09-18-2000 Workshop Meeting
A~~Ma
-..
2999 NE 19111t Street S~'~'500 Aventura. FL33180
City Commission
Workshop Meeting
September 18, 20009 A.M.
Executive Conference Room
AGENDA
1. Library Study*
2. Visioning Session Update*
3. School Site Update
4. Founders Ball Update*
5. Small Business Program ( Commissioner Cohen)
6. Windstorm Legislation (Commissioner Rogers -
Libert/Vice Mayor Perlow)*
7. League/Legislative Update (Commissioner Rogers -
Libert)
8. Real Estate Window Signs (Commissioner Beskin)*
9. Formosan Termites (Vice Mayor Perlow)*
10. City Clerk Review
* Back-up Information Exists
Next Meeting: October 24, 2000
. 199th Street Crossing
· Lehman Causeway Safety Study
. Teen Council
This meeting is open to the public. One or more members of the City of Aventura Advisory Boards may be in
attendance. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who
need special accommodations to participate in this meeting because of that disability should contact the Office of the
City Clerk, 305-466-890 I, not later than two days prior to such proceeding.
DRAFT
City of Aventura
Library Building Program
July, 2000
George T. Lawson
Library Building Consultant
713 9th Street
Ames, Iowa
515-232-5679
Table of Contents
Executive Summary and Specific Design Considerations.................................................. 1
Summary Tables
Space and Seating Summary.......... ................................... .................. ...............4
Collection Capacity Summary.......................................................... ...........................6
Shelving and Display Schedule ..................... ............................................................8
Spatial Relationships... ............................. .................. .............................. ...........12
Descriptions of Functional Spaces
Parking.
..........................................................13
Exterior Book/Media Return......................
...........................................................14
Entry / Vestibule / Lobby.
.......................... 15
Restrooms ........
.......17
Program Room....................,.....................................
......................18
Circulation Services.....
.....................19
Popular Materials.
............22
Research Collections and Services.....
.............25
Children's Services Collections and Services..
.......... 28
Storytelling Room...
............................31
Staff Workroom and Offices..
.........................32
Staff Room
................................35
Storeroom and Custodial
................................36
General Design Considerations....................... ....... .......................... ............ ......... ......37
Executive Summary and
Specific Design Considerations
In researching the program document a group of issues that affect the project across programmatic
lines was identified. For this reason they are called to the planning team's particular attention.
Size of Building
The building program does not require an expansion of the building foot print except as may be
necessary to provide for a drive-up book/media return. The program does require the full enclosure and
climate control of the existing courtyard area for use as interior space.
Finishes
The architect is required to review all finishes and make recommendations regarding replacement and/or
refinishing.
Lighting
Lighting is a significant issue in the building. Low light levels, inefficient fixtures and ballasts, clumsy
hanging methods, and inappropriate use of track lighting systems are some of the concerns. The
architect IS required to provide the serVices of a lighting consultant to identify an improved lighting plan
for the project.
Furnishings
It is strongly recommended that the architect's interior design staff or consultant select new furnishings
to replace all or nearly all existing furnishings and shelving. The architect's team is to review all existing
furnishings to identify any pieces that may be successfully re-used.
In selecting new furnishings, moveable furniture is preferred in every instance over fixed counters and
cabinets. The only exceptions are the public service desks and counters with sinks.
Changes in Services and Operation
The program reflects a number of changes in services and practices now found at the library. These
changes reflect the recommendations of residents as reported by the City, officials and representatives
of the City of Aventura, the existing branch library staff, and those of the consultant, These changes
should not be construed as criticism of the existing library's staff or administration, rather it reflects the
fact that the program is probably the first comprehensive look at the facility since its construction. The
following is a listing of some of the most Significant changes.
. Zoning of Public Services and Activities - The program creates three major public service
zones, Popular Collections and Services, Research Collections and Services, and Children's
Collections and Services. The zoning creates different environments desired by major customer
segments. The Popular zone has a higher activity level than the more reflective Research zone.
The Children's zone provides for those customers specialized interests and activity level.
. Public Computer Resources - Adult computer workstations are split into a technology center in
the popular zone for high demand e-mail, Internet surfing, and word processing activities with
its own service desk. Research data sources are provided in a separate cluster in the reference
area and is serviced by the reference staff. Children's computing is provided in their own zone.
. High Demand Adult Materials ~ An expanded new books section, paperbacks, media, current
periodicals and fiction/genre materials are placed nearest to the entry for customer
convenience.
. Business Center ~ A separate space is created to pull together in a visible and convenient
location these heavily used research materials.
. Check-in and Reshelving - These staff activities are relocated from the general staff workroom
to be part of the circulation desk area.
. Courtyard Enclosure - The existing courtyard IS of limited benefit due to the lack of climate
control. Its enclosure will allow more effective use of the space with little loss of function or
flexibility.
. Reference Collection - The adult reference collection is modified in several ways. It is reduced
to reflect the relocation of business materials to the business center. It is expanded to include
those reference materials now assigned to the young adult collection and some of the materials
now located in the ready reference collection. The microform Magazine Collection will be
discontinued and replaced with digital format resources.
. Staff Workspace ~ The existin] staff workrooms too small for effiCient staff operation.
Adequately sized workstation spaces (60 net sf) are provided. It is also appropriate that two
nonprofessional and non-supervisory staff share a single workstation.
. Young Adult ~ The area designed to serve younger teens IS redefined to include only the fiction
and periodical materials of special interest to those customers. The existing collection now
includes a large segment of reference materials thought to be especially useful in completing
homework assignments. This study brings all reference materials back into a single sequence
with the expectation that a unified general reference collection will better serve students in
their scholastic work.
Building Identification
The building's low profile and mature landscaping effectively make the building invisible to residents as
they pass by on Aventura Boulevard and 29'" Place. Signage is needed to help the building advertise
the important services and significant community investment to be found at the library. Should local
ordinances not allow an effective signage plan the architect should consider the addition of a prominent
vertical building feature to identify the library.
?
Program Review
In developing the building program the consultant has made a number of significant service and
operating decisions that are reflected in the programmatic space allocations and adjacency
recommendations. In a number of instances there are o~her acceptable means to attain the end of
effective and efficient library services. The City of Aventura is strongly urged to allow library staff to
review the building program before commencing architectural planning. Library staff participating in the
program review should be the senior staff that will ultimately operate the facility as either a municipal
library or a branch of the Miami-Dade Public library.
Coffee Service
One feature not included in the program is provision for coffee service. Such a feature is considered an
important amenity in some communities. In almost every instance the service is provided by a private
sector vendor on a negotiated bid basis. A full coffee shop typically runs between 800 and 1,200
square feet and would not fit in the existing building footprint. Also, vendors typically require a location
within the building that permits them to operate independent of library hours. If the City is interested in
this feature it would require an addition to the t:uilding. A coffee cart service is another option that
could be employed in the library's lobby without building expansion or significant programmatic
implications, though this often not as attractive to vendors as a full shop.
Data, Communications, and Power Distribution
The project IS to include provision of a flexible, integrated distribution method or methods for data,
communications, and power distribution.
The architect is to provide the wiring pathways and a receptacle plate to accommodate every data,
communications, and power function identified in the program. All rl""t"" i=lnrl r:nmmllnir:""tinns. p""thw""ys.
areio prnvirlp- hen.dlogJadlL.c.apahle_ut...a.cc.nmmnrl::lting fihp-r nptir: r:""hlp-. Conduit or other pathways
must allow for an un-spliced home-run from each recept: vie to the central site located in the computer
systems closet. Each receptacle, each wire, and each t?rolnating conduit or other pathway must be
uniquel'! and permanently identified.
The need for specific electrical outlets IS detailed throughout the program. In addition to these
enumerated outlets the architect is expected to provide a generous distribution of convenience outlets
throughout the building.
ADA and Accessibility
libraries have a number of specific requirements detailed in the Americans with Disabilities Act beyond
those requirements common to all public buildings. The architect is responsible for meeting both the
letter and the spirit of those requirements.
:1
Space and Seating Summary
ProgrammRtir: AreA
Exterior Book/Media Return
EntranceiV estibule/Lobby
Restrooms
Program Room
Circulation - Total
Public Spaces
Circulation Desk
Check-in/Reshelving
Popular Materials - Total
Media
Technology Center
New Books, Display, Paperbacks
Young Adult
Current Periodicals, Fiction, Genres
Research Collections and Services - Total
Reference Desk Area
Reference
Business/Investment Center
Nonfiction
4
Square
Feet
unassigned
unassigned
1,420
905
200
485
220
3,715
307
165
342
308
1,993
5,495
575
1,680
544
2,696
Study
Senting
80
Casual
Seating
8
18
8
12
Public
Technology
StCltions
1 opaG
16 workstations
4
8
20pacs
6 workstations
2 microform rip
1 Kurzweil
2 opacs
Program
Room
Seating
100
Space and Seating Summary
Public Program
Square Study Casual Technology Room
ProOrFlmm~tic AreFl Feet Sefltlng Sei1ting Stations SeMing
Children's Collections and Services - Total 2,844
Entry Desk Area 905 6 workstations
2 opacs
Young Child Area 699 4 6
Elementary Area 1,240 16
Storytelling Room 370 20
Staff Workroom and Offices 1,779
Staff Room 660
Storeroom 600
Net Library Service Program 17 ,868 66 18 28 workstations 120
7 opacs
2 microform rip
1 Kurzweil
Architectural Requirements - unassigned 5,932
space: 25% of Gross
Gross Library Space Requirement 23,800
!i
Public Collection Capacities
. Young Adult Books
I (includes ClAssics)
, Young Adult Periodicals
I
I Current M-agazines
I
I Curren:_Newspapers
l <':IrQ€'! Print Rooks
i I fuge Print PeriodicFlls
! (cHgP. Print rJisplF.lY
i Fiction
Genre Fiction
",-_Western Science Fiction)
,
J-'-----
i
I
,--J
+--
't-
I
~,
Existing I
LineFlr Feet I
Pro~~sed I
I ineFlr Feet I
'---1
-j
,
96 If I
~:!I
137~1
91 If
18 titl~~~ I
105 If ;
1105 tilt~~; I
(1') titles) i
17~:: I
1 458 If I
396 If i
150 If
~:i
1 ~~ :: -I
120 If
12 If
11') titles)
120 If
1170 titles I
24 If
116 titles)
'11 ::
1 470 If I
420 If I
2 904 It I
2517 It :
r------....- ,.~
Research Collections
I
i Referen~
i ~1,E~~o~~:~::;"
BUSiness MagaZines, Newspapers,
I g~~:~:, eoo," '"0 r""
R
-t
-t---
18 If
,
4 4:~ :; I
4 ~~~ :; I
Public Collections Capacities
r-:OI~ectlOn
I
r
I
Existing I
Linerlr Fep.t t--
!
I
Proposed I
Linp.ar Feet.
~g Child Collections
I ROrirrl Rooks
I Picture Rooks
--+-
Current Magazines
r-
I
-+-
11~::~
81fl
---L
T-U-
761 II .
1511f--
660 If-i
9~~:; I
3~~:: i
o.~
1 o:g:; i
I PRrp.rbF.lcks
.. Nonfir.tion/Biogrn[1hV
I ~:~:i~n Langll~ge
1-
7
Shelving and Display Summary
I
Cew Books '
TOPi~a~__B~:kD_'~~__
I Prlpp.rh~c:ks --t-
I New. Display, PB
--"I
Y A Periodicals
l-:rr:'~:t:t:~aZines -~
Current Newspapers I
, I
I I
I
_.J..a.meJ'IlOLBQ.Q.ks..__-t-----
f Large Print I
Large Print Display
New Per, LP, Fiction
_ _Illlill
Number of
Single-Face
Sections or
Number of Shelves
per Section
Depth
6 66" I
2
101 6~
+". .. n .:1--
12"
10
66"
4,
12"
2 66"
4
12"
i I
I I
_-D.}--_Jm___ _
1 I 66"
1 I
I
---;
I
115
____ _ ___1...- _______1..6..1-, __M'_'__~__
R
I
I
~~
slanted display
double-faced book
display units with
lift-up periodical
lift-up periodical
.d.Lsjl
lift-lip periodical
display shelving
with hinged
double-faced book
display units with
50
12Qj
242
12
,
1201
,
24
I
~
12
25
Shelving and Display Summary
Number of
Single-Face
Sections or
Number of Shelves
per Section
Inc!udiny Base
Depth
I
,
Square
Back Issue
2
84"
6
12"
24
Back Issue
4
84"
6
12"
48
Business Magazines.
Newspapers,
2
66"
4
12"
periodical display
shelving
24
Foreign Language 6 84" 6 10" I --=b~j
i Rooks rind Tt=lI1BS ---I- -- I
Total 281 , ___mJ
~
Shelving and Display Summary
Young Child
Tnt;)1
Entry/Desk
Topical Display
Audiocassettes
1
L~
Vidp.os
Current Magazines
10
Number of
Single-Face
Sections or
,
70 ' , ._-~--_wl-
--j-
2
shelve with I'
Audiobook
s I
____L!
8
_ _Bfi" !-.
