Res. No. 008-01-11156RESOLUTION NO.8-01-11156
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA,OBJECTING TO THE RECENT
WINDSTORM INSURANCE RATE INCREASE BY THE FLORIDA
WINDSTORM UNDERWRITING ASSOCIATION (FWUA);URGING THE
GOVERNOR OF FLORIDA AND THE FLORIDA LEGISLATURE TO
CONVENE A SPECIAL SESSION TO ADDRESS THE RATE INCREASE
AND THE STRUCTURE OF THE FLORIDA WINDSTORM
UNDERWRITING ASSOCIATION PANEL RESPONSIBLE FOR
APPROVING THE RATE INCREASE AND DIRECTING THE CITY
MANAGER TO FORWARD A COPY OF THIS RESOLUTION TO THE
GOVERNOR AND EACH MEMBER OF THE FLORIDA LEGISLATURE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,propertyowners of theState of Florida particularly thoseinSouth Florida
including theCity of South Miami,face yearly threats of hurricane and tropical storm damage to
theirhomesandproperty;and
WHEREAS,the Florida Windstorm Underwriting Association(FWUA)isa state-created
insurer of lastresortforwindstorm coverage;and
WHEREAS,over450,000 residents of Florida are intheFWUA windstorm pool,of
which65 percent livein Miami-Dade,Broward and Palm Beach Counties;and
WHEREAS,theFWUA has recently raised its windstorm rate as much as 268 percent in
some communities and many homeowners are facing rate increases as much as $100-200 per
month;and
WHEREAS,Florida Insurance Commissioner Bill Nelson rejected the request for the rate
increase last year,but was overruled bya 2-1 vote of an arbitration panel;and
WHEREAS,Commissioner Nelson filed a lawsuit to prevent the increase but that effort
and subsequent appeal ended unsuccessfully in June 2000;and
WHEREAS,the drastic rate increase isso great asto force some homeowners out oftheir
homes;and
WHEREAS,the South Florida community has formed a grassroots effort to fight the rate
increase;and
Additions shown by underlining and deletions shown by ovorotriking.
WHEREAS,recent administrative and legislative actions have resulted in
astronomical increases in insurance ratesand diminished coverage for property owners
throughout thestate,including thoseintheCity of SouthMiami;and
WHEREAS,theCity of SouthMiamiwishedtolendits support tothe Citizens'
Initiative to amend the Florida Constitution torequiretheStatetoprovideaffordableand
adequate windstorm insurance toall Florida property owners.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section 1.That it hereby expressesstrong objection tothe economically
devastating windstorm insurance rateincrease,andfurtherurgesthe Governor of Florida
andthe Florida Legislature toconveneaSpecialLegislativeSessiontoaddressthe
approvedrateincreaseandthereductionincoverage,aswellasthestructureand
authority of the Florida Windstorm Underwriting Association panel responsible forthese
changes.This Commission further directstheCity Manager to forward acopy of this
resolution tothe Governor of Florida andeach member of the Florida Legislature.
Section 2.That it hereby authorizestheCity Manager andtheCityAttorneyto
provideall reasonable assistance intheprocess of a Citizens'Initiative petition toamend
the Florida Constitution insuchawayasto require the Department of Insurance to
provide affordable and adequate windstormcoveragetoall Florida property owners.
Section 3.That the City Clerkis directed to provide copies of this resolution to
the Miami-Dade League of Cities,theFloridaLeague of CitiesandtheMayors of all
Miami-Dade,Broward andMonroeCounty Municipalities.
Section 4.This resolution shalltakeeffect immediately uponapproval.
PASSED AND ADOPTED this 9th day of January 2001.
