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Title Page 1 Title Page 2 Preface Page i Page ii Examination of the establishment of minimum standards for the evaluation of sinkhole claims Page V Page V-1 Page V-2 Page V-3 Page V-4 Page V-5 Page V-6 Page V-7 Page V-8 Page V-9 Page V-10 Page V-11 Page V-12 Page V-13 Page V-14 Page V-15 Page V-16 Page V-17 Page V-18 Page V-19 Page V-20 Page V-21 Page V-22 Page V-23 Page V-24 Need for an ongoing research resource Page VI Page VI-1 Page VI-2 Page VI-3 Page VI-4 Page VI-5 Page VI-6 Page VI-7 Page VI-8 Page VI-9 Page VI-10 Page VI-11 Page VI-12 Page VI-13 |
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STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Virginia B. Wetherell, Secretary DIVISION OF ADMINISTRATIVE & TECHNICAL SERVICES Nevin G. Smith, Director FLORIDA GEOLOGICAL SURVEY Walter Schmidt, State Geologist and Chief OPEN FILE REPORT NO. 72 GEOLOGIC AND GEOTECHNICAL ASSESSMENT FOR THE EVALUATION OF SINKHOLE CLAIMS FLORIDA GEOLOGICAL SURVEY TALLAHASSEE 1997 ISSN 1058-1391 :'3 July 1997 The 1992 Florida Legislature mandated that a study of sinkhole insurance issues be conducted. The study was completed by the Florida State University Center for Insurance Research, under the direction of the Florida Department of Insurance. The report, Insurance Study of Sinkholes, was submitted to the Department in December of 1992 and subsequently to the appropriate Legislative Committees. Two chapters of that report are reproduced here in response to interest from governmental agencies, the public, and the professional community. Chapter V, deals with "Claims Standards." It was determined during the course of the study that a listing of typical standards used by Professional Geologists or Professional Geotechnical Engineers was needed to offer guidance regarding what a competent geological assessment of a site should consider to determine if karst processes are responsible for observed features. Chapter V is titled: "Examination of the Establishment of Minimum Standards for the Evaluation of Sinkhole Claims." Chapter VI addresses the States need for an ongoing research resource to understand and characterize sinkhole occurrences and to create a central clearinghouse for the collection of sinkhole data and for its dissemination to the public.. The Chapter titled: "Need for an Ongoing Research Resource" includes input from four state university geology departments and the Florida Geological Survey. The reproduction of these chapters here is intended to better make available the results of the "Sinkhole Standards Summit' which was organized by the authors and attended by geologic experts from throughout the state. Their resulting consensus is presented in Chapter V of the report. Walter Schmidt, Ph.D., P.G. State Geologist & Chief Florida Geological Survey V. EXAMINATION OF THE ESTABLISHMENT OF MINIMUM STANDARDS FOR THE EVALUATION OF SINKHOLE CLAIMS Clear Determination of Whether an Insured Event Has Occurred Contract Definitions The appropriate place to look for the specification of the insured event is the subject insurance contract. In this analysis, contracts covering dwellings, i.e., Homeowners and Dwelling (monoline fire) Forms have been the focus. Most insurance companies operating in Florida use contract wording identical or similar to the copyright wording of the Insurance Services Office, Inc. (ISO). The key wording is the following sentence, "Sinkhole Collapse means actual physical damage arising out of, or caused by, sudden settlement or collapse of the earth \ supporting such property and only when such settlement or collapse results from subterranean voids created by the action of water on limestone or similar rock formations." The "actual physical damage" must be to "covered property." Obvious problems arising from this seemingly simple and understandable wording include how the word "sudden" is to be interpreted/enforced, how evidence of the necessary "subterranean voids" is to be established, and whether land is part of the "covered property." The threshold issue to be decided is what types of earth movement are to be included in the term sinkhole. The statute specifically defining sinkhole was enacted in 1981. There have been no cases interpreting it since that time. However, a case which pre-dated the statute, Zimmer v. Aetna,' was decided by 1383 So.2d 999 (Fla. 5th D.C.A. 1980). V-2 the Fifth District Court of Appeal in 1980. The Zimmer case construed the insurance policy definition of sinkhole discussed above. (The policy definition is almost identical to that contained in the rules developed by the Department pursuant to Section 627.351 F.S.) Discussions with an individual who was involved in the original Florida sinkhole reinsurance facility and who participated in the drafting of the sinkhole definition incorporated in the original rules of the Department indicated an intent to cover those sinkholes which are sudden and overnight in nature and amount to an immediate catastrophe.2 The Zimmer court indicated that the legislative purpose was not to limit losses to those of a "sudden, overnight nature, the type that amounts to an immediate catastrophe." The court indicated the legislative intent was to cover insurable sinkhole loss and that the Legislature did not intend to limit sinkhole loss to damage caused by "sudden settlement." The Zimmer court reasoned that inclusion of the word settlement clearly reflected the legislative purpose not to limit losses to those of a sudden and overnight nature. The court rejected the argument that coverage was limited to sinkholes which instantaneously appear when the ceiling over a large void in the subterranean layer falls because it is no longer able to support the load above. Clearly, instantaneous sinkholes were intended to be covered and have always been covered. Problems 2Telephone conversation of A. Butler with H. Parks. V-3 arise, however, in those situations where damages are the result of a continuous or slow settlement rather than instantaneous collapse. It is in