66"
Number of Shelves !
per Section
Incl'Jding Base Depth
'2"
double-faced book
display units with
r---;
_~_. ~ 3 rOdSJ1JJL
lift-up periodical
Square
.-.-MQj
I
- -----j
I
50
na
24
Staff Shelving
Number Number
Number of Shelves per of Other
Single-Face Section Depth Storage Square
H.,nht ,R., nf <h,1f IIn;" Nnt.. F...
Circulation - Book 4 72" 5 10" 48
Sele
Circulation Desk. 4 72" 6 12" 48
heck
Circulation. Check~ 8 84" 7 12" 96
Workroom - 3 72" 5 24" industnal shelving 36
Workroom - shared 12 84" 6 12" 144
Asst. Director's 2 72" 5 10" wood 24
()ffO,
" nffice ? ??" , In'' wnnrl ?"
R ??" , 1 R" ,,",,',
11
Relationship of Library Spaces
As a guide, the following core relationships arc )rovided. Relationships within the larger areas are
described in the narrative description of library spaces. The architects will want to consult with the
staff and the consultant during development of the schematic plan to verify that the scheme devised is
successful.
Building Area Primary Relationship Secondary Relationship
Exterior Book/Media Return ClrC Check-lnfReshelvlng
Entry IV estibule/Lobby Program Room Youth Services
Restrooms
rire nOO"
Public Restrooms
Public Restrooms Lobby, Program Room
Children's Children's Desk
<::'off StRff "nnm
Program Room Lobby
"nn,d", '
Circulation Desk Lobby Popular Materials
StRff ~. '0
Popular Matenals Lobby, Circulation
Fiction/genre, current periodicals, and young adult should provide a
transition to the research collections Bild ser,.:ices
Research Fiction/genre, current periodicals, ana young oault components of
nnn, der metc"Rls -
Children's Storytelling Room Lobby
rire"lo';nn PM..'O' ",O'M;O'.
Storytelling Room Children's Young Child Area Lobby
Staff Workroom and Offices Circulation Children's
StRff <::'off "nnm
Staff Room Staff Workroom
Storeroom Staff Workroom
1?
Parking
Functional Description
lighted off-street parking is provided for the public's convenience.
Design and Layout Issues
The existing parking lot is appropriate to service library parking requirements. The lot's layout may
require modification to enable the creation of a drive~up material return feature.
Signage:
Handicapped and staff parking spaces
Adjacencies
Primary:
Entry
Staff Entry - staff parking
1~
Exterior Book/Media Return
80 square feet
Functional Description
A driver's-side drive~up drop for patrons returning materials to the library.
Design and Layout Issues
A driver's side, drive-up return that deposits directly into the building is desired If the site plan allows.
The interior return room should be located as part of or as near as possible to the reshelving/check-in
room. If possible, an exterior pavement level higher than the interior floor level facilitates increased
capacity. Two keyed return s,ots are required (print and media). Verify height in consultation with staff.
The return room must be fire rated and have a floor drain.
If site logistiCS do not allow a drive-up return that deposits directly into the building, a walk-up in-
building return should be provided with the same attributes.
Signage:
Books, A V Materials
Adjacencies:
Primary:
Circulation Check.in.....Reshelving
Furnishings
Item
depressible carts
Owmtity
2
Engineering Issues
Security:
keyed returns, fire rated room, floor drain
14
Entry /Vestibule/Lobby
Square feet - Unassigned
Component Space Summary
Functional Description
Lobby
Unassigned
This area provides a welcoming entry for the public
to the library facility. It provides information about
the library and the community. The lobby serves
both the library and program room independently.
Design and Layout Issues
A new sign for the building that will be readily seen by motorists is desired.
The building exterior entry area is to provide the following features:
Exterior bench
Exterior pay telephone
Trash receptacles and sand urns
Lighted exterior message board
Automatic door openers
The lobby should provide the following features:
Walk-off system for shoe soil
Interior bench for patrons waiting for rides
Recessed, wall mounted rack for pamphlets/brochures with keyed storage below
Drir!.:inn fountain
Bulletin board, keyed under glass
Donor recognition display and dedication plaquE':
Public pay telephone
Space for the seasonal display of tax forms
Theft detection sensor panels - on library side of doors exiting to lObby
Two interior return slots, (print and media materials) that empty into the Circulation
Reshelving/Check-in area may be located in the lobby or as patrons approach the
Circulation area depending on schematic design.
Signage -
illuminated exterior name of library
lighted exterior message board
Adjacencies:
Primary:
Secondary:
Circ Desk
Children's
1~
Furnishings
I1ern
exterior bench
interior bench
dedication plaque
donor recognition plaque
bulletin board
keyed bulletin board!s)
literature rack!s)
exterior trash receptacle
exterior sand urn
tax form rack
Shelving - none
Engineering Issues
Telephone Outlets:
Electrical Outlets:
Security:
1R
Owmtit't
1
1
1
1
1
1
1
1
1
one
exterior outlet
convenience outlets for housekeeping
power to theft detection panels
theft detection psnels
Restrooms
Square Feet - Unassigned space
Component Space Summary
Functional Description
Two public restrooms
Children's restrooms
Staff restrooms
Unassigned
Unassigned
Unassigned
Restrooms provide for the convenience of
customers and stall.
Design and Layout Issues
All restrooms are to be reviewed and renovated to meet all ADA requirements. In the children's
department the two restrooms may be combined as a single occupant restroom if necessary meet
space limitations and to provide compliance.
. The number of women's fixtures should refled the high percentage of library users that are
female.
. Toilet stalls should be spacious. Please review stall hardware with staff.
. Diaper changing stations in every public restroom
. Package shelves
. Paper towels dispensers for staff, hand blowers in public restrooms
. Sanitary product dispensers and disposal fixtures
. Automatic fixtures in public restrooms, standard fixtures in the staff restroom
. Deadbolts for all public restroom doors
. Floor drain
. Tile on floor and walls
. r:cili;"'g hU'lg rartitions for ease of cleaning
. Vandal resistant finishes and fixtures
Signage:
ADA requirements
Adjacencies:
Staff rest rooms - Staff room
Public restrooms - Program room, lobby
Children's restrooms - Children's public service desk
Engineering Issues
Security:
dead bolt locks
Plumbing:
floor drains
access panels to any valves located in the wall
HVAC:
good ventilatlOn
17
Program Room
1 ,420 square feet
Functional Description
The program room provjdes space for children's programs, other library programs, and for community
meetings.
Design and layout Issues
The existing program room seats approximately 100 in a theater style arrangement and is appropriately
sized for the Ijbrary's meeting and program requirements. The existing ability to open the room to the
courtyard for additional capacity is only rarely needed such as in the instance 01 heavily attended
children' programs. The provision of more than one session for such infrequent popular programs
(perhaps once a year) will compensate for the elimination of th;s feature. The existing storage closets
and service counter are also appropriate.
A more complicated issue resulting from the enclosure of the courtyard is the ability to use the program
room outside 01 regular library hours. Although this access is only employed when the space is used lor
elections, in its current configuration users may have access to the public rest rooms through the
courtyard while the library proper remains secure by the locking of two sets of doors. If the courtyard is
enclosed and used for library services and collections another provision will need to be made to allow
for meeting room participants to have access to the rest rooms during after~hours use.
The architect and electrical consultant are to review the room's media and technology capabilities with
the City. It is certain that additional data, telephone, and power receptacles are required.
Signage:
review with stall
Adjacencies
Primary:
Lobby, Popular Materials
Furniture - review existing for replacement or re-use
Engineering Issues
Telephone Outlets:
Computer Outlets:
Media Capabilities:
Electrical Outlets:
lighting:
Review quantity -:md location with staff and consultant
1R
Circulation Services
905 square feet
Functional Description
The circulation desk is the primary point of contact for most library users. Library users come to the
circulation desk to check-out materials, return books and pay fines, register as a borrower, and ask
for directions. Staff at this desk provide the central point of control for the entire library.
Design and Layout Issues
Public Spaces
The public space adjacent to the circulation desk should include:
. a recessed alcove provides for a photocopier With a sorting table with room for stapler,
scissors, punch, tape dispenser
. space and data/electrical receptacles for two self-check stations
. a counter or table for customers to complete registration materials
. shelving for on-going book sale materials
. three bins for distribution of free newspapers/tabloids
Circulation Ces!'. Area
The desk should provide three public service stations arr<J~lged to uniquely identify each station. Two
statior.s are at a standing height, the other at ADA height which will also serve young children and as
the registration station. Each station is to provide for a telephone, a microcomputer with monitor, laser
bar code scanner, receipt printer, 3M equipment, and an under-counter depressible bin for books
returned at the counter. A cash register is to be located at the front desk accessible to the staff
stations.
Two counter-height stools and one task chair are needed. Floor treatment should reflect long hours
spent by staff standing behind the desk. The desk should conceal the back of the equipment and
cabling at each station. Drawers and below counter storage at each station is to be reviewed with staff
in the design development stage. Pass-throughs should allow the easy and immediate movement of
staff and book carts from behind the desk to the public floor.
A recessed back counter area should be located off to one side of the front desk with convenient
access to all of the front desk stations and should provide a telephone, public address controls, sixteen
card file drawers, below counter cupboards for supply storage, room for two book carts, four sections
1q
of shelving, and four bins on the floor to hold materials to be returned to other libraries. This area
should be readily accessible to the staff but not be immediately visible to the public.
Check-in/Reshelving Area
This area is to be immediately adjacent to the circulation desk and alJow staff checking in materials to
see the circ desk while keeping the clutter out of view. Staff should be able to move from the check-in
area to the public floor without going behind the circulation desk. Two slots (books and media) should
allow patrons to return materials after entering the building and for those materials to deposit into
depressible bins in this area. The slots are to be located In the lobby or the circulation area but not at
the circulation desk.
One check-in station is located at a standing height table. The station is to include a PC, barcode
scanner, 3M equipment, and a wheeled stool. Space is needed for eight sections of shelving, three
depressible bins and six book carts.
Signage:
Circulation Desk
Self-check
Book Sale
Copier
Adjacencies
Primary:
Secondary:
Lobby, Staff Workroom
Popular Materials, Children's
Furnishings
Item
wheeled stools
task chair
clock
registration counter
cjrculation desk
back counter
depressible book bins
copter side table
check-in workstation
self-check stands
newspaper bins
Quantity
3
1
1
1
1
1
3
1
2
2
3
?n
Shelving
Number Number
Number of Shelv ~s per of Other
Single-Face Section Depth Storage Square
~.;nh, . D_o. n'DhnO< , . ... ... D...
Circulation - Book 4 72" 5 10" 48
<.,.
Circulation Desk - 4 72" 6 12" 48
h ., .n"n'n.
rh , R R4" 7 "" DC
Engineering Issues
Telephone Outlets:
3 at circulation desk
1 at back counter
1 at check-in/resrelving workstation
Computer Outlets:
at each of 3 CIrculation desk stations
at back counter
at check-in/reshelvlng workstation
at each of 2 self-check stations
Electrical Service:
2 duplex at each of 3 CIrculation desk stations
2 duplex at back counter
2 duplex at check-in/reshelving workstation
2 duplex at each of 2 self-check stalions
service for copier in alcove
3M eauipment at oublic service desk and check-in desk
locate at back counter
Public Address:
?1
Popular Materials and Services
3,715 square feet
Functional Description - The Popular Materials area provides easy customer access to the most popular
print and nonprint materials. Collections included in this area include new books, media, paperbacks,
young adult, fiction and fiction genres, current periodicals, and collection marketing displays.
Design and Layout Issues
Within the popular materials area there are several logical groupings of collections and services:
Media Collections - As browsing collections the media area includes only the collection shelving/display
pieces. One public catalog stations is needed.
Technology Center - A technology center with sixteen customer workstations provides access to the
Internet, word processing software, and other popular computer applications.
A technology assistance desk should provide one public service station, The station is at a seated height
meeting ADA requirements. Provide easy egress from the desk as staff often need to go with patrons to the
collections. The station should include a microcomputer with monitor, telephone, cash drawer, pencil drawer.
box and file drawers. the exact requirements to be reviewed in design development by the interior designer in
conversations with the staff. Two system printers are to be located at the desk. All printing from pUblic
workstations in the building come to these printers.
New Books, Displays, and Paperback Fiction - One publ.c catalog station is needed for these
collections. Two upholstered bench seating pieces provide for br;ef seatin~ while customers are
browsing these collections.
Young Adult - The young adult collectIOn is focused on the fiction and periodicals of interest to this
special customer segment. Study and research needs of young adults is provided in the general
reference and nonfiction areas.
