires an insurer to “provide coverage for a catastrophic ground cover collapse,” a peril less common but usually more expensive than sinkhole loss. Section 627.706(2), Florida Statutes (2010), notes that “catastrophic ground cover collapse” is more than merely “structural damage.” Section 627.706(2)(a), Florida Statutes (2010) defines “catastrophic ground cover collapse”: (a) “Catastrophic ground cover collapse” means geological activity that results in all the following: 3....

...Also, in the motion for summary judgment (Doc. 16) Liberty Mutual requests a declaration that the definition of “structural damage” that determines the coverage available to the plaintiffs in this action includes the May 17, 2011, statutory amendment to Section 627.706, which amendment provides a five-part definition of “structural damage.” Although a resolution of the plaintiffs’ claims might require a determination of the applicability of the 2011 amendment, 9 a resolution of *1232 Liberty M...

...Because Liberty Mutual’s motion for summary judgment requests relief beyond the relief contemplated in the counterclaim for declaratory judgment, the motion for summary judgment is DENIED to the extent of the request for a determination of the applicability to the plaintiffs of the 2011 amendments to Section 627.706....

...interpretive mechanism heavily laden with risk, although disarmingly simple in appearance. . In 2011, the legislature expressly incorporated into each property insurance policy the five-part, technical definition of "structural damage.” Fla. Stat. § 627.706 (2) ("As used in [Sections] 627.706-627.7074, and as used in connection with any policy providing coverage for a catastrophic ground cover collapse or for sinkhole losses, the term ......

...17, ¶ 5) After sending Florida Geotechnical Engineering, Inc. (“FGE”) to investigate, Defendant denied Plaintiffs’ claim based on FGE’s conclusion that the insured property did not experience “structural damage” as defined by Fla. Stat. § 627.706 (2011)....

...Therefore, if determination of the case rests on deciding which competing version of the facts and events is true, then summary judgment is inappropriate and the case should be submitted to the jury. Rollins v. TechSouth, Inc., 833 F.2d 1525, 1531 (11th Cir.1987). DISCUSSION From 1981, Florida Statute 627.706(1) required that insurers make coverage *1229 available for sinkhole loss....

...r the purpose of supporting such building as defined within the Florida Building Code; or 5. Damage occurring on or after October 15, 2005, that qualifies as “substantial structural damage” as defined in the Florida Building Code. See FLA. STAT. 627.706(j)-(k) (2011)....

...that, “there shall be no cause of action or liability against an insurer for compliance with this section.” (Doc. 19 at 9) Therefore, the initial test done by FGE and the finding that there was no “structural damage” as defined by Fla. Stat. § 627.706 (2011) was sufficient....

...USAA Casualty Ins. Co., 2012 WL 1094321 (M.D.Fla.2012), the court held that the undefined phrase “structural damage” in insurance policy means “damage to the structure.” Furthermore, this district has held that the 2011 Amendment to Florida Statute 627.706 cannot be applied retroactively to insurance policies that predate the enactment of the 2011 Amendment and that, as defined in Ayres , the undefined term “structural damage” means “damage to the structure.” Zawadzki, 2012 WL 3656456 at *3 (M.D.Fla.2012)....

...Appellants (collectively, “Farm Bureau”) seek review of an order issued by the Office of Insurance Regulation (“Office”) disapproving their amended sinkhole loss coverage endorsement. *861 Farm Bureau provides property and casualty insurance in Florida pursuant to certificates of authority issued by the Office. Section 627.706(1), Florida Statutes (2011), requires Farm Bureau and other property insurers to provide coverage for catastrophic ground cover collapse in their residential property insurance policies, and to make available optional coverage for sinkhole losses. Farm Bureau sought the Office’s approval of a proposed amendment to its endorsement form limiting sinkhole loss coverage to 25 percent of the overall coverage amount for the insured dwelling. The Office concluded that section 627.706(1) requires insurers to offer sinkhole loss coverage in an amount equal to the dwelling coverage limit, and thus, it disapproved Farm Bureau’s amended endorsement....