these situations where determination of the cause of loss becomes difficult. Apparently, as a result of Zimmer, sinkholes which gradually manifest themselves have been covered (cover subsidence) as well as those which appear instantaneously (cover collapse). The Zimmer court found no statistics as to the number of each kind of sinkhole. The court also wrote that "sinkhole losses did not prove to be burdensome to the insurance industry." The court referred to the April 26, 1973 Insurance Commissioner's order which stated that during the first three years of the plan for equitable apportionment of losses between insurers, there had not been a single loss. The situation where no losses exist has changed. Specific statutory language outlining what earth movement perils are to be covered would aid in clarifying what types of loss the Legislature intended be covered. CURRENT ADJUSTMENT METHODS In order to determine the approach taken by insurers in investigating and settling sinkhole claims, ten companies were contacted and asked to explain the steps taken to adjust these claims. The companies included Aetna, Allstate, GEICO, Hartford, Liberty Mutual, Nationwide, Prudential, State Farm, Travelers, and USAA. Although there were some differences in the details of the claims adjustment process between companies, all followed V-4 essentially the same basic approach. This approach consisted of the following steps: 1. Upon receipt of a claim for sinkhole damage, the initial response of the insurers is to send one of their company adjusters to the site. While these adjusters are trained in the settlement of property claims, they are not specially trained in handling sinkhole claims. As a result, their role is primarily to determine if there is any obvious cause of the damage other than sinkhole. (Some examples of such other causes are excavations being done by the insured, something buried in the yard, etc.) It was stressed by all of the companies that a denial of a claim based on a visual inspection by the company adjuster is very rare. Similarly, unless there is an obvious sinkhole, it is unlikely that the company adjuster will immediately declare the loss to be covered. Several companies estimated that a decision based on this initial investigation occurs in less than one percent (1%) of all reported sinkhole claims. 2. Assuming that the cause of the damage is unclear, the companies contact a geotechnical engineering firm to investigate the loss. The engineers/geologists usually begin with a shallow boring since it is the least expensive of the techniques. If the results of the shallow boring are not conclusive, then a deep boring is V-5 used. (In some cases, ground penetrating radar (GPR) is used to determine the "best" places for conducting the deep borings. One company indicated that it uses GPR on any claim on the west coast of Florida.) The geotechnical engineering firm submits its report and its opinion to the company, which then makes its final decision based on the findings of the engineers/geologists. 3. Upon a determination that a loss is caused by a sinkhole, an engineering firm is used to determine the best approach for repairing the damage. All companies indicated that the benefit of the doubt is given to the policyholder--that is, any damage reported as being caused by a sinkhole is assumed to have resulted from a sinkhole unless there is an obvious alternative cause, or unless a qualified engineer/geologist states that it was not. Use of Professional Expertise The selection of "experts" by insurers in the detection of sinkholes is a function of their quality, their promptness in the submission of their findings, and the clarity of the reports they prepare. One aspect of their professional quality which is important to insurers is these persons' capability as courtroom witnesses. More than one claims person commented that this is an important issue. V-6 Circumstances Dictatina Use The principal circumstance dictating the use of an expert in the adjustment of a sinkhole claim is the lack of a clear determination that a sinkhole has or has not occurred. Normally, there is damage to property which could have been caused by a sinkhole but which could also have some other cause. These include soil dryness, water tables, improper foundation design or materials, excavation by burrowing animals, water pressure, soil erosion, earthquake, organic matter in the soil, and others. Where there is reasonable doubt, the rule seems to be that some professional expertise is desirable. The best outcome of this process is that there is a determination of the "probable" cause at the lowest possible cost. This "lowest possible cost," sometimes expressed alternately as a "reasonable" cost, is a difficult concept in practice; the insured and the insurance company may have vastly differing notions regarding what is "reasonable." Since the insurance companies are incurring the adjustment costs, an insurance company may decide to pay a questionable claim and forego the investigation because the cost of an exact determination of cause would exceed the payout. SINKHOLE SUMMIT On August 28, 1992, a "Sinkhole Standards Summit" (the Summit) was convened with eminent geologists and engineers from the state of Florida. It was intended to bring some certainty and consensus to the issue of minimum standards to be employed in the determination of the whether a sinkhole has caused damage to V-7 a structure. Thus, the main question which was addressed was "How do you determine the cause of the damage?" Dr. Walt Schmidt, Director of the Florida Geological Survey, was the moderator of this discussion. The invited participants in the Sinkhole Standards Summit were: Dr. Barry Beck* Former Director of the Florida Sinkhole Research Institute Orlando, FL Dr. John Garlanger Ardaman and Associates Orlando, FL Mr. Tony Gilboy Southwest Florida Water Management District Brooksville, FL -- Mr. Jack Harrington Brown Testing Laboratories, Inc. Tampa, FL Mr. Craig Hutcheson United States Geological Survey Tampa, FL Mr. Ed Lane Florida