ATTEST:A APPROVED:
MAYOR
Commission Vote:4-0
READAND APPROVED ASTOFORM:MayorRobaina:Yea
.Vice Mayor Feliu:Yea
<==?(<=^t/A/L-CommissionerWiscombe:Yea
CITY ATTORNEY Commissioner Bethel:Yea
Commissioner Russell:out of room
Res.NO.8-01-11156
Page2 of 2
CITY of HOLLYWOOD,FLORIDA
OFFICE OF
Patricia A.Cerny,CMC/AAE
CITY CLERK
December 15,2000
2600 HOLLYWOOD BLVD P.O.BOX 229045 ZIP 33022-9045
Phone (954)921-3211
FAX (954)921-3233
Mayor Julio Robaina
Cityof South Miami
6130 Sunset Dr.
South Miami..FL 33143
Honorable Mayor Robaina:
Enclosed isa copy of Resolution No.R-2000-452,adopted by the Hollywood City Commission
on December 13,2000,entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
HOLLYWOOD,FLORIDA,OBJECTING TO THE RECENT WINDSTORM
INSURANCE RATE INCREASE BY THE FLORIDA WINDSTORM
UNDERWRITING ASSOCIATION (FWUA);URGING THE GOVERNOR OF
FLORIDA AND THE FLORIDA LEGISLATURE TO CONVENE A SPECIAL
SESSION TO ADDRESS THE RATE INCREASE AND THE STRUCTURE OF
THE FLORIDA WINDSTORM UNDERWRITING ASSOCIATION PANEL
RESPONSIBLE FOR APPROVING THE RATE INCREASE;AND DIRECTING
THE CITY MANAGER TO FORWARD A COPY OF THIS RESOLUTION TO
THE GOVERNOR AND EACH MEMBER OF THE FLORIDA LEGISLATURE.
Sincerely,
Patricia A.Cerny,CMC/AAE
City Clerk
PAC/ecc
Attachment
"An Equal Opportunity and Service Provider Agency"
Excellence,Integrity,Inclusion
MEMORANDUM
To:HonorableMayor,ViceMayorDate:January9,2001
andCity Commission
From:CharlesScurr //Re:Agenda Item I*
City Manager //]Windstorm Insurance Increase
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,OBJECTING TO THE RECENT WINDSTORM
INSURANCE RATE INCREASE BY THE FLORIDA WINDSTORM UNDERWRITING
ASSOCIATION (FWUA);URGING THE GOVERNOR OF FLORIDA AND THE
FLORIDA LEGISLATURE TO CONVENE A SPECIAL SESSION TO ADDRESS THE
RATE INCREASE AND THE STRUCTURE OF THE FLORIDA WINDSTORM
UNDERWRITING ASSOCIATION PANEL RESPONSIBLE FOR APPROVING THE
RATE INCREASE AND DIRECTING THE CITY MANAGER TO FORWARD A COPY
OF THIS RESOLUTION TO THE GOVERNOR AND EACH MEMBER OF THE
FLORIDA LEGISLATURE;PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
TheFlorida Windstorm Underwriting Association (FWUA)isa state-created insurer of lastresort
for windstorm coverage recently raised its rates as much as 268 percent in some communities.
Many homeowners arenow facing increases as much as $100-200 per month.The drastic
increases aresogreatthatsome homeowners are being forced outoftheir homes.This
resolution sponsored by Mayor Robaina and Commissioner Wiscombe expresses the
Commission's strong objection tothe economically devastating windstorm insurance rate
increase,andfurtherurges Governor Bush andthe Florida Legislature to convene a Special
Legislative Session toaddressthe approved rate increase andthe reduction in coverage,as well as
thestructureandauthority of the Florida Windstorm Association panel responsible forthese
changes.
RECOMMENDATION
Approval is recommended.
