How does Florida Law currently define “sinkhole activity” and other related terms in light of the new statutory changes?
While these definition changes may simply appear to be minor, they have major implications for Florida homeowners.
“Sinkhole” means a landform created by subsidence of soil, sediment, or rock as underling strata are dissolved by groundwater. A sinkhole forms by collapse into subterranean voids created by dissolution of limestone or dolostone or by subsidence as these strata are dissolved.
“Sinkhole activity” means settlement or systematic weakening of the earth supporting the covered building only if the settlement or systematic weakening results from contemporaneous movement or raveling of soils, sediments, or rock materials into subterranean voids created by the effect of water on a limestone or similar rock formation.
“Sinkhole loss” means structural damage to the covered building, including the foundation, cause by sinkhole activity. Contents coverage and additional living expenses apply only if there is structural damage to the covered building caused by sinkhole activity.
It is worth noting as we have discussed multiple times on this blog that the new changes to the Statutes have made it incredibly more difficult on homeowners to have sinkhole losses confirmed because of the addition of the “structural damage” portion. We have devoted several articles on this blog to what actually constitutes “structural damage” under the new statute. The criteria are very stringent and specific. Previously, it was simply enough for a residence to have confirmed sinkhole activity, but lobbying efforts from insurance companies were successful in making the law more restrictive on Florida homeowners.
If you or someone you know believes their residence is being affected by sinkhole activity, contact the sinkhole lawyers of Hackworth Law for a free case consultation. We look forward to working with you and your family.