Geological Survey Tallahassee, FL Dr. Bill Parker* Department of Geology Florida State University Tallahassee, FL Dr. Anthony Randazzo Department of Geology University of Florida Gainesville, FL Dr. Tom Scott Florida Geological Survey Tallahassee, FL V-8 Mr. William Sinclair Environmental Consulting and Technology, Inc. Tampa, FL Dr. Mark Stewart, Chairperson Department of Geology University of South Florida Tampa, FL Mr. Bill Wilson Subsurface Evaluations, Inc. Winter Springs, FL Dr. Walter Schmidt, Director Florida Geological Survey Tallahassee, FL Mr. Bob Goehring PSI/Jammal & Associates Division Winter Park, FL *These invitees were unable to attend. Also in attendance were staff members of the Department of Insurance and the Florida Legislature, and Larry Brown of Brown Testing Laboratories, Tampa, Florida. A major complaint which had been voiced by the homeowners in Dunedin was the inconsistency across geological and engineering firms in the identification of the cause of damage to their homes. From the day-long discussion among these professionals the following consensus was achieved: 1. Ideally, three professionals are needed to provide input to the insurance companies regarding the cause of loss: a structural engineer, a professional geotechnical engineer, and a professional geologist. The structural engineer would be employed initially to give advice regarding the structural soundness of the V-9 building when constructed. The professional geologist would offer observations and interpretations regarding the earth and the actual cause of the damage (given poor construction has been ruled out by the structural engineer). Finally, the geotechnical engineer would supply input regarding the design of the foundation. The use of three professionals would be in the ideal (i.e., assuming no constraints with regard to money). Realistically, it was agreed that, at a minimum, a qualified individual must write the report. This individual must be a licensed professional engineer or a licensed professional geologist with documented experience with foundation subsidence. 2. Standardizing the sinkhole identification process so that each investigation is identical was deemed to be impossible and unnecessary by these engineers and geologists. A three-tier process was generally accepted as being necessary (see Table V-l). A checklist of points to consider was also recommended. If a process on this checklist was not undertaken, the recognition that this process was not undertaken should be noted in the report and the justification for this decision noted. V-10 Table V-1 APPROACHING A SETTLEMENT INVESTIGATION FROM A THEORETICAL STANDPOINT PHASE 1--PRE-SITE ASSESSMENT REQUEST: Complaint; concern; need for solution (CLIENT) INFO FROM CLIENT: Nature of Problem; his perception of problem; (PROJECT ENGINEER/ where; what; when; how serious background PROJECT GEOLOGIST) PREL. SEARCH: Review published information--maps, (PROJECT ENGINEER/ quads, SCS, office experience--ask share, talk to PROJECT GEOLOGIST) senior people THEORIES: Most probable; process of elimination; most (COMBINED) likely what is and what is not; what do you suspect PHASE 2--ON-SITE ASSESSMENT SITE DATA: Visit site observe conditions in, out, (PROJECT ENGINEER/ around, photos GEOLOGIST) History nearby conditions, vegetation site grading, cut/fill, utilities, wells, buried structures, new construction coinciding with reported complaint, type/mode of failure, pattern, trends, normal, unique, unusual, minor, expansive, materials, additions, construction, design, settlement of ground? REFINE THEORIES: Form some thoughts - (PROJECT OR SENIOR foundation/settlement related, ENGINEERS) shallow/deep, influence from construction, etc. PHASE 3--DETAILED SITE ASSESSMENT DESIGN SCOPE Additional site visits, borings, pits, OF EXPLORATIONS: details, get plans, take measurements, (PROJECT ENGINEER/ soil tests, KEEP UP WITH FINDINGS! GEOLOGIST) RECONCILE: Does data support refined theory, is it or is it not (COMBINED) a clear case do others agree/disagree? REDEFINE SCOPE: If not a clear case regroup and redefine scope (COMBINED) EVALUATION: If clear case proceed with evaluation (PROJECT ENGINEER/ PROJECT GEOLOGIST) SOLUTION AND Make recommendations, monitor, further RECOMMENDATIONS: studies, corrective works/alternatives, (PROJECT OR SENIOR provide concepts of procedures depending ENGINEERS/GEOLOGISTS) V-ll 3. It was agreed among the geologists and engineers that a sinkhole research institute should be created which would provide a clearinghouse for seminars, conferences, lectures, and the general exchange of ideas. This would facilitate the standardization of the sinkhole identification process and important dissemination of information to practicing professionals. This institute must be cross- disciplinary, given the nature of and issues related to sinkholes. 4. It was agreed that, often insurance adjusters are not familiar with adjustment of claims, and that some sort of training should be given the adjusters assigned to adjust a reported sinkhole claim. Brochures could be created and seminars conducted by the aforementioned sinkhole research center. (See Appendix V-A for an example of a claims handling guide used by the Illinois Mine Subsidence Insurance Fund to adjust mine subsidence claims.) PHASE 1: PRE-SITE ASSESSMENT. This stage involves collection of background information (either over the phone, if possible, or in person). The following questions should be answered. a) When the engineering or geological firm receives the request to investigate the home, is the damage life threatening or catastrophic? V-12 b) Is there a well being drilled on the property or nearby? c) How old is the house? d) Does the family have a swimming pool and does it leak? e) Is there any excavation nearby? f) Are you the original owner of the home? g) Has there been any change in the vegetation coverage? h) Have you had any changes in the color of your water? i) Have you had sedimentation in your water? j) What landscaping was done? k) In relation to a well, have there been any significant changes in the pumping of the well recently? 