HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-185Temp. Reso. #11071 — September 25, 2006
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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
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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
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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
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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.
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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
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RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: VIM PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
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