...The agency’s construction of the statute receives judicial deference if it falls within the permissible range of interpretations, and does not conflict with the plain and ordinary intent of the law. See Colbert v. Dep’t of Health, 890 So.2d 1165, 1166 (Fla. 1st DCA 2004). Under section 627.706, “[e]very insurer authorized to transact property insurance in this state must provide coverage for a catastrophic ground cover collapse.” § 627.706(l)(a), Fla....

...A policy for residential property insurance may include a deductible amount applicable to sinkhole losses equal to 1 percent, 2 percent, 5 percent, or 10 .percent of the policy dwelling limits, with appropriate premium discounts offered with each deductible amount. § 627.706(l)(b), Fla....

...base property insurance policy. Consequently, under the Office’s interpretation, an insurer must offer optional sinkhole loss coverage on an insured structure to the extent provided in the base policy. The term “form” is not defined in either section 627.706 or elsewhere in the Insurance Code....

...Stat. (2011); see also DuFresne v. State, 826 So.2d 272, 275 (Fla.2002) (“... in cases where the exact meaning of a term was not defined in a statute itself, we have ascertained its meaning by reference to other statutory provisions _”). Reading section 627.706(l)(b) as a whole, we conclude that defining the term “form” to mean the base policy is *862 within the permissible range of interpretations....

...e loss coverage, while Farm Bureau’s interpretation would permit insurers to offer so little sinkhole insurance as to make the optional coverage valueless. Farm Bureau seeks to amend its sinkhole coverage endorsement, contending that amendments to section 627.706 enacted in 2011 gave property insurers the discretion to set their own coverage limits as a way to address legislative concerns about dramatic increases in sinkhole loss claims....

...2011-39, § 21, Laws of Fla. Implicit in this argument is an acknowledgment that Farm Bureau agreed with the Office’s interpretation before the amendments took effect. We can find no new statutory language to support Farm Bureau’s current position. The amendments to 627.706 through 627.7074 primarily clarified and added technical or scientific provisions to “reduce the number and cost of disputes relating to sinkhole claims, and ensure that repairs are made commensurate with the scientific and technical determinations and insurance claims payments.” Ch. 2011-39, § 21 at 58, Laws of Fla. The only new provision in section 627.706 limiting sinkhole coverage provides, “The insurer may restrict catastrophic ground cover collapse and sinkhole loss coverage to the principal building, as defined in the applicable policy.” § 627.706(l)(c), Fla. Stat. (2011); see ch. 2011-39, § 22 at 58, Laws of Fla. The provision at issue in this case— requiring insurers to provide sinkhole loss coverage “to the extent provided in the form to which the coverage attaches” — is not new to section 627.706(1), but predates the 2011 amendments. In fact, this language has appeared unchanged in section 627.706 since 2007, when the Legislature amended the statute to mandate catastrophic ground cover collapse coverage in addition to optional sinkhole loss coverage. See § 627.706(1), Fla. Stat. (2007); ch. 2007-1, § 30, Laws of Fla. As explained above, we conclude that the Office’s construction of section 627.706(l)(b) is within the range of permissible interpretations, and therefore, is not clearly erroneous....

...They have reiterated the same point in this appeal: the Newlins' claim revolved entirely around whether there was limestone "rock" underneath the Newlins' home. If there was, then the cracking in their house walls could be said to be the result of "sinkhole activity" as defined by section 627.706(2)(i), Florida Statutes (2010)....

...res’ loss covered under the policy provision insuring against earth settlement or collapse resulting from “subterranean voids created by the action of water on limestone or similar rock formations.” REVERSED. SMITH and THOMPSON, JJ., concur. . Section 627.706, Florida Statutes, became law in 1981. It requires property insurers to make sinkhole coverage available. The definition of sinkhole collapse in the quoted policy provision is virtually identical to the following definition found in Section 627.706(3), Florida Statutes (1981): “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 collaps...

...As a result of HomeWise's adjudication of insolvency, FIGA was activated to handle the "covered claims" (as defined by statute) of the insolvent 1The definition of "sinkhole loss" in the policy is substantially identical to the definition found in section 627.706(2)(c), Florida Statutes (2008). -2- insurer in accordance with sections 631.50 through 631.70, Florida Statutes (2011), the Florida Insurance Guaranty Association Act (the FIGA Act)....

reported possible sinkhole activity to Citizens. See § 627.706(2)(i), Fla. Stat. (2017) (" 'Sinkhole

...Nevertheless, we decline to affirm the trial court on this basis. We think that the reasonable inferences from the evidence on this point are sufficient to overcome involuntary dismissal. . A loss due to a "sinkhole,” for example, is expressly excluded under die definition of earth movement. See § 627.706, Fla....

definitions are similar to, but not verbatim from, section 627.706(2), Florida Statutes (2008). . This addition

...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. $ * * * * * Fla. Stat. § 627.706 (1981) (emphasis added)....