1) What is the location of the pipes, drainage sewer lines, and septic tanks? m) Has there been any recent flooding? n) Have the public utilities been involved with this problem? PHASE 2: ON-SITE ASSESSMENT a) Get to know the background geological literature for the area. b) Draw an accurate site map to scale, to map the ground cracks and the pattern of the cracks. V-13 c) Take photos and do sketches of the site. d) Look at the angled dip on the fractures. In the initial stages of sinkhole collapse there is a hemispherical cavity that is perhaps coming up to the surface. If there is a dip on the cracks away from the center of the circle, that is suggestive evidence of a sinkhole. e) If the homeowner has indicated that wells have been drilled nearby, get a completion report on any wells drilled. f) Observe downspouts and any drainage systems. g) Examine the alignment of trees. If the trees have been cut off at the ground and covered, the trunks rot and form a cavity in the ground. h) Look for paint in the cracks (as a clue to their age). i) Look for any change in site conditions. j) Locate the sewer pipe and the septic tank. Many sinkholes can develop above a sewer line if the line does not have the proper joint. k) Collect all of the above information and refine your hypothesis. If, from the above investigation, the cause of damage can be identified, further investigation may not be warranted. V-14 PHASE 3 DETAILED SITE INVESTIGATION a) If there is some minor cracking around the foundation, look at the footings to see if there is buried garbage. b) Do a shallow investigation (up to ten feet) using test pits, hand augers, a level survey of the floor, and ground penetrating radar. c) Use piezometers to take readings and draw a water table map. The water table will depress over the center of the subsidence and this test is relatively inexpensive. d) Put crack-monitoring devices on the walls. Mark all cracks. e) If deep penetrating borings are to be used, one must first determine where to do the borings. At a minimum two borings must be done; one in an unaffected area, in order to provide a reference point, and one in what is expected to be the center of the damage. f) Sometimes it is desirable to drill on a neighbor's land. Document if there are problems drilling on a neighbor's land. If there is, a different means of diagnosis will have to be utilized. g) After much discussion regarding what the objective of deep penetrating borings is, an inability to determine the actual location of the cavity was V-15 deemed to be insufficient evidence of the lack of a sinkhole because a cover subsidence sinkhole can ravel laterally. Furthermore, one could locate a cavity and not have found a sinkhole because cavities can have many causes, only one of which may be a sinkhole as defined in the insurance policy. Thus, no minimum number of deep penetrating borings was recommended. However, a complete justification of the decision of why borings were or were not used was recommended. h) To completely analyze the sediment samples, the following measurements are recommended: i) moisture content; ii) if it is clay, measurement of Atterburg limits; iii) measurement of uncombined compressive strength; iv) if the cause of the damage is hypothesized to be decaying organic soils, measurement of the percent of organic soils; v) measurement of the engineering performance and behavior of the materials, e.g., the movement or deformation of the materials under the types of stresses that are present at that particular site; vi) identification of the mineralogy; V-16 vii) measurement of density of the soil.3 i) Use an extensometer, i.e., put a pipe in the ground down to the bedrock and put a gauge on the pipe; observe how the ground moves relative to that pipe. This is very expensive, about $11,000. 6. The participants recommended that an abridged report in layman's terms be made available to the homeowners. Currently, the standard procedure for denial of a claim by many insurance companies is notification of the homeowner of the basic conclusion of the investigation, with a recommendation to the homeowner to read his or her insurance policy. 7. If the report does not address the structural adequacy of the building, that should be noted through a specific statement of that fact. Otherwise, a comment on the structural adequacy of the building should be addressed in the report. 8. Some of the damage which masquerades as sinkhole damage, but is really caused by faulty construction, could be avoided by stricter building codes. Furthermore, damage from sinkholes could be limited through stricter building codes. Rarely are commercial buildings damaged by sinkholes, and it was suggested at the Summit that this was due to the fact that 3These measurements should be done according to some standard such as in conformance with the American Society of Testing Materials (ASTM). V-17 commercial buildings are designed and engineered to much stricter standards. It was noted that the Southern Building Code Congress International, Inc. has promulgated a "deemed to comply" standard which would reduce the number of false sinkhole claims and possibly stabilize homes which are affected by sinkholes. Conformance with this "deemed to comply" standard would also mitigate damage caused by other perils such as windstorm damage from hurricanes. The preface and purpose of the "deemed to comply" standard can be found in Appendix V-B. 9. Soil tests are not required in all counties which are likely to have shrink/swell clay.4 Requirement of soil tests in these counties would reduce the incidence of damage to homes which masquerades as sinkhole damage. If shrink/swell clay is present on the footprint of the building, more expensive foundation design can be used to secure the home against damage by shrink/swell clay. A post-tension slab foundation can be poured at a cost of about $2,000-$3,000. In some instances, the seller of the lot will adjust the purchase price of the lot for the increased cost of the foundation. 