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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-185Temp. Reso. #11071 — September 25, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006--LI&5 A RESOLUTION OF THE CITY OF TAMARAC, 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; 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 CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the citizens and residents of the City of Tamarac (hereinafter referred to as the "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 that are struggling to settle claims with their insurance companies for damage that was sustained during the 2004 and 2006 hurricane seasons; and WHEREAS, Citizens Property Insurance Corporation (hereinafter referred to as "Citizens") 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 1 Temp. Reso. #11071 — September 25, 2006 Page 2 WHEREAS, since the 2006 Legislative session adjourned without a viable alternative to Citizens, 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 all citizens and residents throughout the City and State; and WHEREAS, the Tamarac 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 resounding way to approach the ongoing windstorm insurance problems would be through a special Legislative session that gives the State's elected officials the time 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 Tamarac City Commission urges the Governor, the Speaker of the Florida House and/or the President of the Florida Senate to act on the Temp. Reso. #11071 — September 25, 2006 Page 3 aforementioned authority and convene a special session of the Legislature to give the State's elected officials the opportunity to consider solutions to 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 TAMARAC, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. The City Commission of the City of Tamarac hereby urges the Governor of the State of Florida and/or 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. The City Commission of the City of Tamarac hereby 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. Temp. Reso. #11071 — September 25, 2006 Page 4 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. The City Clerk is hereby 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 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6.. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 1 1 1 I- 1 Temp. Reso. #11071 — September 25, 2006 Page 5 Section 7. This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 91l h day of 60MW , 2006. ATTEST: MARION SWE SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 4MUEL OREN CITY A RNEY /F 1 1 _ � . r RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: VIM PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER OF-