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI,FLORIDA,OBJECTING TO THE RECENT
5 WINDSTORM INSURANCE RATE INCREASE BY THE FLORIDA
6 WINDSTORM UNDERWRITING ASSOCIATION (FWUA);URGING
7 THE GOVERNOR OF FLORIDA AND THE FLORIDA LEGISLATURE
8 TO CONVENE A SPECIAL SESSION TO ADDRESS THE RATE
9 INCREASE AND THE STRUCTURE OF THE FLORIDA WINDSTORM
10 UNDERWRITING ASSOCIATION PANEL RESPONSIBLE FOR
11 APPROVING THE RATE INCREASE AND DIRECTING THE CITY
12 MANAGER TO FORWARD A COPY OF THIS RESOLUTION TO THE
13 GOVERNOR AND EACH MEMBER OF THE FLORIDA
14 LEGISLATURE;PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS,property ownersoftheState of Florida particularly thoseinSouth
17 Florida includingtheCity of SouthMiami,faceyearlythreatsofhurricaneandtropical
18 storm damageto their homes andproperty;and
19
20WHEREAS,theFloridaWindstormUnderwritingAssociation(FWUA)isastate-
21 created insurer of last resort forwindstormcoverage;and
22
23WHEREAS,over450,000residentsofFloridaareintheFWUAwindstormpool,
24 of which65 percent livein Miami-Dade,BrowardandPalmBeachCounties;and
25
26WHEREAS,theFWUAhasrecentlyraiseditswindstormrateasmuchas268
27percentinsomecommunitiesandmany homeowners arefacingrateincreasesasmuchas
28 $100-200 permonth;and
29
30WHEREAS,FloridaInsurance Commissioner BillNelsonrejectedtherequestfor
31 the rate increase last year,but was overruled by a 2-1 vote of an arbitration pane);and ^
32
33WHEREAS,Commissioner Nelsonfiledalawsuittopreventtheincreasebutthat
34effortandsubsequentappealendedunsuccessfullyinJune2000;and
35
36WHEREAS,thedrasticrateincreaseissogreatastoforcesomehomeownersout
37 of their homes;and
38 .•39 WHEREAS,theSouthFloridacommunity ha*formedagrassroots effort tofight
40 the rate increase;and
41
Additions shownby underlining and deletions shownby ovorotriking.
1WHEREAS,recent administrative andlegislativeactionshaveresultedin
2 astronomical increases in insurance rates and diminished coverage for property owners
3 throughout the state,including those intheCity of South Miami;and
4
5WHEREAS,theCity of SouthMiamiwishedtolend its supporttotheCitizens'
6InitiativetoamendtheFloridaConstitutiontorequiretheStatetoprovideaffordableand
7 adequate windstorm insurance toall Florida property owners.
8
9 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
10 COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
11
12Section1.Thatitherebyexpressesstrong objection totheeconomically
13 devastatingwindstorminsurancerate increase,andfurtherurgestheGovernorofFlorida
14andtheFloridaLegislaturetoconvenea Special LegislativeSessiontoaddressthe
15 approvedrate increase andthe reduction in coverage,aswellasthe structure and
16 authority oftheFlorida Windstorm Underwriting Association panel responsible for these
17 changes.This Commission further directs theCity Manager to forward a copy of this
18 resolution tothe Governor of Florida and each member of the Florida Legislature.
19
20Section2.ThatitherebyauthorizestheCityManagerandtheCityAttorneyto
21 provideall reasonableassistance inthe process ofaCitizens'Initiative petition to amend
22the Florida ConstitutioninsuchawayastorequiretheDepartmentofInsuranceto
23provideaffordableandadequatewindstormcoveragetoallFloridapropertyowners.
24
25Section3.ThattheCityClerkisdirectedtoprovidecopiesofthisresolutionto
26theMiami-DadeLeagueofCities,theFlorida League of CitiesandtheMayorsofall
27 Miami-Dade,Broward andMonroeCountyMunicipalities.
28
29 Section 4.This resolution shalltakeeffect immediately uponapproval.
30
31 PASSEDAND ADOPTED thisdayof ,2001.
32
33 ATTEST:APPROVED:
35 ^-^i*>t&£s;/^w^^s
36 CITY CLERK MAYOR
37
38 Commission Vote:
39READAND APPROVED ASTOFORM:Mayor Robaina:
40 Vice Mayor Feliu:
41 CommissionerWiscombe:
42 CITY ATTORNEY Commissioner Bethel:
43 Commissioner Russell:
Page2 of2
RESOLUTION NO./P-ZOOd-Vh^
A RESOLUTION OFTHECITY COMMISSION OFTHE CITY
OF HOLLYWOOD,FLORIDA,OBJECTING TOTHE RECENT
WINDSTORM INSURANCE RATE INCREASE BYTHE
FLORIDA WINDSTORM UNDERWRITING ASSOCIATION
(FWUA);URGINGTHE GOVERNOR OFFLORIDAANDTHE
FLORIDA LEGISLATURE TO CONVENE A SPECIAL SESSION
TO ADDRESS THE RATE INCREASE ANDTHE STRUCTURE
OFTHEFLORIDA WINDSTORM UNDERWRITING
ASSOCIATION PANEL RESPONSIBLE FOR APPROVING THE
RATEINCREASE;ANDDIRECTINGTHECITYMANAGERTO
FORWARD A COPY OFTHIS RESOLUTION TOTHE
GOVERNOR ANDEACHMEMBEROFTHE FLORIDA
LEGISLATURE.