4Shrink/swell clay is also known locally as pipe clay or Fuller's Earth, and in technical scientific terms is often a mixture of polygorskite and other clays such as illite or chlorite. Any mixture of clay minerals that can absorb large amounts of water can be called a shrink/swell clay. V-18 10. A recommended decision process suggested by one participant and described through a flowchart and the form used by one participating geotechnical firm can be found in Appendix V-C. Prompt and Fair Settlement of the Claim The second component of "minimum standards" is prompt and fair settlement of the claim, given clear determination that an insured event has occurred. It has been asserted by homeowners in the Dunedin area that the techniques currently employed to repair homes damaged by a sinkhole do not work; after the repair, the homes continue to crack. This is the reason for their request that damage in amounts greater than fifty percent (50%) of the pre-damage value of the home be compensated through a cash settlement and that no effort be made to fundamentally repair the home. In an effort to establish the validity of the homeowners' claim that the current sinkhole repair techniques are not effective, a phone survey of residents in the Dunedin area, who had experienced sinkhole damage and received some compensation for this damage from insurance companies, was undertaken. Identification of these homeowners came from the aforementioned mail survey done by the Florida Department of Insurance (DOI). Out of the 8,500 surveys mailed by the DOI, 140 responded that they had suffered sinkhole damage. Of these 140 homeowners, 41 said they had received some payment to repair damage from their insurance company. Attempts were made to contact these 41 V-19 people, and 32 were successfully contacted. The results of this phone survey follow. SINKHOLE GROUTING SURVEY SUMMARY 1) It is our understanding that you have had the damage to your property diagnosed as being caused by a sinkhole. Is this true?5 24 Yes 8 No 2) Was your house repaired by an engineering firm?6 18 Yes 6 No 3) How much did the repairs cost?7 Range Average $7,800 $88.000 $49,500 (sixteen replied/two did not know) 4) What repairs were made to your house? Grouting only Grouting with pilings Pilings only 8 8 2 STwo homeowners' insurers diagnosed the property damage as being caused by clay shrinkage, yet settled with the insureds for $130,000 and $51,000. 6Several homeowners whqse houses were diagnosed as being damaged by sinkholes settled with their insurers for the replacement cost of their houses and elected not to have repairs made. 7One homeowner's insurer paid for grouting and cosmetic repairs to the house ($25,000 total) although the insurer diagnosed the property damage as being caused by clay shrinkage. The same homeowner also reported subsequent damage. V-20 5) Have you had subsequent damage? Yes 7 No 9 Under review __ Do not know 1 6) Have you had subsequent damage? Grouting Only Grouting W/ Pilings Pilings Only Under Do Not Yes No Review Yes No Yes No Know 3 4 1 4 4 1 0 1 7) Do you currently have a homeowners insurance policy? Yes 30 No 2 8) Have you had problems getting insurance? Yes 11 No 21 9) What kind of coverage do you have? Homeowners 23 Contents/Liability only 5 Forced-placed coverage 1 Dwelling excluding sinkhole l with contents/liability None 2 V-21 10) How much do you pay for your homeowners insurance? Homeowners range $135 $520 average $254 C/L only range $261 $1.000 average $665 Forced-placed coverage average $500 Dwelling excluding average $800 sinkhole with C/L *Summary statistics are based on 32 completed surveys from a sample of 41. This survey admittedly had a very small sample. Thus results are not conclusive, but they do give "ballpark" findings. From this survey, approximately forty-four percent (44%) of the homeowners who had some kind of repair done to their homes had subsequent damage. As far as which particular technique was more effective (i.e., grouting only, grouting with pilings, or pilings only), casual observation of these numbers reveals that subsequent damage problems are evenly distributed across the techniques. The reasons for this subsequent damage could be any of the four following reasons: 1. the initial diagnosis of the cause was incorrect; 2. the application of the technique was done incorrectly; 3. even though the diagnosis may be correct and the technique may have been performed correctly, the technique is ineffective; or, 4. the technique could have been effective and a separate cause of damage has subsequently developed. V-22 From this small survey, we have no ability to judge which of the above reasons might explain why subsequent damage occurred. SUMMARY The current practice of insurers is consistent with the adjustment of other types of loss. However, one unique feature of the adjustment of sinkhole claims is that there is a great deal of reliance upon and deference to the opinions of the professional geologist or engineer utilized in the examination of the site. The result of the Sinkhole Summit indicated that there is no uniform set of criteria that can be universally applied to the investigation of sinkhole claims. Rather, the determination of the cause of loss is very site specific and requires an evaluation by highly trained individuals who possess great expertise. It was recommended that a list of guidelines be compiled. This list of guidelines relies heavily on the professional judgment of the geotechnical expert in its application. If the expert decides not to pursue an item on this checklist, the rationale should be noted in the report. Specific minimum guideline recommendations included a description of pre- site, on-site, and detailed site assessment issues which should be addressed (see pp. V-ll to V-17). Furthermore, it was highly recommended that 1. soil tests be required in areas of the state with a known presence of shrink/swell clay; V-23 2. building codes be improved to conform with the Southern Building Code Congress