General seating is to include four over-stuffed lounge chairs with occasional tables. The young adult
area should be defined by the layout of furnishings, architectural elements, and feature elements to
create an identifiable space with a bnght, open, relaxed atmosphere. Elements that might be used in
crafting this effect include signage, graphic art, banners, display pieces, overhead pieces, and
furniture style. The architect and interior design team will want to explore these issues with the staff
and consultant. Provide a tackable surface for the posting of teen news and displays.
??
Current Periodicals. Large Print. Fiction. Genres
Eight lounge chairs and occasional tables and four two-piace tabies provide seating for thoee using the
current periodicals. large print. and fiction/genre collections. Two public catalog stations should be
located to serve users of the large print and fictl'Jn/genre collections.
Technology Center
Technology Service Desk
Sign each collection
Range guides
Signage:
Adjacencies
Primary:
Notes:
Furnishings
11em
service desk
task chair
computer workstations
computer workstation chairs
upholstered benches
lounge chairs
occasional tables
two-place study tables
table chairs
catalog 5tat101-15
tack able surface
Engineering Issues
Computer Outlets:
Electrical Outlets:
Lobby. Circulation
Fiction/genre, current periodicals, and young adult should provide a
transition to the research collections and services
Owmtity
1
1
16
16
2
8
per layout
4
8
4
1
3 at service desk
1 at each of 4 public catalog stations
1 at each of 16 computer workstations
2 duplex at 3 service desk locations
2 duplex at each of 16 computer workstations
2 duplex receptacles at each of 4 public catalog station
1 duplex at each of 4 study tables
n
Shelving
Number of I ___m__ I i ". ------,
,
Number of Shelves I
Single-Face
Sections or per Section DeL Square
~-"--';-- ...."-- ,,-,.- U_,_". ._-;."' R... nf S _--.-Notes i .....
I I
j
- --
i
'''"M '" aa" " a" 1?n
^, a aa" " a" O"_I"M 7?
ni.- 0 ".,_ .io.o" ",__ en
--=-~ 1 "M_ ,io,o" hino %
..-"'- ^ , 1Q , ?a7
f-- , i
i
New Books 6 66" 5 I 10" slanted display 72 I
i I
, ,
Topical Book Display ! 2 double-faced book 50
display units with
_10.0 'M Mo_"i_o
D"'r"''':>~bar.ks 10 66" a a" I 1 or, ,
I I
New, Display, PB 18 I , 242 I
--tot I I
I ::b::t::s ! I I
" 1 n" I i QR I
66' I _.,~._. ,
Y A Periodicals 1 1 66" i 4 12" lift-up periodical 12
' i ,knl'" -" .
VA Q , 1nR
r
Current Magazines 10 66" I 4 12" I lift-up periodical 120
1--.----- ! I I I _-<lisp I'" oh.l"ioo
-- -"------ ---+-. - I
I Current Newspapers 2 I 66" , 4 12" 11ft-up periodical 24
dlsolay shelving
with hinged
Large Print
66"
5
10"
12
Large Print Display
double-faced book
display units with
25
New Per. LP, Fiction
115
Total
161 J
?4
Research Collections and Services
5.495 square feet
Functional Description - The research portion of the library includes the reference, business, and
back-issue periodical collections along with technology support. This portion of the library is intended
for more reflective activities.
Design and Layout Issues
There are four component pieces in the research area of the library:
Reference Desk and Desk Area
The reference desk should provide three public service ~;tatjons. Two of the stations are to be at a standing
height with wheeled stools, one at a seated height witr, t3sk chair meeting ADA requirements. One station is
to be equipped with a TOO device. Provide easy egress f~om the desk as staff often need to go with patrons
to the collections. Each station should include a microcomputer with monitor, telephone, pencil drawer, box
and file drawers, the exact requirements to be revleNed in design development. A back counter provides
space for two system printers, visible file, and four card file drawers as well as providing ten sections of
ready reference shelving.
A copy center near the reference desk is to be located in an office system panel alcove with two
photocopiers and side table with room for stapler, scissors, punch, and tape dispenser.
Reference Collection, Services, and Seating
SIX public computer workstations located immec'i2tely ldjacent to the reference desk provide access to
digital reference sources, business sources, and t~~e library catalog.
Reference area study seating is to include six two-place tables and one glazed six-place study room
with keyed lock set. The study room IS to be plainly visible from the reference desk. One other study
room type space is needed to house a Kurzweil reader, an enlarging viewer, and a chair.
In addition to the general reference shelving provide:
. one double-faced index table
. one dictionary stand
. two atlas stands
. two four-drawer files
. two microfilm reader/printers
. four microfilm storage cabinets
. Note - the existing Magazine Collection will be replaced by on-line access to back-issue
periodicals.
?S
Business/Investment Center
A well signed and uniquely identifiable business/investment center provides specialized research
materials of interest to a large number of library customers. Print materials are stored and displayed on
shelving and two double-faced index tables. Business digital resources are provided at the main cluster
of reference computer workstations. Four two~place tables provide general seating for customers In the
business/investment center.
Nonfiction Collection and Seating
Seating for customers using the nonfiction collection includes six two-place study tables. Two public
catalog stations provide collection access.
Signage:
Reference Desk
Business/lnvestment Center
Nonfiction
Range Guides
Copy Center
Adjacencies
Primary:
Fiction/genre, current periodicals, and young adult components of
popular materials
Furnishings
Item
service desk
back counter
task chairs
wheeled stools
copy center enclosure
side table
two-place tables
six-place table (study room)
table chairs
computer workstation
computer station chairs
four-drawer files
dictionary stand
atlas stand
double-faced index tables
index table seating
microfilm reader/printer stand/table
microfilm storage cabinets
public catalog stations
Kurzweil reader stand
enlarging viewer stand/table
Owmtity
1
1
1
2
1
1
10
1
41
6
6
2
1
2
3
12
2
4
2
1
1
?R
Shelving
Number of
Single-Face
Sections or
i Number of Shelves
per Section
Including Base
Depth
I
I
!-
-~
Back Issue 2 84" 6 12"
Back Issue 4 84" 6 12"
Business Magazines, 2 66" 4 12" periodical display
Newspapers, shelving
I Foreign Language
Rooks and Taoes
I Total
Engineering Issues
Telephone Outlets:
Computer Outlets:
Electrical Outlets:
6 i
6
10"
10"
6
28-;1
3 at public service desk
5 3t publ;c service desK
1 at each of 2 public ca dlog stations
1 at each of 6 computel .. orkstations
1 in study room
1 in Kurzweil room
2 duplex at 5 public service desk locations
2 duplex at each of 2 public catalog stations
2 duplex at each of 6 computer workstations
2 duplex in study room
2 duplex in Kurzweil room
1 duplex at each study table
Square
17
72
3372
?7
Children's Collections and Services
2,844 square feet
Functional Description
The children's department provides the collections and services designed for library users from birth
through early middle school as well as parents, teachers, and other care givers. The children's staff
provide reader's guidance, reference, and programming services sought by these users.
Design and layout Issues
The children's department should have a sense of identity and a sense of separation from the adult
portions of the library. The seating, collections and services are to be grouped in three major zones;
Entry/Desk, Young Child, and Elementary.
Entry Area
. Public Service Desk - A single-place public service desk (furniture, not'millwork) is to be a
sitting height piece. The workstation should provide for a microcomputer, printer, telephone,
task chair and room for the librarian to work on other tasks as well. Room is needed for one
book cart.
. tackable wall surface
. display of new books and seasonal features
. recessed, wall-mounted rack for brochures and fliers
. two public catalog stations
. six computer workstations, seating at each workstation should allow two users
. shelving and display for collections
Young Child Area
. The architect is to investigate and recommend ;~ n interior treatment that creates an exciting and
up-lifting atmosphere for the library's youngest customers and their care~givers
. tackable wall surface
. one four-place child-height table
. four comfortable seats for parent with child seating
. shelving and display for collections
. An activity area is provided for very young children viSible from the public service desk. The
activity area is part of the department's open landscape and includes a small puppet theater
and puppet storage, ene small table for game and puzzle activity with storage/display of same,
and four imaginative seating pieces
The Elementary Area
. tackable wall surface
. four four~place study tabies
. shelving for the fiction and nonfiction collections
?R
Signage:
Children's
Each major collection
Range guides
Restroom per ADA
Adjacencies:
Primary:
Secondary:
Storytelling Room, Circllatlon
Lobby, Popular Materials
Furnishings
Item
public service desk
task chair
tackable wall surfaces
literature display
child size four~place table
child height table chair
computer workstation
computer workstation seating
young child imaginative seating
parent with child comfortable seating
small puzzle/game table
puzzle/game table seating
puppet theater
four~place study table
study table chair
public catalog stand
O'l::lntity
1
1
3
1
1
4
6
12
4
4
1
2
1
4
16
2
Engineering Issues
Telephone Outlets:
at public service desk
Computer Outlets:
at public service desk
at 6 computer stations
at 2 public catalog stations
Electrical Outlets:
2 duplex at public service desk
1 duplex at each study table
2 duplex at each of 6 computer stations
2 duplex at each of 2 public catalog stations
?q
Shelving
Entry/Desk
Topical Display
Audiocassettes
\LicIJillo
ooks
Current Magazines
Number of
Single.Face
Sections or
Nurl1ber of Shelves I'
per Section
Including Base Depth
~
l
L
2 I '
I shelve W'lh+----f--
Audlobook I
"-i
-----r-
I 11
__ 8
i '}
61;'
,
___3Ji~__.~_______
66"
66" :
I ~
32L.
Total
~o
+-
,
5 i
5 I
-----7-1
l
i
,
,
---j
6" I
6" ,
17"1
17"1
12"
double-faced book
display units with
, _r,
s I i'I ntgrL..sh'S'bL2':::
lift-up periodical
Square
No
50
na
,
L
_ _ilfiJ
Storytelling Room
370 square feet
Functional Description
The storytelling room provides space for regular children's programs. Special large programs will be
held in the main library program room.
The existing storytelling room with modifications is to be re-used. In the unlikely event the building
layout permits, it would be ideal if this activity could be relocated in adjacency to the Young Child Area
of the Children's Department.
The room should seat 20 children on the floor or provide for four folding tables, with space for the
presenter at the head of the room. The room would greatly benefit from the addition of a stora'J8
closet for craft supplies, tables and chairs, ar~ a media cart. No space has been allocated for this
purpose but it is hoped that the architect may Ind room for this purpose in the unassigned space
allocation.
The architect is requested to review foom finishes, furnishings, and lighting. The room should provide
for a variety of media capabilities including a telephone outlet, data outlet, and ceiling mounted
projection screen. Room lighting should be controlled for various presentation needs. All of the shelving
and storage now located in the room should be removed.
Signage:
Storytelling Room
Adjacencies:
Primary:
Secondary:
Children's Young Child "-rea
Lobby
Engineering Issues
Telephone Outlets:
one
Computer Outlets:
one
Electrical Outlets:
1 duplex on every wall
Lighting:
replace with controlled fixtures
~1
Staff Workroom and Offices
1,779 square feet
Functional Description
An open office environment will allow the library to adjust space allocations and furnishings to
reflect future requirements.
Design and layout Issues
A single door will provide both for Staff Entry and Deliveries. The branch receives daily deliveries from
the other libraries, UPS, the Postal Service, and others. The delivery room door should facilitate the use
of two-wheeled trucks. A call buzzer or phone is needed for deliveries to announce their arrival. The
delivery room area requires three sections of industrial shelving to hold book bins, space for two book
carts, and floor space for large boxes. Depending on the layout of the buildmg this space may be part
of the general building storeroom.
One standing height Receiving/Mail work table IS needed for preparation of out-going mail and for
sorting in-coming mail. The work table should also provide for a fax machine, a twenty-four slot staff
mail box, bulletin board, storage for mail supplies, and a large waste basket. Room is needed for one
book cart.
The general workroom will have in a Common Space a copier, sorting table, four free-standing supply
cupboards, six four-drawer files, one flat file, one castered typing stand, twelve sections of standard
library shelving, one white board, one bulletin board, a wall clock, a small safe, and a first aid kit. A
counter with sink and cupboards is also required.
One vvork table with task chair is needed for Processing and Mending and for ICi'yirl~ out iarge projects.
The work table should allow for a task chair: equipment such as a paper cutter, c" 3-huiC f)w:-ich, an
assortment of staplers; and a working quantity of supplies (such as book Jackets on pull-out shelves,
glue, tape, media containers) stored convenient to thE work surface.
Twelve general staff workstations should each provide for a microcomputer, printer, bar code scanner,
telephone, and task chair. Some of the ,ndividual stations will be shered by support staff.
A Systems Closet requires a keyed lock-set. Three rack-mount fixtures are required for the library's
data systems central equipment and for telephone system processor. The systems closet should
provide a controlled climate and ISolated, grounded power. The "closet" should be sized to allow easy
access to the rear of the rack mounts. The architect and electrical engineer should carefully review the
requirements for systems with the library staff and library consultant.
The Assistant Director's office requires a workstation to accommodate a microcomputer, printer,
telephone, task chair, two side chairs, one four-drawer file, two sections of shelving, room for one
book cart, and bulletin board.
