HomeMy WebLinkAboutR-2006-142 Windstorm Insurance Special Legislative Session RESOLUTION NO. 2006-142
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, URGING THE LEGISLATURE OF THE STATE OF
FLORIDA TO CONVENE IN A SPECIAL SESSION TO ADDRESS THE
WINDSTORM INSURANCE MARKET PROBLEMS FACING THE CITIZENS
AND RESIDENTS OF THE STATE AS A RESULT OF HURRICANES AND
OTHER WEATHER-RELATED CONDITIONS; URGING THE FLORIDA
LEAGUE OF CITIES TO ADOPT A RESOLUTION PURSUING THIS ISSUE
WITH THE LEGISLATURE ON BEHALF OF ITS CONSTITUENTS;
DIRECTING THE CITY CLERK TO PROVIDE A COPY OF THIS
RESOLUTION TO THE GOVERNOR, SPEAKER OF THE FLORIDA HOUSE
OF REPRESENTATIVES, PRESIDENT OF THE FLORIDA SENATE, THE
BROWARD COUNTY LEGISLATIVE DELEGATION, AND OTHER
INTERESTED PARTIES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the citizens and residents of the City of Dania Beach ("City") sustained
significant damage to their private property as a result of recent hurricanes, windstorms and other
inclement weather conditions; and
® WHEREAS, there are still citizens and residents in the City who are struggling to settle
claims with their insurance companies for damage that was sustained during the 2004 and 2005
hurricane seasons; and
WHEREAS, Citizens Property Insurance Corporation is currently the largest windstorm
insurance provider in the State, however its state-subsidy system is fundamentally flawed as it
greatly benefits insurance companies at taxpayers' expense; and
WHEREAS, during its 2006 session, the Legislature failed to consider viable alternatives to
Citizens Property Insurance Corporation, and citizens and residents of the City and State are left
with continuing difficulties as they attempt to resolve their windstorm insurance claims; and
WHEREAS, since the 2006 Legislative session adjourned, private insurance companies
have been struggling to maintain homeowners' policies, and insurance premiums throughout the
State have increased; and
• WHEREAS, these increased premiums add an undue and unexpected financial burden on
citizens and residents throughout the City and State, particularly on senior citizens who are
restricted by fixed incomes; and
WHEREAS, the Dania Beach City Commission deems it to be in the best interests of the
citizens and residents of the City for there to be affordable and available insurance options to deal
with the damages and dangers associated with windstorms and hurricanes; and
WHEREAS, the most efficient and effective way to approach the ongoing windstorm
insurance problems would be through a special legislative session that gives the State's elected
officials the time and opportunity to debate these issues and consider creative solutions to this
problem; and
WHEREAS, Article III, Section 3(c)(1) of the Florida Constitution grants the Governor the
• authority to call a special session of the Legislature, and the Governor has acted upon this authority
several times during his tenure; and
WHEREAS, Chapter 11.011(1), Florida Statutes, pursuant to Article III, Section 3(c)(2) of
the Florida Constitution grants the Speaker of the Florida House of Representatives and the
President of the Florida Senate the authority to convene a special session of the Legislature; and
WHEREAS, the City Commission urges the Florida League of Cities to adopt a resolution
or other policy emphasizing the importance of affordable windstorm insurance options, and urging
the Legislature to convene in a special session to discuss possible solutions to the current problem;
and
WHEREAS, the City Commission urges the Governor, the Speaker of the Florida House,
and the President of the Florida Senate to act on the aforementioned authority and convene a special
session of the Legislature to give the State's elected officials the opportunity to consider solutions to
2 RESOLUTION#2006-142
the ongoing windstorm insurance problems before another storm strikes the State and causes
additional difficulty;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being
true and correct and are made a specific part of this Resolution.
Section 2. That the City Commission of the City of Dania Beach urges the Governor of
the State of Florida and the leadership of the Florida Legislature to convene a special session of the
Legislature to address the problems surrounding the State's windstorm insurance market.
Section 3. That the City Commission of the City of Dania Beach urges creative
legislative solutions to the windstorm insurance crisis that incorporate any number of the following
• guidelines:
1) Consideration for proposals that lead to the depopulation of Citizens
Property Insurance Corporation.
2) A solution that does not grant private insurance companies the freedom to
raise Florida homeowners' insurance rates.
3) A solution that does not solely rely on waiting for the federal government
to create a national catastrophe fund or the creation of hurricane-related
tax-free savings accounts.
4) Solutions should extend beyond the private market ideas which will
continue with the current status quo.
5) Consideration should be given to proposals that restructure or expand the
Florida CAT fund, or create a large reinsurance pool for insurance
companies or a more affordable layer of statewide windstorm insurance.
Section 4. That the City Commission of the City of Dania Beach further urges the
Florida League of Cities to adopt a resolution or otherwise enact a policy urging the Florida
•
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• Legislature to convene in a special session in order to consider solutions to the ongoing windstorm
insurance market problems.
Section 5. That the City Clerk is directed to provide a certified copy of this Resolution
to the Governor of the State of Florida, the Speaker of the Florida House of Representatives, the
President of the Florida Senate, the members of the Broward County Legislative delegation, the
Florida League of Cities, and the Broward League of Cities.
Section 6. That all resolutions or parts of resolutions on in conflict with this Resolution
are repealed to the extent of such conflict.
Section 7. That this Resolution shall become effective immediately upon its passage
and adoption.
• PASSED and ADOPTED on August 22, 2006.
PATRICIAFLURY
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO F AND CORRECTNESS
BY:
THOMAS J. AI$§' RQ, CITY ATTORNEY
r
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OFFICE OF THE CITY CLERK
CITY OF DANIA BEACH
TO: Governor Jeb Bush
Senate President Tom Lee
Speaker of the House Allan Bense
Broward County Legislative Delegation
Broward League of Cities
Florida League of Cities
FROM: Louise Stilson, City Cler
RE: City of Dania Beach Resolution#2006-142
DATE: August 24, 2006
On August 22, 2006, the City of Dania Beach,City Commission adopted Resolution #2006-142,
urging the Legislature to convene in a Special Session to address the windstorm insurance
market problems facing the citizens and residents of the State as a result of hurricanes and other
weather-related conditions.
On behalf of the City Commission, thank you for your consideration of this matter.