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Item M9 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 21,2006 Bulk Item: Yes No Division: Staff Contact Person: AGENDA ITEM WORDING: Approval of Resolution encouraging the Florida Legislature to study and enact and/or amend Legislation addressing the insurance crisis. ITEM BACKGROUND: The rates of premiums for insurance, particularly windstorm have escalated dramatically in the last year throughout the State of Florida. The proposed windstorm rates are considerably higher in Monroe County than in any other County. In fact, windstorm rates are higher than any factual actuarial basis would support and were proposed despite the statistical evidence that other locations have suffered a far worse windstorm impact than Monroe County. PREVIOUS RELEVANT BOCC ACTION: The BOCC hired an attorney and an actuary to investigate the insurance rates charged in Monroe County and to represent the County in various hearings regarding the rates. The last public hearing was held on August 1,2006. The evidence presented by the County through its attorney and actuary clearly evidenced that the rates proposed by Citizen's Property Insurance Corporation are not actuarially sound, do not reflect the County's strict building code, and have had an outrageously unfair impact on Monroe County. CONTRACT/AGREEMENT CHANGES NONE STAFF RECOMMENDATIONS: Approval TOTAL COST: $ 0 BUDGETED: YES NO _X_ COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: YES NO AMOUNT PER MONTIl_ Year_ APPROVED BY: County Atty_ OMBlPurcbasing _ Risk Management DMSION DIRECTOR APPROVAL: Mayor Cbarles "Sonny" McCoy DOCUMENTATION: Included Not Required AGENDA Item# Nt 1 DISPOSITION: RESOLUTION NO. -2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY STRONGLY ENCOURAGING THE FLORIDA LEGISLATURE TO STUDY AND ENACT LEGISLATION ADDRESSING THE INSURANCE CRISIS IN FLORIDA. WHEREAS, the rates of premiums for insurance, particularly windstorm have escalated dramatically in the last year throughout the State of Florida; and WHEREAS, the windstorm rate is considerably higher in Monroe County than any factual actuarial basis would support; and WHEREAS, the windstorm rate is considerably higher in Monroe County than in any other area of the State despite the statistical evidence of more and worse windstorm impacts elsewhere; and WHEREAS, within the last three months, Monroe County hired an actuary, a lobbyist and an attorney with special expertise in insurance regulation to fight the recent filings of Citizen's Property Insurance Corporation and Florida Peninsula Insurance Company, and to file pleadings and evidence with the Office of Insurance Regulation in a legal challenge to the rate filings in an effort to preserve Monroe County's workforce and the quality of life of all of its residents and visitors; and WHEREAS, Monroe County already is deemed to have the highest cost of living in the State of Florida; and WHEREAS, the exorbitant cost of insuring a home will eventually drive away the service providers, including not only those employees in the tourist industry, but the police, teachers and other personnel essential to the viability oflife in Monroe County; and WHEREAS, the physical composition of Monroe County, the inhabited portion being primarily a 120 mile chain of islands without ability of any but the northernmost islands to be provided a workforce from the mainland on a regular basis; and WHEREAS, in a public hearing before the Office of Insurance Regulation on August 1, 2006, Citizen's Property Insurance Corporation was unable to substantiate or to support their recent rate filing and at which they were unable to demonstrate that the rate filing was actuarially sound. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, that: I. It is critical to the citizens of Florida, and particularly the residents and businesses of Monroe County that the Florida Legislature to study and enact legislation to abate the insurance crisis in Florida; and if a special session of the legislature is called that the issue of insurance must be included and take precedence. (AFt 2. It is critical that the Legislature require Citizens Property Insurance Company and all other insurance companies selling insurance in the State of Florida to use the Public Hurricane Loss Projection Model which was paid for by the citizens of the State with tax dollars and which is a transparent model. 3. It is critical that the Legislature insure that any model used in support of a rate filing by any insurance company in the State of Florida be transparent and not proprietary to insure that the citizens and their elected officials are able to analyze and confirm the accuracy of the assumptions incorporated into the model. 4. It is critical that the Legislature repeal the legislation which allows insurance companies to charge Florida citizens a new rate before the rate can be challenged or reviewed by the OIR. 5. The Clerk is directed to mail or fax a copy of this resolution to the following: Honorable Jeb Bush, the Honorable Charlie Crist, the Honorable Tom Gallagher, the Honorable Charles H. Bronson, State Senators Larcenia Bullard and Rudy Garcia, and State Representatives Ken Sorensen and Dennis Ross, and to William Pfeiffer and Robert Reyes, lobbyists for Monroe County. 5. This Resolution shall become effective upon the date of its adoption herein. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the _ day of , 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Patton Commissioner District IV (Seal) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Mayor/Chairman Deputy Clerk