The Director's office requires a workstation to accommodate a microcomputer, printer, telephone, task
chair, project table with four chairs, one four-drawer file, two sections of shelving, room for one book
l?
cart, bulletin board, and coat closet.
Signage:
Staff Workroom
Adjacencies:
Primary:
Secondary:
Circulation, Storeroom
Children's, Staff Room
Furnishings
Shelving
Number I Number
Number of Shelves per of Other
Single-Face Section Depth Storage Square
Shared workroom 12 84" 6 12" 144
Asst. Director's 2 72" 5 10" wood 24
11
Engineering Issues
Telephone Outlets:
Computer Outlets:
Electrical Outlets:
Plumbing
Other
~4
1 at each of 14 staff workstatlol1s
block and processor in systems closet
verify telecommunications requirements for data systems with staff
1 at each of 14 staff wnrkstations
one at receiving/mail table
one at mending/processit1g table
review requirements for systems closet
2 duplex at each of 14 staff workstations
1 duplex at receiving/mail table
1 duplex at mending/processing table
2 duplex at counter
review requirements for systems closet
sink at counter
buzzer or cal) box at delivery/staff entry door
Staff Room
660 square feet
Functional Description
This space provides for the personal needs of staff and secure storage of personal belongings.
Design and Layout Issues
The existing staff room and kitchen provides adequate space for staff. The architect is to review
finishes and furnishings, ADA accessibility for rest rooms, and provide a telephone.
Signage:
Staff Room
Adjacencies
Primary:
Secondary
Staff Workroom
~s
Storeroom and Custodial
600 square feet
Functional Description
The storeroom provides space for custodial supplies, general library storage such as bulk office
supplies, equipment, cleaning supplies, furnishings parts, and storage for the Friends book sale
inventory.
Design and Layout Issues
The area should include a work table with two chairs, two keyed storage cabinets, mop sink,
shelving as specified, and open floor space for storage of bulk Items. A concrete floor is to be
sealed, There three existing custodial closets that should be retained.
Signage:
Storeroom
Adjacencies
Primary:
Staff Workroom
Furnishings
l1ern
work table
table chairs
keyed storage cabinet
Oll;:mtity
1
1
2
Shelving
Number of
Single-Face
Number
Shelves per
Section
Depth
Number
of Other
Storage
Square
Engineering Issues
Electrical Outlets:
one duplex at worktable
other convenience outlets
HVAC:
room is to be climate controlled
Plumbing:
mop sink
~fi
General Building Design Considerations
This section provides recommendations :E:garding specific design considerations, building
components, and equipment requirements.
The public library provides an array of services to a va'led constituency. The library service paradigm
and service methods can be expected to change with some frequency now and in tile future. An
open, flexible structure that can respond to changing needs is very important.
Public libraries also present a number of very specIfic programmatic requirements. Building design
must respond to these needs to allow effective, efficient operation of the library.
The public library is a significant and permanent representation of a community's values. The
building's design should engender a sense of permanence and pride. A warm atmosphere should
invite the public to enter and feel at ease using the services and resources provided.
Even though aesthetics are very important, the actual function of the facility must be the overriding
consideration. Programmatic needs and operational costs must be a constant concern. Durability and
ease of maintenance justify a higher initial investment to reduce ongoing operational costs.
The bUilding and its furnishings shall comply Will all applicable codes, laws, ordinances and other
legal requirements. Particular attention should be called to the Americans with Disabilities Act which
has very specific requirements and general requirements applicable to public libraries. See Federal
Register/Vol. 56, No.144/July 26. 1991 ipage 35520.
Regulations of the Americans with Disabilities Act affect the design, construction, and modification
of all public buildings. The architect is responsible for ensuring strict compliance with both the letter
and the spirit of the ADA as enacted and as subsequently interpreted. Though the act broadly covers
all aspects of access, it provides for several issues specific and/or common to libraries:
Shelving Aisle Widths - 42 Inch aisles are preferred though 36 Inch aisles are permitted.
Shelving Height - There are no height ! estrictions for shelving e.xc.ep1 for display (new)
periodicals. A maximum height of 48 mches , preferred but 54 inches allowed where a
lateral approach is possible.
Seating at Tables, Carrels, Counters - At least five per cent or a minimum of one of each
element must meet specifications for clearances, access and reach.
Public Service Desks Every public service desk must provide a 36 inch portion of the
desk/counter that is no higher than 36 inches as well as meeting clearance requirements.
Card Catalogs - A maximum height of 48 inches is preferred but 54 inches allowed where a
lateral approach IS possible.
Slgnage - Contrast. symbology, size, Braille and other requirements apply to permanent
designations.
~7
General Requirements for the Architect
1. The architect will preside at a meeting prlGr to the commencement of schematic design work
with the library director, library building consultant, and the library planning team to review the
building program document and suggest any changes, additions, or modifications. The minutes of
this meeting will detail any changes agreed to and become an addendum to the program
document.
2. It is assumed that all plans and specifications prepared by the design team conform to the
building program document as adopted or as amended. The architect will call to the library's
specific attention any omission of program requirements in architectural plans or specifications.
3. Schematic and design development drawings submitted for approval will include all shelving,
furnishings, and equipment noted in the building program document.
4. The library director and library building consultant will be provided copies of all documents and
drawings.
5. The architect will provide "cut sheets" for all fixtures, specialty items, and furnishings for the
library director and library building consultc"illt prior to the selection of those items for the project.
6. The architect will preside at a meeting or meetings of the electrical and mechanical engineering
consultants with the library director and the library building consultant to review the working
drawings and the selection of all fixtures.
7. The architect Will provide detailed minutes of all design and construction meetings attended.
8. The architect will collect, review for accuracy, and turn over to the library "as built" drawings for
all project work as well as all warranties, operating manuals or instructions, and specification
sheets for all equipment and fixtures installed as part of the proJect. These items are to be
organized in a binder{s), presented t'J the library, and verified as complete.
:18
Exterior Issues
Aesthetics
The building should reflect the community's sensibilities and be compatible with the context of its
location.
Public Access
The entrance should be highly visible from all approaches. Approaches should be provided for users
arriving by automobile or motorcycle, bicycle, by foot, and for drop-off traffic. Curb cuts must be
provided from parking areas and public streets. A ground level entrance assures ease of access for
all users and facilitates staff functions.
Parking
There will be on-site automobile and motorcycle parking for public and staff. There should be 3igned
designation of staff parking and of handicapped parking as required by code. The parking lot should
be included in the landscape plan. Green SpE ,e with trees and other plantings should be used to
relieve an otherwise unbroken sea of concrete and vehicles. Racks for bicycles will be provided near
the entrance. Racks should be located so as not to impede pedestrian traffic. A drop-off area, set
back from traffic flow, should provide for the short term parking of two vehicles.
landscaping
The landscape plan should provide a pleasant setting for the building. The plan should be simple in
layout and in the number of varieties specified All plant varieties are to be hardy and requiring a
minimum of care. Approaches to the building and the parking lot should be an integral part of the
landscape plan.
Stones, gravel, or other hard, loose materials are not lcceptable. Low maintenance ground cover is
preferred to grass. Beds of flowers are not appropriaL because of the care required. The landscape
plan sr:ould provide for the screening of exterior mechanical and refuse areas.
Exterior Signage
An attractive illuminated sign will be provided to announce the library's presence. A lighted hours of
operation and message board will be provided at the building entrance. Signs should be provided to
identify the book and media returns. All slgnage will be designed by the architect or under the firm's
direction for inclusion in the general contract.
Exterior Materials
All exterior building materials should have a permanent or durable finish as to not require frequent
painting, staining, or other maintenance. The use of wood should be kept to a minimum.
~q
Exterior Lighting
The parking lot, public entrance, staff entrance, service and emergency exits should be well lit at
dusk and at night. All exterior lighting should be controlled by photocells. Fixtures specified should
use long-life lamps. Any bollard lamps employed should be vandal resistant and pans should be
available locally or through a regional distributor.
Utility Outlets
Keyed outlets for water and electricity should be located on all sides of the building. Hose bibs
should be self-draining.
Security
The landscape, bUilding, and lighting plans should seek to reduce vandalism and to enhance the
personal safety of p~blic and staff.
40
Interior Issues
Design Structure
The building should be designed on the module principle consistent with 42" shelving aisles. The bay
must be as large as the budget allows and must reflect the three foot standard library shelving
module. Some program areas such as the entrance area or meeting room may call for bays different
from the standard module.
No intp.rinr lo~rl hp<=lrino Wrllls; will hI=! rlr:r.p.rtp.rl Interior walls must allow for flexibility in the future
configuration of services. When necessary, interior columns should be placed for minimum
interference with circulation, visibility, and furnishing layouts.
All floors must be capable of supporting fully loaded 92" high book stacks. Minimum floor loading
must provide for 150 pounds per square foot.
lighting
Switch locations and fixtures selected will be revie'",d with staff prior to Library Board approval.
Lighting levels in public libraries are a significant issue that must be systematically addressed by the
architect. A considered combination of controlled natural lighting and artificial lighting should provide
appropriate, glare free illumination for the standing browser and seated reader. Special care is to be
taken to prevent veiled reflection or glare In areas where monitors or microform equipment is in use.
Lighling levels should be as follows:
Public study areas 30 to 40 foot candles meesured horizontally at desk top level. May be
augmented by task lighting where appropr:9te.
PubliC service counters/desks - JV rout candles measured horizontally at work surface.
Shelving ranges - 6 foot candles minim.Jrn m~dsured vertically at 12" off the floor and 30
foot candles maximum measured vertically at any height to achieve approximately a 5 - 1
maximum to minimum ratio across the entire stack face.
Microfilm, video viewing areas - 30 foot candles measured horizontally at work surface.
Staff workrooms/offices - 50 foot candles average measured horizontally at desk height.
Conference or study rooms - 30 to 40 foot candles measured horizontally at desk top level.
Large meeting rooms 40 foot candles average with all lights on, separate controls for
lighting of podium area at front of room. Lighting should be damnable or switchable to
produce 2 foot candles for note taking dUring media presentations. Note taking light should
not spill onto projection screen or monitors.
Fluorescent fixtures using long-life warm white lamps should be used for all interior lighting.
Electronic ballasts should be used whenever pOSSible. Metal halide or high pressure sodium lamps
41
should be used with caution because of their poor color rendering and consistency I warm-up time,
and potential for glare. Occupancy sensors should be considered for infrequently used spaces.
Special effect lighting is only appropriate for display areas. The variety of fixtures and lamps must be
kept to a minimum to simplify the supply, inventory, and maintenance processes. Incandescent
fixtures are only appropriate for closets and similar applications.
Fixture layout in the public areas should whenever possible, provide the required lighting level
regardless of shelving or seating arrangements. Independence of lighting levels and fur~ishing layouts
is a desired goal. Ease of lamp replacement is important. All fixtures should be easily accessible
using ladders.
Twenty-four hour path lighting should be provided in all major areas of the building. Emergency
lighting is to be provided in all areas of the building to meet or exceed code requirements.
A master switching panel is to be located in the staff areas of the public service desk or workroom.
Use of circuit breakers for this purpose is not appropriate. Each major area of the building is to be
separately controlled and the controls permanently labeled. A master switch should provide that the
entire building's lights may be switched with ease. Individual rooms must have switched lighting.
An alternative description of desired lighting levels is taken from Jeffrey Scherer's, AlA, article
I igh" Anrl I ihrAriA' in the journal Library Hi Tech, Vo'ume 17, Number 4, 1999, pp.358-371.
~.
Rp.fp.rf~ncp. st ::.::
General collection stacks
vertically on bottom shelf (12 in.) 30lc
Adult general reading area
tables with task lighting
Within spaCe at the task
30 ESI
F
I
St;oJ/1 sPrvice [Joints I'
Sti'd/ _.s.ervlr.e nn'nts...wUb. monitors
C:omoutp.r workstAtions I
S:aff '""iorkstations
jExceptlon when major staff tasks are related to computer, I
IJlrl rlrnn to 30 FSI with liSP.( r.nntrnllerl tAsk liohtingU
ITV rooms (with note takingi '
(Note: three-gun video projection requires black-out of room.
\Vlthln space at the task I
Horizonta'ly at 36 in,
75 ESI
10-15 fc
Individual and two-place study rooms
(Note: include task lighting controlled by customer)
(Note: a min. of 30 Ic at desk height and a max. of 50 Ic is
within space at task 30 ESI (general level)
4?
Notes:
Foot-candles are on the horizontal or vertical surface
ESI is the Equivalent Spherical illumination fa' the volume 01 the space
lighting sources should not be visible surlace or monitors or on the horizontal surlace 01 tables
Electrical Service
The number and location of all electrical outlets will be reviewed with the staff to determine
adequacy.
Adequate electrical service will be provided lor both present and luture conligurations 01 equipment.