International (SBCCI) "deemed to comply" standard and be enforced; and 3. the results of the geotechnical investigation be given to the homeowners in layman's terms. Because of the unique nature of sinkhole losses and the necessity for an ad hoc evaluation of losses, as well as an expert's evaluation of what testing standards are appropriate in a given instance, a procedure which would centralize evaluation and utilize highly trained, highly competent professionals who would uniformly approach the problem seems desirable. With regard to the effectiveness of the current efforts to repair damage, the results of a phone survey of thirty-two homeowners who had sinkhole damage repaired through the use of one of the three methods described indicated approximately forty- four percent (44%) experienced subsequent damage. The findings of this small sample survey suggest that current repair methods are somewhat unreliable. Further specialized investigation of this expensive repair process is required to explain why subsequent damages occurred. V-24 VI. NEED FOR AN ONGOING RESEARCH RESOURCE INTRODUCTION The ability to explain and predict geologic phenomena is clearly enhanced by the availability of accurate data collected on a long-term basis. The issue with respect to sinkhole-related information is not, therefore, if it would be useful. Rather, the appropriate question is whether such data is or could be generated from current sources, or if the establishment of an ongoing research resource is needed. This question is not a new one, having been addressed nearly ten years ago prior to the formation of the Florida Sinkhole Research Institute (FSRI). Much of the discussion at that time is relevant today and is summarized below, along with a brief history of the FSRI. In addition, the current need for the proposed research resource is addressed. This section concludes with a discussion of three proposals for the establishment of a new sinkhole research center. HISTORICAL DEVELOPMENT The rapid growth in population and the development of previously rural land in Florida from the 1960's to the present time has resulted in a corresponding increase in property damage from sinkholes. The increase in population not only makes it more likely that sinkhole activity will be reported, but also may affect the incidence of sinkholes through its impact on the groundwater supply. At the same time, the construction of both residential and commercial buildings to service the needs of the VI-1 expanding population base makes it more probable that a sinkhole will actually result in property damage. In 1981, the damage and resulting insurance problems associated with the 320-foot diameter Winter Park sinkhole led then-Insurance Commissioner Bill Gunter to recommend the establishment of a Sinkhole Research Institute. Proposals for the Institute were solicited by the University System Chancellor's Office, with five universities expressing an initial interest (Florida Atlantic University, Florida State University, the University of Central Florida, the University of Florida, and the University of South Florida). The University of Central Florida was eventually selected to house the Institute because of its proximity to both significant sinkhole activity and to geotechnical engineering firms that were considered to be the most active in sinkhole-related work.' The operating guidelines for the Institute were developed by an Advisory Board made up of representatives of a variety of groups concerned with sinkhole problems.2 The Florida Sinkhole Research Institute was 'The source of this information is a draft of the Proposal for the Establishment of Institutes or Centers, submitted by the University of Central Florida (April 20, 1982). This document is found at Appendix VI-A. ZThe initial Advisory Board was appointed by Commissioner Gunter and included representatives of: all five participating universities and the Board of Regents; the insurance and construction industries; title companies, mortgage bankers, and real estate brokers; private geotechnical engineers, geophysicists, and land surveyors; the U.S. Geological Survey and state water management district hydrologists; Florida Departments of Insurance and Treasurer, of Natural Resources, and of Transportation; county planning, zoning and public safety commissions; and municipal officials. VI-2 officially founded in 1982 at the University of Central Florida by a cooperative agreement between the Institute Advisory Board and UCF President Trevor Colbourn. At that time, all sinkhole data files of the Florida Geological Survey (FGS) were transferred to the FSRI for use in their program. The purposes of the Florida Sinkhole Research Institute, as stated in their literature, are summarized as follows: 1. to centralize and coordinate technical data and information on sinkholes in Florida; 2. to conduct research into the causes, mechanisms, location, engineering, and repair of sinkholes; and 3. to provide public information and education about the sinkhole hazard in Florida. The initial funding of $150,000 for the FSRI was provided by contributions from insurance companies doing business in the state of Florida. Apart from the use of the facilities at the University of Central Florida, the primary source of subsequent funding was external research grants. Because of an inability to generate additional funds from either private or public sources, the Institute was phased out of existence over the course of the past year. The staff was released in August, 1991, and the FSRI was officially disbanded with the expiration of the Director's contract in August of 1992. Portions of the data collected by the Institute have been deposited in part with the Florida Geological Survey and in part with the Southwest Florida Water Management District. VI-3 THE NEED FOR AN ONGOING RESEARCH RESOURCE In order to determine whether an ongoing sinkhole research resource is considered to be necessary, the following parties were asked to assess both the need for such a facility and (if interested) their