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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 • 3 RESOLUTION#2006-142 • 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 4 RESOLUTION#2006-142 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.