Evenly spaced runs 01 wall. counter. and Iloor outlets should be provided in work rooms, public
service desk areas, media areas, and catalog areas to create maximum Ilexibility. Flush, capped Iloor
outlets are to be provided in a grid that enables planned deployment 01 equipment as well as
Ilexibility lor luture needs.
Electrical service to the systems room for library automation equipment should be provided Irom an
grounded, independent breaker panel. Uninterrupted power supply equipment will be provided as
necessary by the library at the central site.
Architects should review with staff to identify equipment that may require special fixtures or power
requirements. Theft detection system electric3! service and wiring conduit should be provided at the
circulation desks and the entrance/lobby.
All supply and breaker panels shall be permanently labeled. Breaker panels shall be keyed.
Heating/V entilation/ Air-conditioning
Adequate heating and air-conditioning with proper control is essential, with particular attention to
quiet operation. Controls, vent locations and other mechanical elements must not conflict with the
complete flexibility of the furnishing :ayout. RevitJ\,v all IDcations with staff prior to Board Jpprl.'a;.
Thermostats must provide zoned control for all publi; a.reas and independent control for individual
rooms Thermostats in public areas must be secure from tampering. Special attention should be paid
to small rooms such as study rooms or microcomputer and media labs.
No license shall be required to operate any 01 the mechanical equipment. All equipment, panels.
pumps. and supply piping shall be permanently labeled. All mechanical service, hardware, and
mechanical equipment should be locally available.
Entrances
There will be only one public entrance/exit, at ground level with no barriers to those with disabilities.
Automatic lateral door openers shall be provided.
Doors
41
All exterior doorways should have an overhang with proper drainage to keep snow and rain from the
immediate area. They should be at ground level, with flush thresholds, and present no obstacle to
wheeled carts.
All interior doors should be at least 36"wide. Closer. kick-plates, and hold-back hardware for all
doors should be reviewed with the staff. All passage doors shall have a glass panel for safety.
Windows
Window location must not affect layout and use of shelving, furniture, and equipment.
Selected windows in all public and staff areas should open to allow ventilation in the event of
mechanical failure. Window hardware should allow only staff operation. Windows should be located
if possible to admit winter sun and be shaded from the summer sun. Glare from sunlight is to be
avoided.
Window lites should be non-glare or tinted and should be insulated or triple glazed. All frames should
include a thermal break design.
Materia I sl Fin ishes I Colo rs
Public libraries are high traffic buildings and, like other public buildings, subject to some abuse.
Libraries also have little money for maintenance and replacement. Because of this dichotomy the
materials and finishes selected during construction should emphasize durability, long life, and low
maintenance. Any higher initial costs may be justified by the reduction in operating costs as well as
the aesthetics.
A holistic approach should be used In selecting colors used in the building to include building
fixtures, furnishings, carpeting, and all other surfaces. This is most easily accomplished by including
the project's interior designer in all of these discussions. All materials, finishes, and colors selected
rr'_:s~ ~~(1 review~'" by +h~ ~tJff and approved in writing by the Library Board.
Doors, coumer fronts, outside corners, and so on Vii :1 take a beating and should be protected by
caps, moldings, plates, or other hardware.
Counter tops receive significant wear and should be surfaced with extremely durable material such
as granite or Corian. Color-core should be specified when laminate is used.
Children will climb on, knock over, run Into, or pull down anything offered to them. Rounded corners
are always a good idea.
Carpeting should be used in the entire building except in the entry, lobby, rest rooms, mechanical
and store rooms, custodial areas, and any extremely high traffic areas.
Carpet specified should be a high quality, commercial grade of high density. Carpet for computer
rooms should be anti-static. Materials and colors should be selected for low maintenance and the
ability to mask soiling. Carpet should be glued to slab. A pad should be specified only in single
purpose child storytelling areas. If carpet tiles are used the adhesive employed should allow lifting
and replacement of tiles.
44
Recommended floor coverings for non-carpeted areas:
Entrance, lobby, restrooms - Cerami' tile, quarry tile, brick pavers.
Custodial, storage, mechanical, - sealed concrete
reCeiVing, garage
Storage closets, service corridors - resilient tile
Telephone
Telephone service to the building and its terminating block should be located in an area suitable for
the siting and installation of a local telephone system processor. Two duplex electrical outlets should
be provided at this location. The library may select and acquire a local telephone system processor
and telephone sets separately but all internal wiring for telephone service throughout the building is
to be included in the general contract. The architect must review with the staff locations specified
for telephone service.
A telephone for public use should be Installed '1 the lobby and meet all ADA requirements.
Public Address
A public address system will serve the major areas of the building, both public and staff. The
amplifier and microphone will be located in the circulation desk area. The system shall be zoned so
that publiC announcements may be targeted to one of the following specific building areas or any
combination of areas: meeting rooms; general public areas; staff areas.
local Computer Systems
Provision must be made for the library's circulil! on/c2talog computer system and other networked
systems. Provision of space for central site eqL.ipmer( as terminus of the resulting local network is
described in the body of this document. CondUit is to be run from the workroom to all indicated
locations. All conduit is to provide turning radii capable of supporting fiber optic cable.
All wall plates, cables, and terminating conduit for computer system wiring shall be legibly and
permanently labeled.
Emergency Systems
A comprehensive security system should provide detectors on al\ external doors and motion
detectors in strategic internal locations. The system should be tied to the Police or security service
panel as appropriate. An external arm/disarm control should be located at the staff entrance. The
main system panel should be located in the CIrculation staff area. The panel should be able to
indicate which device or zone has been tripped.
4S
A fire alarm system should be provided and tied to the Fire Department's panel if possible. Product
of combustion and heat sensing devices should be located as appropriate. The main panel should be
located in the circulation staff area and be abl~ to indicate which device or zone has been tripped.
Emergency exit doors should be equipped with either exit alarms or electromagnet devices that hold
the doors closed except when released by the fire alarm's activatIOn or when specifically overridden.
The electromagnets can be wired not only to tre fire alarm system but also to the burglar alarm
panel so that the panel's zone bypass switches can be used to switch the electromagnets as well.
Signage/Graphics
Signage should be utilized throughout the building to provide direction and to identify major service
areas, individual offices, and specific functions or features. A general building directory is required.
Signage for each shelving range is also included in the project's scope. The signage should be
attractive, legible, and an integral part of the interior design. Signage selected should be serviced or
produced locally. Stack signage should be able to be modified on site.
Clocks
Clocks should be provided in all general staff workrooms, staff room, meeting room, and in general
public areas as necessary for easy visibility. Consult with library staff to determine whether battery
operated clocks or a central clock system is preferred.
Furnishings
The architect should work with the librarv staff to determine the type and quantities of existing
furnishings that may be used in the new facility, especially workrooms and storage areas. Moveable
furniture is preferred to fixed millwork With the exception of primary public service desks.
Shelving
Most people come to the library to use the collections. Their library exp~rience can be determined in
great part by the shelving that organizes and displays the collection, by the layout and appearance of
the shelving itself. Shelving may represent the largest expenditure the library will make for
equipment or furnishings. Obvlouslv care should be taken with the selection and arrangement of the
shelving.
Sway-braced or welded metal frames with wood end panels are recommended. Review preferences
with staff if canopy tops are to be Installed. If selected, canopy tops may be metal for 84" and taller
shelving, all other heights should use wood tops.
For durability of finish and the ability to maintain the required loads, only the highest quality shelving
should be used. In the preparation of specifications Library Bureau and Wilson shelving should be
used as the base standard.
4R
Shelving Layout
Shelving must be arranged to provide the public a logical sequence and flow for each collection.
Shelving must be arranged to provide staff at the primary and children's public service desks a clear
line of sight and the maximum visual supervision of aisles in the shelving layout. This is to aid both
patron assistance and security.
Shelving ranges should be at least 15 feet in length 15 sections I and no more than 21 feet in length
/7 sections).
Double faced, free-standing ranges are preferred over single faced, wall mounted shelving in public
areas. Single faced shelving is most useful in an office or workroom setting.
Main aisles should be 60 inches wide and side aisles 42 inches in width.
Millwork
Custom millwork should be kept to a minimum. Standard furniture and furnishings available in
modular units should be used whenever pos3")le to enable response to changing service needs and
future expansion.
Storage cabinets and counters in staff workrooms should be free-standing and modular. They should
be able to be moved without major disruption to the walls whenever possible.
Furniture
Furniture selection should emphasize durability and maintenance as well as appearance. Strength of
construction and the ability to replace components should be a prime consideration. Standard, stock
items should be specified.
Budget permitting, a small inventory of replacement parts and materials should be included in the
specifications. It is helpful to provide thiS additional st ok so that replacements will be from the dye
lots or manufacturing runs. The following items and an-;uunts are recommended:
Wall Coverings
Ceiling Tile
Carpet
Vinyl Tile
Wall Base Trim
Ceramic Tile
Paint
3 percent
3 percent
3 percent
3 percent
3 percent
3 percent
5 percent
Table chairS should be of all wood construction. Upholstered pieces should use fabric not vinyl.
Upholstery that can be removed on site is advantageous.
Partitions used in office landscaping should be standard, modular units rather than custom units.
Moveable furniture and equipment must be equipped with carpet casters.
47
Staff should be allowed to inspect and evaluate furnishing selections whenever possible prior to
approval.
Equipment
The library will independently acquire through its own purchasing procedures media, circulation,
computer and office equipment and these costs are part of the total project budget. The architect
will be responsible for the provision of the necessary space, power, cabling, and related furniture.
Locks
A zoned master and grand master keYing system, as simple as possible, should be developed in
consultation with staff. A key case and key management system should be provided.
Book Drop
To minimize ongoing staffing needs, a free-sta!lding outside book return is not desired.
The drive.up book and media returns should deposit In a fire rated room. Each return slot must be
well signed and at a convenient height for both automoblles and vans. Locked depository units such
as those available from Mosler or Kingsley should be specified. The interior lobby returns should
deposit into the check-in/reshelving area.
Separate returns are provided for books and media items to minimize damage to media items.
The returns should be installed at a height above the interior floor that permits use of depressible
carts beneath the returns. When use IS heavy the carts may be replaced with a fire resistant pad.
Display Fixtures
Public bulletin boards for display of public notices should be flush mounted and provide a locking
glass cover.
Brochure racks should be flush mounted or recessed, free standing units.
48
Visioning Session
Implementation Report
~,t~~...
~_.=:::::
I !ii=!:' =::1 ]
.Ii~
~ofE"'ce;#
.1""
~!t"" ._... _._ ......,
,,,,,,.,~,"itl~'*
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, City Manager
DATE: August 8,2000
SUBJECT: Visioning Session Implementation Report
On June 14, 2000, the City Commission held a Visioning Session to
develop a strategy to address long-range issues important to the
community. At that meeting, the City Commission provided specific
direction to the Administration relative to the implementation of projects
deemed important to the future of the City and creating a focus on
community.
This report was prepared in order to inform the City Commission of the
status of the progress that has been made to date and to be utilized as
a blueprint to continue the implementation process. The report includes
updates on the proposed Waterways Park, Community
Center/Millennium Park, project schedules, budgets and a financing
plan.
If you have any questions, please feel free to contact me.
Visioning Session Implementation Report 1
Proposed Waterways Park
Held several meetings with Gulfstream Representatives who own the 6 acre parcel we
seek to acquire for this new park to be located in the northern portion of the City. Out
of these meetings the following concept is being reviewed.
. The remaining area west of the park parcel is currently zoned MO (Medical
Office Zoning) and allows residential development as a conditional use not to
exceed 10 stories. They propose to construct condominium units not to exceed
20 stories, which would be consistent with the height requirements of the
adjacent B2 zoning. This would require a conditional use approval and a
height variance. They also propose to extend the canal from the Intracostal
that currently dead ends at NE 34th Avenue to the proposed residential
property. This would require a joint application to the regulatory authorities.
This would also create water front property for the park. See below exhibit
. If Gulfstream is able to obtain the necessary zoning approvals and permits for
the canal extension, they would be willing to dedicate the 6 acre parcel to the
City. In the event the proposal cannot be implemented they would still be
willing to sell the land to the City. Therefore, the City could enter into an
agreement with a backup provision for the purchase ofthe property.
. Appraisal is underway and should be complete in four weeks.
. Park design team has been assembled and a Work Authorization for the
preliminary plans and environmental studies has been approved by the CityiCommission.
Visioning Session Implementation Report 2
~ Community Center lMillermium
Held several meetings with attorney who represents the owner of the Tempest
Property. The most recent sale of the 3.2 acre site occurred in August 1999 in the
amount of $3,500,000. In order to have serious discussions about the sale price an
appraisal is needed. Owner has mentioned the idea of selling the property to the City
and leasing it back for two years. The following action items are in process:
. Appraisal is underway and should be complete in four weeks.
. An Architect should be on board by the beginning of October 2000.
· It is recommended that community input be obtained to assist in determining
what components should be included in the Community Center. This can be
accomplished through surveys on the City's Web Page, newsletters,
workshops and town meetings.