own capability in housing the research center: the Florida Geological Survey, Florida State University, the University of Central Florida, the University of Florida, and the University of South Florida (the request and responses are found at Appendix VI-B). In general, these entities were selected because they met the criteria of being academic institutions with established geology departments, and the letters were addressed to the chairperson of the geology department. The exception is the University of Central Florida, which has no geology department but was included because of its former association with the Florida Sinkhole Research Institute. (The letter in that case was sent to the former Director of the FSRI.) In addition to surveying the universities and the Florida Geological Survey, the rationale for the establishment of the FSRI was reviewed. It is clear that at the time it was formed, there was a perceived need for the Institute. Although it encountered funding difficulties which resulted in its limited success and eventual termination, this does not necessarily mean that the need for the facility was not real. The respondents were unanimous in their belief that an ongoing research resource is needed. A variety of reasons were VI-4 offered which, together with the rationale for the FSRI, can be categorized and summarized as follows: 1. IDENTIFICATION AND EXPLANATION OF SINKHOLE ACTIVITY: Each of the respondents emphasized the importance of a systematic database (collected continuously over a long period of time) in identifying areas of sinkhole activity and in developing an understanding of the processes and trends responsible for the development of sinkholes. The need for an ongoing (i.e., long-term) research center as opposed to a short-run effort was cited in light of the fact that (1) the formation of sinkholes results from long-term processes that must be studied over time, and (2) the development of new technologies over time may lead to additional information that can be integrated into the existing body of knowledge to form a more complete understanding of these processes. It is also argued that the identification and explanation of sinkhole activity will provide a better assessment of risk that is needed for establishing appropriate insurance rates, setting building construction and design standards, and planning land use. 2. PREDICTION OF FUTURE SINKHOLE ACTIVITY: In addition to identifying and explaining the formation of existing sinkholes, the continuous collection of data and the mapping of indicators of future sinkhole locations VI-5 should prove useful in identifying specific areas of potential sinkhole development and in predicting the effects of changes in land and/or water use. These predictions would also have important implications for insurance rating, construction standards, and land-use planning. 3. CENTRALIZATION AND COORDINATION OF TECHNICAL DATA: The point was made in the UCF proposal for establishing the FSRI that the number and variety of agents and businesses involved in sinkhole-related activities slowed the process of compiling, analyzing, and disseminating information. The research center is needed, therefore, to act as a liaison between these groups and to coordinate their activities. 4. DISSEMINATION OF INFORMATION TO THE PUBLIC: Several of the respondents indicated that the research resource is needed to provide information to the public and to interested researchers. The potential for using the center as a means of educating the public about the sinkhole hazard in Florida is a common theme. In general, the observations of the surveyed entities regarding the need for the research center correspond to the opinions expressed by the geologists and geotechnical engineers whomet on the Florida State University campus in August. There is a definite consensus among this group that such a facility is needed. VI-6 PROPOSALS FOR THE ONGOING RESEARCH RESOURCE The universities mentioned above, along with the Florida Geological Survey, were also asked (1) to indicate whether or not they would be interested in serving as the research resource center, and (2) if so, to evaluate their own ability and attributes, the quality and adequacy of their facilities, and the expected costs of doing so. The Chairman of the Geology Department at Florida State University indicated that, in his opinion, the "rational" choice for the research center would be the Florida Geological Survey. (His reasons are incorporated into the assessment of the FGS given below.) The University of Florida, the University of South Florida, and the Florida Geological Survey provided brief proposals and cost estimates, the details of which are outlined below. 1. THE UNIVERSITY OF FLORIDA (UF): The University of Florida proposal cited its strong programs in geology, civil engineering, and environmental engineering, as well as the presence of faculty involved in sinkhole research. The Department of Geology has some experience in operating research institutes, as it already administers a Board of Regents Type IV Institute for Environmental Studies. UF claims a record of success in supplementing state funds with private funding, and is close in proximity to the geographic areas where sinkholes are most prevalent. VI-7 Costs are expected to depend on the desired scope and breadth of the program. The funding required for a "modest but effective! program are estimated as follows: Personnel: Summer salary for director of the center = $ 20,000 Part-time secretary (for one year) = $ 10,000 Student research assistant (1/2 time for one year) = $ 6,000 Other Needs: Equipment, supplies, and space needs could be developed as the research center grows. Total Cost: = $ 36,000 2. THE FLORIDA GEOLOGICAL SURVEY (FGS): The FGS cites two main reasons why it should be selected to house the sinkhole research resource center. The FGS is the only governmental agency with a statutory mandate to maintain and interpret geologic data from throughout the state. And secondly, its history in collecting sinkhole