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County Officials Skeptical Of Sinkhole Attorneys

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By Carl  Orth | The Suncoast News

Published: September 11, 2007

DADE CITY, FL - DADE CITY, FL - A new sinkhole-damage tracking system is being subverted by opportunistic lawyers trying to scare up clients, county commissioners complained today.

In March, the county began requiring a property owner or engineer to obtain a sinkhole tracking permit from the county before an insurance claim is filed or repairs are done.

In the past, homeowners could pocket some or all of an insurance settlement arising from a sinkhole damage claim instead of spending it on repairs. The county made the changes to curb suspected abuse of the sinkhole claim process and to help bring down insurance rates.

The change, however, has had an "unintended consequence," Commissioner Michael Cox said during today's commission meeting here. Some attorneys, he said, are using the permit tracking system as "a prospecting tool."

Attorneys are looking up the sinkhole tracking permits, which are public documents, and then sending letters to homeowners listed on the permit. In the letters, according to Cox, the legal firm offers to deal with the insurance company on behalf of the homeowner to get more money or a faster payment.

Earlier this week, state Sen. Mike Fasano, R-New Port Richey, complained about the same thing. He provided a sample letter that said the attorneys would try to get the insurance companies to pay any sinkhole-related legal fees or costs.

"Those fees will no doubt be substantial, perhaps up to 40 percent of the settlement," Fasano complained in a Sept. 10 letter drawing attention to the solicitation by the lawyers.

Commissioners were peeved today as well.

"What is so sad is they are putting fear in residents," Commission Chairwoman Ann Hildebrand said about attorneys.

Commissioners agreed with the advice given by Fasano.

Residents can get free advice first from Florida's sinkhole ombudsman, David Fisher. A state program will help guide homeowners through the complicated maze of sinkhole claims, Fasano explained. The homeowner can still decide to sue later if Fisher cannot resolve the matter.

The state sinkhole ombudsman can be reached, toll free, at 1-800-342-2762.

Commissioners decided today to put a flyer about the state sinkhole ombudsman program inside the package for county sinkhole tracking permits.

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