...2011-39, § 22 (the “2011 Amendment”). 3 Pursuant to the Enabling Act, the 2011 Amendment went into effect *1231 on May 17, 2011 (ie., the date it was signed by the Governor and became law). See 2011 Fla. Sess. Law. Serv. Ch. 2011-39, § 32. 4 As amended, section 627.706 provides: (2) As used in ss. 627.706-627.7074 and as used in connection with any policy providing coverage for a catastrophic ground cover collapse or for sinkhole losses, the term: * $ * * # ❖ (j) “Sinkhole loss” means structural damage to the covered building, including the foundation, caused by sinkhole activity....

...y for the purpose of supporting such building as defined within the Florida Building Code; or 5. Damage occurring on or after October 15, 2005, that qualifies as “substantial structural damage” as defined in the Florida Building Code. Fla. Stat. § 627.706 (2)(k) (2011) (emphasis added)....

...residents, increases the cost of property insurance, and increases the state’s reliance on a residual property insurance market and its potential for imposing assessments on policyholders throughout the state. (2) In 2005, the Legislature revised ss. 627.706-627.7074, Florida Statutes, to adopt certain geological or technical terms; to increase reliance on objective, scientific testing requirements; and generally to reduce the number of sinkhole claims and related disputes arising under prior law....

...(3) Pursuant to sections 22 through 27 of this act, technical or scientific definitions adopted in the 2005 legislation are clarified to implement and advance the Legislature’s intended reduction of sinkhole claims and disputes. Certain other revisions to ss. 627.706-627.7074, Florida Statutes, are enacted to advance legislative intent to rely on scientific or technical determinations relating to sinkholes and sinkhole claims, reduce the number and cost of disputes relating to sinkhole claims, and ensu...

...overage under the Policy, Great American argues that the 2011 Amendment simply “clarified” the definition of “sinkhole loss” by adding a definition of “structural damage.” That is, Great American argues, the 2011 Amendment merely revised section 627.706 to conform the plain language of the statute with what the Legislature purportedly intended in 2005 when it first amended the definition of “sinkhole loss” to incorporate the term “structural damage.” This contention flies in the face of reason and is inapposite to well-established Florida law....

...Similarly, the title of the Enabling Act neither expressly nor implicitly addresses the issue of retroactivity. See Chiapetta v. Jordan, 153 Fla. 788 , 16 So.2d 641, 645 (1944) (noting title of an act may serve as evidence of legislative intent). While section 627.706, as amended, provides that the statutory definition of “structural damage” applies to “any policy providing coverage ... for sinkhole losses ....,” Fla. Stat. § 627.706 (2) (emphasis added), this language was in the statute prior to the 2011 Amendment. 15 More *1240 over, although a subsection of the definition of “structural damage” expressly purports to apply to damage “occurring on or after October 15, 2005,” Fla. Stat. § 627.706 (2)(k), 16 the mere fact that some words in the statute become surplusage without a retroactive application does not, standing alone, render intent sufficiently clear to overcome the presumption against retroactivity....

...mary Judgment (Dkt. 45) is GRANTED. (2) Defendant, Great American Alliance Insurance Company’s Cross-Motion for *1244 Partial Summary Judgment (Dkt. 46) is DENIED. (3) The Court will not apply the definition of “structural damage” contained in Section 627.706(2)(k), Florida Statutes, when construing the same term in the Policy....

...version of section 627.7074 would apply if either party elects to proceed with neutral evaluation in the future, the Court declines to provide what essentially would amount to an advisory opinion. . While the parties focus on this 2005 amendment to section 627.706 as the starting point for their statutory analysis, it is telling that the term "structural damage” remained undefined in the statute from the date of its enactment in 1981 through the 2011 amendment at issue. . The 2011 Amendment was one component of a broad piece of legislation by which the Legislature effected numerous changes to the Florida statutory scheme governing property insurance, including section 627.706 and other statutory provisions relating to sinkhole coverage....