WHEREAS,property owners ofthe State of Florida,particularly those in South
Florida including the City of Hollywood,face yearly threats of hurricane and tropical
stormdamagetotheir homes and property;and
WHEREAS,the Florida Windstorm Underwriting Association (FWUA)isa state-
created insurer oflastresort for windstorm coverage;and
WHEREAS,over 450,000 residents of Florida are in the FWUA windstorm pool,
of which 65 percent live in Miami-Dade,Broward and Palm Beach Counties;and
WHEREAS,theFWUAhasrecentlyraiseditswindstormratesasmuchas268
percent in some communities and many homeowners are facing rate increases as
much as $100-$200 per month;and
WHEREAS,Florida Insurance Commissioner Bill Nelson rejected the request for
the rate increase last year,but was overruled bya 2-1 vote of an arbitration panel;and
WHEREAS,Commissioner Nelson filed a lawsuit topreventtheincreasebutthat
effort andsubsequent appeal ended unsuccessfully in June;and
WHEREAS,thedrasticrateincreaseissogreatastoforce some homeowners
out of their homes;and
WHEREAS,the South Florida community has formed a grassroots effort to fight
the rate increase;and
RESOLUTION NO.OBJECTING TORECENT WINDSTORM
INSURANCE RATE INCREASE BY THE FLORIDA WINDSTORM UNDERWRITING
ASSOCIATION (FWUA);CALLING FOR A SPECIAL LEGISLATIVE SESSIONTO
ADDRESS THE RATE INCREASE ANDTHE FWUA PANEL
WHEREAS,recent administrative and legislative actionshaveresultedin
astronomical increases in insurance rates and diminished coverage for property owners
throughout thestate,including those in the City of Hollywood;and
WHEREAS,the City of Hollywood wished to lend its support toa Citizens'
Initiative to amend the Florida Constitution to require the State to provide affordable
andadequate windstorm insurance for all Florida property owners;
NOW,THEREFORE,BEIT RESOLVED BYTHECITYCOMMISSIONOFTHE
CITY OF HOLLYWOOD,FLORIDA:
Section 1:That it hereby expresses strong objection to the economically
devastating windstorm insurance rate increase,and further urgesthe Governor of
Florida andthe Florida Legislature toconvenea Special Legislative Sessiontoaddress
the approved rateincreaseandthe reduction in coverage,as well asthe structure and
authority ofthe Florida Windstorm Underwriting Association panel responsible for these
changes.This Commission further directs the City Manager to forward a copy of this
resolution tothe Governor of Florida andeach member ofthe Florida Legislature.
Section 2:That it hereby authorizes the City Manager and the City Attorney to
provide all reasonable assistance in the process ofa Citizens'Initiative petition to
amendthe Florida Constitution insuchawayasto require the Department of Insurance
to provide affordable andadequate windstorm coverage to all Florida property owners.
Section 3:Thatthe City Clerk is directed to provide copiesofthis resolution to
the Miami-Dade League of Cities,the Florida League of Cities and tothe Mayors of all
Miami-Dade,Broward and Monroe County Municipalities.
Section4:That all resolutionsorpartsofresolutionsinconflictwiththis
resolution are repealed to the extent of such conflict.
Section 5:That this Resolution shall be in full force and effect immediately
upon its passage and adoption.
^
RESOLUTION NO.OBJECTING TO RECENT WINDSTORM
INSURANCE RATE INCREASE BY THE FLORIDA WINDSTORM UNDERWRITING
ASSOCIATION (FWUA);CALLING FOR A SPECIAL LEGISLATIVE SESSIONTO
ADDRESS THE RATE INCREASE ANDTHE FWUA PANEL
PASSED AND ADOPTED this /3 day of ~7D&C^
MARA GIULIANTI,MAYOR
PATRICIA AXERNY,CMC/AAE,CITYCLERK
APPROVED AS TO FORM &LEGALITY
for the use and reliance of the
Cityof Hollywood,Florida only
<QJ)7 oPJ2^
DANIEL L ABBOTT,CITY ATTORNEY #-
.,2000.
3