· In order to expedite the Community Center, the City Commission may want to
consider developing the project in two phases. One phase which would consist
of developing the Huber Tract first and then phase two which would involve
the Tempest property. An example of this phased approach is shown on the
next page.
/"'tt,/'V Buffer
... .....
. .. Wetedronl
p"",
CJ ....."'"
"-
_ Open Spaoe
___ VI8tIlll!l
Visioning Session Implementation Report 4
Proposed Project Schedules
The following represents the proposed project implementation schedule and
provides an option of constructing the Community Center Park in two phases,
ORIGINAL PROJECT SCHEDULE
Projects
2000101
2001/02
2002103
2003104 2004105
totals
Open &
Purchase Land Design Construction
Waterways Park $3,500,000 $150,000 $1,350,000 $5,000,000
Purchase Land &
Community Design Bridge Construction
Center $4,000,000 $1,000,000 $4,000,000 Open $9,000,000
subtotals $3,500,000 $4,150,000 $ 2,350,000 $5,500,000 $1..000.000
PROPOSED PROJECT SCHEDULE - PHASED
Projects
2000101
2001/02
2002/03
200~ 2004105
totals
Purchase Land
Waterways Park $3,500.000
Open &
Design Construction
$150,000 $1,350,000
$5.000,000
Community Design Construction
Center Phased I $500,000 $3.000,000 Open $3.500.000
Community Purchase Land Bridge Construction
Center Phased II $3,500,000 $1,000,000 $1,000,000 Open $5,500,000
subtotals $3,500.000 $4,150.000 $ 2.350.000 $5,500,000 $1..000,000
Visioning Session Implementation Report 5
Proposed Project Budget
The following represents the proposed project budget:
Projects Acres Land Construction Tolal
Waterways Park 6 $3,500,000 $ 1,500,000 $5,000,000
Community/Recreation Center 3.2 $3,500,000 $ 4,500,000 $8,000,000
Connecting Bridge $ 1,000,000 $1,000,000
subtotals $14,000,000
Funding Sources
Grants
General Fund
Park Impact Fees
totals
$1,000,000
1,500,000
500,000
$3,000,000
Financed Amount
$11,000,000
Visioning Session Imp/ementation Report
6
Project Financing Program
We have been working with Lourdes Abadin from Dain Rauscher, our
Financial Advisor, to develop a financing strategy and timetable for the funds
needed for the Waterways Park and Community Center projects. Based on
the Proposed Project Schedule, the total cost is estimated at $14 million, with
$3 million coming from the General Fund or other fmancing sources.
Therefore, $11 million needs to be financed by long-term borrowing. Since
there will be cost of issuing the debt and most likely a debt service reserve
fund requirement, we will need to borrow approximately $11.8 to $12 million
in order to have a net deposit of $11 million to the Project Construction Fund.
At this point, the combination of a $10 million bank qualified twenty-year
loan prior to 12/31/00 and $1.8 to $2.0 million borrowing after 1/1/01
provides the most cost effective fmancing mechanism.
The bank loan can be bid amongst local banks by Dain Rauscher, our
Financial Advisor, after the October 3'd meeting with an award projected at
the November 7th Commission meeting. If, for some reason, rates were higher
than expected, we could reject the bids and solicit proposals during November
for a December award. This allows the City to get the vast majority of the
funds at bank qualified rates which are generally 20 to 25 basis points (20 to
25 hundredths of one percent) less than non-bank qualified fmancing.
However, federal law limits the amounts of bank-qualified debt to $10 million
per year per Issuer.
The remaining $1.8 to $2.0 million could be done through the Florida
Municipal Loan Councilor other pooled programs at either fixed or variable
rates after January 1,2001.
Table 1 reflects the calculation of bond issue size and debt service
requirements. Table 2 is a more detailed schedule of yearly debt service.
Based on these documents, the projected yearly net debt service on
$11,815,000 of total debt will be approximately $879,000.
The original debt service projection at the Visioning Session was $933,000 for
30 years The proposed plan is $54,000 less per year for 20 years.
Visioning Session Implementation Report 7
TABLE 1
CITY OF AVENTURA
SUMMARY OF PROPOSED FINANCING FOR WATERWAYS PARK AND COMMUNITY CENTER
BASED ON CONDITIONS AS OF SEPTEMBER 1, 2000
BANK VARIABLE
QUALIFIED RATE
LOAN FINANCING TOTAL
PRINCIPAL AMOUNT 10,000,000 1,815,000 11,815,000
LESS:
COST OF ISSUANCE 44,119 3,761 47,880
DEPOSIT TO DEBT SERVICE RESERVE FUND 767,120 767,120
TOTAL DEDUCTIONS TO ARRIVE AT PROCEEDS 811,239 3,761 815,000
DEPOSIT TO PROJECT CONSTRUCTION FUND 9,188,761 1,811,239 11,000,000
ESTIMATED YEARLY DEBT SERVICE
ONGOING EXPENSES
LESS: EARNINGS ON DEBT SERVICE RESERVE
766,800
3,000
(36,800)
146,000
912,800
3,000
(36,600)
NET YEARLY DEBT SERVICE
733,000
146,000
879,000
Visioning Session Implementation Report 8
TABLE 2
$11,815,000 CITY OF AVENTURA, FLORIDA
SERIES 2000
FIXED RA TE BANK QUALIFIED 20 YEAR LOAN AND
VARIABLE RA TE FL MUNf LOAN COUNCIL
NET DEBT SERVICE SCHEDULE
Date Prindpal Coupon Interest ToIaIP+1 Expenses OSR Net New D/S
1010112000 - -
10/01J2(101 340,000 4.632% 570,750 910,750 3.000 (36,822) 876,928
1010112002 355,000 4.631% 554,320 909,320 3,000 (36,822) 875,498
1010112003 375.000 4.832% 537,170 912,170 3,000 (36,622) 878,348
10101/2004 395,000 4.833% 519,050 914,050 3,000 (36,822) 880,228
10/0112005 410,000 4.832% 499,960 909,960 3,000 (36,822) 876,138
1010112006 430.000 4_833% 460,150 910,150 3,000 (36,822) 876,328
1010112007 455,000 4.833% 459,310 914,370 3.000 (36,822) 880.548
1010112008 470,000 4.832% 437.380 907,380 3,000 (36,822) 873,558
10/0112009 495,000 4.832% 414,670 909,670 3,000 (36,822) 875.848
1010112010 520,000 4.833% 390.750 910,750 3,000 (3S.B22) 876,928
1010112011 545,000 4.8330/0 365,620 910,620 3.000 (36,822) 878,798
10101/2012 570,000 4.833% 339,260 909,280 3,000 (36,822) 875,458
1010112013 600,000 4.833% 311,730 911,730 3.000 (36,822) 877,908
10f01J2(114 630,000 4.833% 282,130 912,730 3,000 (36,822) 878,908
10/0112015 660,000 4.833% 252.280 912,280 3,000 (36,822) 878.458
1010112018 690,000 4.833% 220,380 910,380 3,000 (36,822) 878,558
1010112017 725,000 4.833% 181,030 912,030 3,000 (36,822) 878,208
10/0112018 755,000 4.833% 151,990 906,990 3,000 (36,822) 813,168
1010112019 795,000 4.833% 115,500 910,500 3,000 (36,822) 816,618
10f01f2020 1,600,000 4.616% 77,080 1,671,080 3,000 (803.942) 876,138
Tolal 11,815,000 7,167.190 18,982,190 60,000 {1,503,555) 17,538,635
Daln Rauscher Incorporated
Miami Public Finance
Fife = AVENTURA SERIES 2001.SF-SERIES 2000N-fssue Summary
8/1012000 12:50 PM
Visioning Session Implementation Report
9
CITY OF A VENTURA
COMMUNITY SERVICES DEPARTMENT
FROM:
Robert M. Sherma ,
ommunity serv~
TO:
Eric M. Soroka, Cit
DATE: September 8,2000
SUBJECT: Founders Ball and Founders Day Proposals
Founders Ball Recommendation: The City Commission raise the ticket price to $75
per person for the Founders Ball. If the ticket price remains at $50, it will cost the city
approximately $10,000 to fund this event, including sponsorship. The Recreation and
Cultural Advisory Board has approved this recommendation.
Backaround: Please see attached spreadsheet.
Founders Dav Recommendation: The City Commission approve the following
activities and events for Founders Day, 2000.
1. Complimentary barbeque picnic luncheon.
2. State of the City Address.
3. Entertainment by the Simon Salz Band, featuring Dixieland, Big Band, and
Klezma sets.
4. Little Theatre School of the Performing Arts.
5. Police exhibits and K-9 demonstrations.
6. Aventura Art Experience: This new activity provides a cultural element to this
special fifth birthday celebration. The guests can watch the artist create a mural
depicting the five years of progress and growth of the City, or they can
participate by engaging in painting the mural under the artist's supervision.
Each artist will display a limited amount of work that is not for sale at this venue.
7. Aventura clay corner and pottery presentation.
8. Glassblowing demonstrations.
9. Puppeteers, storytellers and mimes.
10. Youth art exhibit.
11. Face painting and clowns.
12. Super Slide, Climbing Wall and Bounce House.
Eric M. Soroka, City Manager
September 8, 2000
Page Two
13. Games and activities for all ages.
14. DJ on north side of park.
15. Tennis clinics and activities.
Backaround: This year's event utilizes the entire park with several active hands-on
activities for all age groups. The entertainment was tailored from recommendations we
received last year from our guests. Staff is finalizing the schedule of activities at this
time.
The entire event is projected to cost approximately $45,000. If sponsorship remains
the same as last year's level of $20,000, the net cost to the City will be approximately
$25,000.
RMS/gf
Attachment
RMS00077
Founders Ball Proposed Budget
November 5, 2000 7 PM Turnberry Isle Resort and Club
Projected Revenue based on $50 per ticket
Tickets
25 (complimentary) $0.00
375 $50 $18,750.00
Sponsors
2 $5,000 $10,000.00
Total $28,750.00
Projected Revenue based on $75 per ticket
Tickets
25 (complimentary) $0.00
375 $75 $28,125.00
Sponsors
2 $5,000 $10,000.00
Total $38,125.00
Pprojected Expenses based on 400 Guests
Item Unit Cost Total Cost
Hors D'oeuvres $25.00 $10,000.00
Dinner $40.00 $16,000.00
Bartenders $75.00 $225.00
Open Bar -1 hr $12.85 $5,140.00
Band $2,900.00 $2,900.00
Centerpieces $45.00 $1,800.00
Parking $6.00 $1,200.00
Photographer $1,000.00 $1,000.00
Favors $1.50 $600.00
Printino costs $1,000.00 $1,000.00
Total $39,865.00
Cost is $99.70 per person based on 400 guests.
RECEIVED
SEP - ~ 2000
RESOLUTION N~!BS~K
cc: Commissioners
City Manager
A RESOLUTION OFTHE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH MIAMI, FLORIDA AUTHORIZING THE CITY
ADMINISTRATION AND CITY ATTORNEY TO PROVIDE ALL
REASONABLE ASSISTANCE TO THE PROCESS OF A
CITIZEN'S INITIATIVE PETITION TO AMEND THE FLORIDA
CONSTITUTION TO REQUIRE THE DEPARTMENT OF
INSURANCE TO PROVIDE AFFORDABLE AND ADEQUATE
WINDSTORM COVERAGE TO ALL FLORIDA PROPERTY
OWNERS.
WHEREAS, property owners of the State ofFlorida, particularly those in South Florida including
the City of North Miami, face yearly threats of hurricane damage to their homes and property; and
WHEREAS, recent administrative and legislative actions have resulted in property owners
throughout the state, including those in North Miami, facing astronomical increases in insurance rates and
diminished coverage; and
WHEREAS, the City ofNorth Miami wishes to lend its support to a citizen's initiative to amend
the Florida Constitution to require the State to provide affordable and adequate windstorm insurance for
all Florida property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH MIAMI, FLORIDA:
Section I. That the City Administration and City Attorney are authorized to provide all
reasonable assistance to the process of a citizen's initiative petition to amend the Florida constitution to
require the D"Partment ofIn<urance to provide affordable al'd ~rlequate windstorm coverage to all Florida
property owners.
Section 2. That copies of this Resolution be sent to the Miarru-Dade League of Cities, the Florida
League of Cities, and to the Mayors of all Miami-Dade County, Broward County and Monroe County
Municipalities.
Section 3. This resolution shall be effective immediately upon its passage.
PASSEDandADOPTEDbya 4-1
day of August . 2000.
vote of the Mayor and City Council this 22
Al~
~y CLERK
/
/
APPROVED AS TO FORM:
~A~Tgtf!i:.~ f.22'()0
2
FWtJA
E,zamplu 01 RJC~ Clul'Igu Wrlhln T~fTrtLT' _ ~.._~ .