...1, 2011. See FL Staff An., S.B. 408, 5/5/2011. Specifically, the original version of the legislation that was approved by the Senate and submitted to the House included the following relevant language: Section 34. The amendments made by this act to ss. 627.706-627.7074, Florida Statutes, and the accompanying legislative findings related to those statutes, which affect procedural rights, do not apply to insurance claims reported to an insurer before February 1, 2011, but do apply to claims reported to an insurer on or after that date. Amendments made by this act to ss. 627.706-627.7074, Florida Statutes, and the accompanying legislative findings related to those statutes, which affect substantive rights, apply to claims reported to an insurer on or after July 1, 2011....

...United Services Auto. Ass’n, Case No. 08-5173 (Fla. 6th Jud. Cir. Mar. 2, 2010) (“The court finds as a matter of law that the term 'structural damage' within the subject insurance policy and as set forth in [the pre-amended version of] Fla: Stat. § 627.706, means damage to the structure, in this case, the house.”)....

...s only to post-enactment conduct. For example, the statute provides that insurers “must provide coverage for catastrophic ground cover collapse” and “shall make available ... coverage for sinkhole losses on any structure ...." *1240 Fla. Stat. § 627.706 (l)(a), (b) (emphasis added)....

...excluded sinkhole damage." Five circumstances appear to explain their confusion. First, neither the transmittal letter with the policy nor the beginning sections of the insurance policy contains a warning that this exclusion exists. Section 627.706(4), Florida Statutes (2008), required insurers offering policies that exclude coverage for sinkhole damage to "inform policyholders in bold type" of that exclusion. The majority's opinion quotes the statutory warning and relies on it as the primary source of the clear and unambiguous exclusion of coverage....

...But Florida Peninsula did nothing similar for the sinkhole exclusion. These circumstances do not make the policy legally ambiguous. I am not -9- certain what, if any, remedy is available to Ms. Cespedes if Florida Peninsula failed to comply with section 627.706(4), Florida Statutes....

...A sinkhole loss claim was timely submitted by Sam chez to Tower Hill on or about November 9, 2009. Tower Hill retained SDII Global Corporation (“SDII”) to perform an investigation of the residence. SDII concluded that a sinkhole loss, as defined by section 627.706, Florida Statutes (2009), had occurred and recommended that certain subsurface repairs be performed....

...(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. Fla. Stat. § 627.706 (1981)....

...Id. In 2011, the Florida Legislature for the first time defined “structural damage” to be applied when interpreting insurance policies providing sinkhole insurance coverage. That amendment went into effect on May 17, 2011. As amended, Fla. Stat. § 627.706 provides: (j) “Sinkhole loss” means structural damage to the covered building, including the foundation, caused by sinkhole activity....

...the purpose of supporting such building as defined *1320 within the Florida Building Code; or 5. Damage occurring on or after October 15, 2005, that qualifies as “substantial structural damage” as defined in the Florida Building Code. Fla. Stat. § 627.706 (2)(k) (2011)....

...In count four of the operative complaint, the Wallaces alleged that Omega breached the policy by refusing to make payment on the repair contract. 1 We note that, after the cause of action accrued in this case, the legislature adopted a five-part definition of "structural damage." See § 627.706(2)(k), Fla....

...statutory change that was in effect during the policy period. The statutory change, which was not an issue in Mejia, added a definition for the term "structural damage," specifying what would constitute such damage. See ch. 11-39, § 22, Laws of Fla.; cf. § 627.706(2)(k) Fla....

...The Barberans respond that the statutory change did not alter the burden of proof and 3 that the trial court's instruction was fully consistent with the applicable law. We agree that the addition of a definition for the term "structural damage" to section 627.706(2) did not alter an insured's burden of proof. Cf. Hegel v. First Liberty Ins. Corp., 778 F.3d 1214, 1222 (11th Cir. 2015) (declining to incorporate the definition of "structural damage" in section 627.706 into an insurance policy and reiterating that a court may not rewrite a contract and was required to "determine the plain meaning of the term 'structural damage' ")....