data, all of which was turned over to the FSRI at the time of its creation, suggests the FGS has the experience and expertise to do the job. Long-term continuity and staff expertise are also stressed. The staff of the FGS includes fifteen Florida licensed professional geologists with 185 collective years of experience and an established administrative support staff. The sinkhole research center would be incorporated into the FGS's current facilities, which include: a research library; laboratories; computer capabilities; a core and well cuttings repository; a geophysical VI-8 wireline log library; and a geologic descriptions record file. In addition, the FGS shares a variety of equipment with the Florida State University Geology Department. The FGS emphasizes that it has worked with all universities throughout the state of Florida and, where appropriate, will continue to do so. This gives it access to expertise and resources from a variety of sources while maintaining a central repository for the research. The funding estimates for the FGS are summarized below: Personnel: One Professional Geologist Supervisor = $ 52,600 Two Geologists* = $ 60,000 One Secretary = $ 17,500 ('Includes salary & state benefits package) Other Needs: Expenses for these Positions (field expenses, auto maintenance, printing, and standard state budget package) = $ 43,000 OCO (one field vehicle) (standard state budget package) = $ 31,750 Total Cost: = $204,850 3. THE UNIVERSITY OF SOUTH FLORIDA (USF): While this proposal indicates that a stand-alone resource center at the University of South Florida is a viable alternative, it suggests that a better arrangement would involve a sharing of responsibilities between the Florida Geological Survey and USF. The center, as it is VI-9 envisioned in this proposal, would be active in two major areas--service and research. The service component, which consists of the use of the center for collecting and disseminating sinkhole information, would be the responsibility of the FGS. The University of South Florida would then (subject to approval) oversee a program of applied sinkhole research, using the technical information gathered by the resource center. The rationale for this arrangement is one of experience and expertise. Currently, there is a pressing need for sinkhole-related information on the part of homeowners, insurers, agencies, and local governments. Given its statutory mandate and long history of collecting and maintaining such data, USF feels the FGS is the logical choice for doing so under the proposed research facility. While this service function could be carried out at the university level, the primary activities of a university are teaching and research. It therefore makes more sense (USF argues) to divide the duties among the FGS and USF according to their areas of expertise. The USF proposal also stresses the need for ongoing funding from the state, as opposed to the reliance on outside funding which contributed to the demise of the Florida Sinkhole Research Institute. VI-10 Personnel and funding requirements are estimated as follows: SERVICE-RELATED REQUIREMENTS Personnel: One Administrator One or two Professional Staff Members One Administrative Assistant Other Needs: Vehicle and Travel Budget Total Cost: = $150,000 to $200,000 RESEARCH-RELATED REQUIREMENTS Personnel: One Part-Time Research Director One Part-Time Fiscal/Administrative Assistant Other Needs: None specified Total Cost: = $60,000 to $120,000 SUMMARY There is general agreement among the geologists, engineers, and academic institutions surveyed that there is a need for an ongoing facility to collect and disseminate sinkhole information and to conduct research on the formation and occurrence of sinkholes. The increase in sinkhole activity and the resulting difficulties it has created for homeowners, insurers, agencies, and local governments has highlighted the importance of identifying, explaining, and predicting sinkhole occurrences and related phenomena. It has also led to a broad-based interest in the information that would be collected by such a resource center. At the same time, the demise of the Florida Sinkhole Research Institute has already resulted in the decentralization VI-11 of the existing sinkhole database and a lack of coordination among the activities of these interested parties. There is a consensus among the responses and proposals submitted to the research team that the Florida Geological Survey should play a central role in the development and maintenance of a sinkhole database. In addition to its own proposal, the responses from both Florida State University and the University of South Florida indicate that the FGS should be used as the central clearinghouse for the collection of sinkhole data and for its dissemination to the public. It has considerable experience in fulfilling this role, as well as established facilities and personnel in both the geological and administrative support staff areas. The role of the FGS relative to that of the universities in overseeing sinkhole research activities is not as well-defined. Each of the proposals outlines the research expertise and resources of the respondents, all of which should be utilized when appropriate. As the central repository for the data, the FGS must continue to work with the universities (and the reinsurance facility, if established) to coordinate the research into sinkhole occurrences and formation. Finally, the respondents agree that the demise of the Florida Sinkhole Research Institute was due in large part to a lack of continuing funding. The former director of the FSRI indicated that he had requested $200,000 as the annual budget for the center. This amount corresponds roughly to the totals VI-12 specified in the current proposals (approximately $205,000 for the FGS proposal and a range of $210,000 to $320,000 for the USF proposal). The research center must, it is agreed, be able to survive on this budget without relying on externally-generated funding. VI-13 |
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