~S<C:LUOES uppinq t/'4 ~~m.'lJtTI cI1ar>gf: U .4O'Yo)
f-'
TERRITO"""
O,"er.lll\ol'l
L:xaIot
Nvm~
Cun~,,1 Pra"""ed
~S!) 59
60 !SO
J:5 ~
36 46
37 41
37 4&
51 51
6~ 62
JO 22
:)f 23
:J2 2~
'34 2'S
:10 28
:II 7.7
32 29
:lI\ 29
41 41
53 5~
4:l S.J
4J 54
iS4 133
jH ~
~ 56
75 7'6
61 17
T9 1"
19 19
~ 20
~7
M
ll!
~O
!9
70
&7
38
:lB
~e
ee
42
n
eo
I
n
n
71
T7
'4
44
oW
sa
7!i
~
6&
IlO
90
69
10
:M
gs
96
97
86
~z
1)2
\12
49
50
SI
71
77
14
I'
16
:Ill
T5
Bay
e,,,v.vd
!!r~<1
8_d
BrowiIrO
9,"""11
ChllrfDllr.
Clllllrl'
O.~(NI
Ollde (N)
~c(N)
o-l.iN;
~(S)
Oltde (S)
C~It(S)
Dade (Sj
Ol~
~
~
Escam~
i=~""
Ft.~
F~"klin
Gulf
HemaI'ClO
'-'<I:"" RM:<:
lee
Lee
l...
Lee
ILe"'f
Mw.tM
-~
~.
N<IS:);ll,l
. Q1r;aIon!UI
Palm e;;cn-- /10
pojrn 9-=" B
Palm &-=tt C
Palm Bud1 0
Pasco
PIMIu
30nla 1\_
santA R.....
S~ota
s...._
SarlIIlOtl
St~
SL I.vcle
VoIusrs
V......
~
WlIlI:llIIa
W"ttOt1
A
6
C
D
II<
a
c
o
A
B
:::
o
A
9
C
A
a
c
I
I
--I
-1
'"
9
C
II<
e
c
AYeftAGerro"AL
RII~ Cr.r;,~ ~ IMlaM" Le'i~
Non<! (a) . r
(Base RlII!!"
98....
t!JZ~
Z4:Z~
1 ec-..
103'
67....
52....
gl'"
~....
15'7%
, 06'lI.
S2'Il.
199"l'
1~1"
t 15'4
lOS'll.
43-..
m%
~
6''''
33...
19'%
88%
54....
37""
229%
~"Ilo
e.J'!l>
3:'1
I
-16%
75')4
1.tO"Jl,I
, .22'L
51-"T
1:rr<W.'
N2'llo
f~
125%
101'4
~
~
258..
350.,.
133%
21.,.
.f~
--W,.
:)0 1 ,.
39...
~..
-5"'-
~
\ 00...
1:28'"
$om. I ..'9......., v';1'f "'19" ~"ro i
(l)l ~ I (d) rel'l
54o,r,-r 37'Jl.1 6'.b O~-,
I AI ......... .. Jot ,.
147% oo%r- JG" -2J~c:-.g.A_oI'OD'
Z37.... \5-<" !l9..... \2"10.
1:5e'1 94"4 45." ~.~"41' \Ol ~~;...
102"4 :;.4'" IS", J J" _v.......
I .,-- "1lQ,
Be':' 28~ .3% 4.S"4' _u.or.RooI
44" 91> .115'\ 0 n
8:3'll1 35"1l. 3% '.'5% ~)
;ZSS", , 70' \ CX1'J. S.S"JI.
!~'" ,:ze"ll. 70"" J.&'llo
103... 56' 17% J.l'
62% 26"" .5% 2.g....
..
!ll9"'ll1 12'''. 64", f.4% tol
162'llo 102... S1.. 4.~'
11:1.. 64.... Z3".tt .V'll.
, 04"4 57"4 Ill" O.~..
37'4 ..'" -1;:% 0.5"41
7Zl!l'" I~ 82' 0.6% (ell
Z13% , :za... 77'% 0 1 ...
52... Ill.. -:no; 1.5~
',,'4'1lo -5"4 .n" 0..2%
sa'll. JQ% 6~ O.2'\(,
7!5" 35.. 7"" 3.5%
~ 10"'" -13'" 0 J'I,
29.. -'''4 .ZC% 0.2%
2\Z"Jl, lJO'" n.. 2.3"4
59% 25% .5"4 :l 3"4
70% 29.. .'Z"llo a a...
.3'4' .24"41 .40'4 O.,j'll.
.q.. -J2".tt ~');.: C "':\0
,
-22".iio
t'!l.",
I J ~"
12~...
39%
119':\
11:J4.. .
, S2'llo I
117%
~'!&o
43'!&o
52%
:.?;l""
Xl6 ..
123...
2:2"4
.5'1.
2:2%
2~'Ilo
z,
~l
Al ..
ll8"4
..;)S%
Zl~
2
~
10%
GO"-
12J...
90'~
&4"4'
48%
, 0'IIt
16%
130%
;:14,.
Iie'll.
4"1.
.~
.,".it
'ae...
-2%
-f'll.
-20...
"%
36..
0.''''1
o 5'<. ,
4.0-..
4.04Jl.
O.J'lI.
O.3'!11
3.a.,.
".5...
......
1.4'"
1.0'!ll
3.~
02'l'
0.2'"
4.:z'lIo
2.:;'"
0.6"
o.~
0,''''
t.9"4
I.e..
0.1%
O. \..
f.4"
-48"
...J%
2e'
t7.,.
-7'"
23...
66"4
A3
24%
I'"
.13....
-10"lt
TS...
1 <40..
~..
-'2.7%
-4O"lIo
0' ...
lIS-..
-2'"
-HI"
-37"to
os,.
8..
12'"
17%
25"1,
100.0"1.
........, ~
....se. ....."e&.
s-..II-JltJ.4At..
Old. -...
HIl>-_
-..-=-
N.I.s&..W__fta_
Sup. *- '"'""'''1M.
--....
Hip IIh 1"SL.,.:5
~C-.
s.c.. ...... Res.
~.Il_J.""NI.
_S~
....fl...-S _.
THE MIAMI HERALD
INSURANCE: HIGH COST, LOW RISK RESIDENTS
SHOULD DEMAND CHANGES
Tuesday, August 22, 2000
Herald Staff
Memo: EDITORIALS
Section: Editorial
Edition: Final
Page: 6B
The insurer of last resort for hurricane protection in South Florida - the Florida Windstorm Under-
writing Association - fast is becoming the insurer of no resort for many homeowners. Thanks to a
generous Legislature, a consumer-unfriendly FWUA board of directors and an industry-favoring arbitra-
tion panel, residents here get to pay exorbitant rates for minimum coverage with shockingly high de-
ductibles. This cannot - must not - continue.
South Floridians must let their legislators and candidates for the Legislature know that we want
changes, and fast. For starters, we should demand that the FWUA board be reconstituted to include a
majority of consumers living in Florida. There are well-qualified statisticians and business people who
can serve. Second, we can demand that the assumptions for the computer models be made public. and
that the data not be the sole determinant of rates. Third, we can demand that the arbitration panels
be scuttled in favor of investing rate-appeal authority in the insurance commissioner, whose decisions
are subject to review by the courts.
RATES SOARING
Since Hurricane Andrew in 1992. insurers have raised homeowners' rates for storm coverage two-
and three-fold. The state Legislature created the FWUA in 1970 as an insurer of last resort to offer
coverage in areas that private-insurance companies refuse to cover. That area has been repeatedly ex-
panded. Yet, amazingly, lawmakers also have allowed the FWUA to operate outside the guiding princi-
ples of the state's Sunshine Law. For example, the FWUA bases its rates on damage estimates calcu-
lated by insurance-industry computer models. The assumptions used in designing the models are kept
secret from the public - and from state regulators, too. Only this year did the Legislature finally ap-
prove developing the state's own model. In a two-day series of articles, The Insurance Storm, The
Herald described how the industry-owned computer models provide wildly different projections of
damage. The models, which were developed by firms that have ties to the insurance industry, don't
agree in their damage predictions. For a typical $100,000 masonry home, the estimates of average an-
nual insurance losses from hurricane damage range from $454 to $1,158. A firm whose hurricane
models are used by the FWUA was found to have a model that overestimated earthquake damage by
I 00 percent.
RISK SHIFTED
The FWUA has shifted large chunks of the risk of hurricane damage to homeowners along the coast.
The FWUA, for example, requires homeowners t;, pay deductibles of 2 to 5 percent, instead of $500
to $1,000 deductibles that existed prior to Andrew. This can cost the owner of a $150,000 home
C:\Librory\f\CC\lUindstOfm Herald Article 0822.2000
THE MIAMI HERALD Tuesday, August 22, 2000
INSURANCE: HIGH COST, LOW RIS" RESIDENTS SHOULD DEMAND CHANGES
$7,500, before insurance pays a dime, Many policies no longer pay homeowners the replacement value
of damaged valuables, such as furniture and appliances, Instead the policies pay a fraction of what it
costs to replace property, To make matters worse, consumers have little voice on the FWUA's 15-
member board of directors. Twelve of the members are from the insurance industry, including five
from out of state. The state's publicly elected insurance commissioner has less final say on contested
rate increases and other FWUA policies than does a three-person, unelected arbitration panel, whose
decisions consistently have favored the industry, This constant and repeated weighting of rate decisions
can no longer be tolerated.
All content@ 2000 THE MIAMI HERALD and may "'lot be republis.hed without permission.
All archives are stored on a SAVE (un) newspaper library system from Media Stream Inc., a Knight-Ridder Inc. company_
C\librarl,l\ftCC\Windstorm Herald Article 0822.2000
THE MIAMI HERALD
SECRECY, HOMEOWNER'S INSURANCE AND THE
FWUA
Saturday, August 26, 2000
Memo: THE READERS' FORUM
Section: Editorial
Edition: Final
Page: 68
Florida rightly prides itself on its government-in-the-sunshine laws - requiring that public records and
meetings be open - but, there's a glaring contradiction when it comes to setting homeowners insur-
ance rates.
That's because insurance companies base their loss projections on computerized simulations devel-
oped by private modeling firms. And these firms claim that the data fed into their computers is a trade
secret. Neither the public nor the elected insurance commissioner is allowed to know what combina-
tion of meteorological, risk exposure and other information is used. How can the people have any
confidence in a secretive system that now threatens to double or even triple windstorm insurance
rates in some Florida coastal areas?
For more than five years now, I've been fighting the secrecy and inherent conflicts of interest in this
system. I have refused to accept the huge loss projections of the private computer models, and instead
relied largely on historical experience in reviewing rate requests. For the most part, we've been suc-
cessful in ending the spiral of rate increases. But the successes are being undermined by two changes
made in Florida law that stripped away final decisions on homeowners' rates from the insurance com-
missioner.
In 1995, the Legislature made the industry's computer projections"; dmissible and relevant" in rate
decisions. In '96, it gave insurers the option of appealing the commissioner's rate decisions to three-
member, appointed arbitration panels. Since then, insurers have won eight of nine appeals to industry-
dominated arbitration panels.
The most troubling decision came last May when a panel granted rate increases averaging 96 percent
along both coasts to the Florida Windstorm Underwriting Association, the most aggressive user of
computer modeling. Over my objections, an appellate court subsequently allowed the industry-run in-
surance pool to begin phasing in the increases on its more than 400,000 policyholders, while my office
pursues a legal challenge of the arbitration panel's decision on procedural grounds.
It's clear that Florida's rate-making system needs fixing. What better time for voters to demand change
than the current political season when most of the next Legislature is up for election?
We've already made a start, obtaining $1.2 million in this year's budget to develop a public computer
model to counterbalance the industry's storm projections. An additional appropriation will be needed
next year to complete the project and money annua,lY thereafter to keep it running. Beyond that.
C,\librory'flC0Windstorm Insurance Herold Nelson
THE MIAMI HERALD
SECRECY, HOMEOWNER'S INSURANCE AND THE FWUA
Saturday. August 26. 2000
other reforms we've proposed must gain broader support to overcome the influence - and campaign
contributions - of the insurance lobby. Voters throughout the state must demand legislative candidates
commit to repeal arbitration and return final decisions on homeowners' rates. They also should insist
on putting more consumer representatives on the FWUA's governing board and reducing the size of
the windstorm insurance pool.
BILL NELSON
State Treasurer and Insurance Commissioner, Tallahassee
All content @ 2000 THE MIAMI HERALD and may not be republished without permission.
All archives are stored on Q SAVE (tm) newspaper library system from MediaStream Inc., a Knight~Ridder Inc. company.
C\Library\AC0Windstorm Insurance Herald Nelson
THE MIAMI HERALD
LAWMAKERS SEEK INSURANCE REFORM CHANGES
COULD EASE WIND RATES
Tuesday, August 29, 2000 Section: Front Edition: Final
BY PETER WHORlS KEY, jwhoriskey@herald.com
Illustration: color photo: Ron Silver (nj, Sally Heyman (nj
The controversy over rising hurricane insurance prices is heading to the Legislature, with a pair of
South Florida legislators pushing a reform proposal that they say will lead to lower, fairer premiums.
The proposal from Sen. Ron Silver, D-North Miami, and Rep. Sally Heyman, D-North Miami Beach.
would reengineer the way insurance companies have been allowed to set insurance prices in the wake
of Hurricane Andrew in 1992. It would:
Page: I A
.
Forbid insurance companies from setting rates exclusively on the basis of private computer models
that predict hurricane damage.
Scrap the arbitration panels that the state employs to regulate rates, restoring the veto power of
the state's elected insurance commissioner.
.
Give consumer representatives, rather than insurance industry representatives, a majority on the
board of the Florida Windstorm Underwriting Association, the state-created hurricane insurer that
is doubling and tripling prices for thousands of South Floridians.
"The whole system needs to be revised," Silver said. "It's unfair. The Legislature must respond to me
overwhelming desires of the people."
.
While some similar measures in recent years died in legislative committees, proponents believe that
outrage over the ongoing rate increase from the Florida Windstorm Underwriting Association has
built momentum for change. The legislators signaled their support for the measures at a concerned
homeowners (Northeast Dade Coalition [sic]) meeting Saturday in North Miami-Dade.
"These issues unfortunately have been stifled in the Legislature for the last four years," said state Rep.
John Cosgrove, D-South Dade, a candidate for insurance commissioner. .. But now these issues will
have to be dealt with." Both Cosgrove and a spokesman for his Republican opponent, Education Com-
missioner Tom Gallagher, said they support the proposals.
The insurance industry, on the other hand, one of the largest contributors to state campaigns, ex-
pressed opposition. Industry representatives defended the use of computer models for hurricane
damage as the state-of-the-art method for assessing risk and setting appropriate prices. They are ada-
mantly opposed to scrapping the arbitration panels, too.
Under current law, an insurance company seeking to raise rates can appeal an insurance commis-
sioner's veto to an arbitration panel. Commissioner Bill Nelson says the arbitration process favors in-
surers, while insurers say arbitration is fairer because it is faster. "An insurer has always had the right
(:\J..ibtary\ffC(\JJJindstorm Herold Article 0829.2000
THE MIAMI HERALD
LA WMAKERS SEEK INSllRANCE REFORM
CHANGES COULD EASE WIND RATES
Tuesday, August 29. 2000
to go to court in a rate dispute, but that takes two to three years," said Sam Miller, a spokesman for
the Florida Insurance Council. Insurance companies, he said, have the right to quicker turnaround.
RECENT INCREASE
The legislation is in many ways a direct response to the recent rate hike from the Florida Windstorm
Underwriting Association. The rate increase was justified by computer models. It was approved by an
arbitration panel. And it was proposed by the association's board, a board dominated by the insurance
companies.
The Florida Windstorm Underwriting Association is a state-created insurer that writes hurricane poli-
cies in coastal areas. Currently, 12 of 15 board members are appointed by the industry. Apart from
picking at the specifics of the proposals, the insurance industry also raises a broader argument against
artificially low prices. Prices that are too low, they say, would hurt consumers in the long run.
MONEY FOR LOSSES
If rates are too low and a hurricane strikes, insurers would founder without enough money to pay
losses, they say. More troubling with regard to the Florida Windstorm Underwriting Association, if
rates are set too low to cover losses, policyholders in upstate and inland areas will be forced to pay
special assessments when a major hurricane hits. "We're not charging adequate premiums to cover
our expected losses," FWUA spokesman Ron Natherson said.
TOUGHER CHOICE
If the insurance industry succeeds in scuttling his proposal, Silver said, he will pursue a statewide refer-
endum that may be less palatable to the industry. That proposal would cap the annual increases in
homeowner insurance prices. "While the Legislature has been subservient to the insurance industry,
we are going to give them one more opportunity to pass these proposals," Silver said. "If the Legisla-
ture doesn't act, then the people must speak on the issue."
All content 2000 THE MIAMI llERALD and 11l IV not bt.: republished without pemlission.
:tll archives are stored on a .)~.HE (tm) new~paper library .~~'stemlmm J-ledia 5'tream Inc, a KnighT-Ridder file. company.
C:\Librar\)\fK(\jJJindstorm Herald Article 0829,2000
THE MIAMI HERALD
FWUA JUSTIFIES ITS RATE INCREASE
Saturday, September 2, 2000
Section: Editorial
Edition: Final
Page: 6B
The Herald's series on hurricane insurance raised many questions regarding the Florida Windstorm Un-
derwriting Association's recent rate filing. However, it ignored the consequences of inadequate rates for
all Florida property policyholders and the need for the FWUA to build up reserves to cover claims.
Created by the Legislature in 1970 as a last-resort insurer in high-risk coastal areas, the FWUA never
was intended to compete with private insurers. By law, the FWUA must charge premiums that are ade-
quate to cover potential losses.
For several years, FWUA premiums haven't kept pace with losses. As a result, 90 percent of Florida
homeowners with private insurance have been subsidizing the premiums of FWUA clients. In 1998, that
subsidy amounted to $100 million. Floridians who don't live in coastal areas must make up the difference
when FWUA policyholders don't pay adequate premiums. Those not insured by the FWUA (75 percent
in Miami-Dade County) have been paying more for private insurance and should actually save money be-
cause adequate rates for the FWUA mean less severe assessments on Florida property policyholders.
By charging more-realistic rates, the FWUA also makes it possible for private insurance companies to
compete in the coastal areas, which hopefully will offer homeowners more options for coverage. Florida
law says that the FWUA's rates shouldn't be so low as to discourage private companies from entering
th e market.
The series also questioned the accuracy of computer models used to predict losses in future storms. The
computer models were approved for rate making by the Florida Commission on Hurricane Loss Projec-
tion Methodology, a panel of state, university and industry experts, most of whom are appointed by the
Insurance Commissioner. Statistics used to develop the models came from public documents and the re-
sulting analyses are open to the public.
We know the premium increases will be a burden to some homeowner;. That is why the increases are
phased in over a period of years with increases limited to 20 p ~rcent in the first year, 30 percent the
second year and 40 percent thereafter. In the first three months of this new rate structure, a majority of
policyholders received less than a $10 per month increase in their FWUA policies, before any mitigation
discount.
Mitigation can save homeowners as much as 50 percent for making improvements that save property and
lives. We have done everything we could to develop a rate schedule that is fair to all Floridians and will
enable us to be there for our policyholders when they need us most.
REBECCA J. FUSSELL
Executive Director, FWUA
Jacksonville
All content @ 2000 THE MIAMI HERALD and may r ':It be republished without permission.
All archives are stored on a SAVE (un) newspaper library system from Media Stream Inc, a Knight-Ridder Inc company
C:\library\flCOWindstorm Miami Herald FWUA Response
THE MIAMI HERALD
STORM RATE HIKE BASED ON CONTRARY DATA AC-
CURACY AND OBJECTIVITY OF FORECASTS IS QUES-
TIONABLE
Sunday, August 20, 2000 Section: Front Edition: Final Page: I A
BY PETER WHORISKEY, pjwhoriskey@herald.com
Memo: THE INSURANCE STORM; I st of two parts; See microfilm for charts
The new hurricane insurance rates that will double or triple many South Floridians' bills are based on
storm damage forecasts that conflict with one another, appear to overestimate coastal losses and rely
on the objectivity of forecasting companies linked closely to the insurance industry, a Herald review
shows. The damage forecasts were the key to convincing regulators that higher prices are justified.
Based on their results, most of the 200,000 South Florida homeowners covered by the Florida Wind-
storm Underwriting Association will be forced to pay hundreds of dollars extra annually for hurricane
insurance.
The computer models developed by the forecasting companies appear to fail basic tests for accuracy
and objectivity, however, raising questions about whether the new, higher prices for South Florida
homeowners are justified. Regarding accuracy:
. The computer models do not agree with one another - and the damage predictions vary so much
that they can't all be considered legitimate. F, equently, one model generates a hurricane damage
prediction that is two, three or four times higher than another for the same ZIP Code.
. The computer models predict a pattern of hurricane damage that is at odds with the pattern of
damage wrought by Hurricane Andrew. The 1992 catastrophe inflicted severe damage on the coast
and in inland areas; by contrast, the models generally predict that wind damage will be far worse
within two miles of the coast, where most Florida Windstorm Underwriting Association policy-
holders live.
One of the modeling companies, EQE International, overestimated earthquake losses in parts of Cali-
fornia by as much as 100 percent. The discrepancy was discovered during a 1997 lawsuit over earth-
quake insurance rates, and its discovery caused insurers to drop rates accordingly.
Regarding objectivity:
. The two computer models that generated most of the highest loss estimates in Florida were devel-
oped by reinsurance brokers, which stand to benefit directly from higher storm-loss predictions.
C:\Libfan,l\fKOMH Windstorm 0820.2000
Page 1
THE MIAMI HERALD
STORM RATE HIKE BASED ON CONTRARY DATA ACCURACY
AND OBJECTIVITY OF FORECASTS IS QUESTIONABLE
Sunday, August 20, 2000
Reinsurance brokers sell insurance to insurance companies to cover catastrophic losses; higher
damage predictions would boost sales.
. The three other models were developed by companies that serve as consultants to insurance com-
panies.
The Florida Windstorm Underwriting Association. the consortium of insurers that is doubling and tri-
pling its hurricane prices, writes most of the policies east of Interstate 95. They cover only wind dam-
age; flood losses are covered separately.
Association representatives argue that the computer models are the best means of estimating hurri-
cane risks and setting appropriate rates. They say Hurricane Andrew, which led to the failure of II in-
surers, proved the inadequacy of old methods, which based prices on average storm losses over a 30-
year period.
The new computer methods take advantage of advances in meteorology, wind engineering and com-
puting to simulate thousands of years of storms, Using the simulations, five modeling companies pre-
dict damage estimates in every Florida ZIP Code; insurance prices are then based on the median, or
middle, estimates.
While insurers believe the new way is more accurate, evaluating their accuracy and the prices they dic-
tate is difficult. The detailed scientific assumptions that go into the models are considered trade secrets
by the companies that developed them. Also, there is no generally accepted public model that can be
used to check the results coming out of the private models - at least partly because the insurance in-
dustry in the past has blocked one from being developed.
The insurance industry, one of the largest contributors to state political campaigns, has opposed pro-
posals in the Legislature to fund a public computer model that would have been developed by state
university -:xperts. "V'/0. are skeptical that the public-sector model couid Jevelop into something that
could be credible in the financial markets," Rade Musulin, an insurance lobbyist, told the Senate Banking
and Insurance Committee in 1998, when the committel~ was considering the issue.
The effort to develop a public model for hurricane damage prediction failed then. failed again last year
and finally passed this year, but only after its advocates hid the funding legislation from insurance indus-
try lobbyists. Completion of the public model is at least two years away, however. "We snuck the
funding for the public model into the proposed budget under a name that would be difficult for the op-
ponents to spot - 'Atmospheric Anomaly Impact Research,' " said Rep. Carlos Lacasa, R-Miami. "They
didn't see it until it was too late. When the model is complete, there finally will be a way to challenge
the credibility of the private models." Until then, South Florida homeowners will pay rates that critics
believe amount to mere guesswork.
.. How can you have five different models giving five completely different answers and then turn around
and say that they're all valid?" said Rep. John Cosgrove, D-South Dade, one of the insurance industry's
long-standing critics. "The insurance industry in essence is saying, 'Trust us - trust our numbers.' In my
opinion, that would be completely irresponsible." COMPUTER MODELS The Florida Windstorm Un-
derwriting Association based its rate hike on the five computer models that in 1998 had been ap-
proved for use by the state of Florida.
C:\l.ibrary\fl(OMH Windstorm 0820.2000
Page 2
THE MIAMI HERALD
STORM RATE HIKE BASED ON CONTRARY DATA ACCURACY
AND OBJECTIVITY OF FORECASTS IS QUESTIONABLE
Sunday, August 20. 2000
Those models were developed by:
. Applied Insurance Research, a Boston-based catastrophe modeling company that works primarily
for insurers.
. EQE International, an Oakland. Calif.-based catastrophe and engineering company. with funding
from Guy Carpenter & Company, a New York-based reinsurance broker.
. E.W. Blanch, a Dallas-based reinsurance broker.
. Risk Management Solutions, a Menlo Park, Calif.-based modeling company that works primarily for
insurance companies.
. Tillinghast Towers-Perrin, a New York-based insurance consulting firm.
To win state approval, each of those modeling companies submitted reams of documentation regarding
its assumptions for hurricane frequency, wind speed and the like. But even the chairman of the com-
mission that approved the models isn't exactly sure how they work. "I don't know whether the num-
bers are accurate or not," said Elsie Crowell, the former chairman of the state commission that re-
viewed the models. She said the models were approved for use because they met state standards,
which she thinks need improvement. . 'I have real problems with models that generate different an-
swers to the same question."
The critical set of numbers that each model generates is the annual average damage prediction for
every Florida ZIP Code. In most ZIP Codes, the five models vary widely. Take, for example, the ZIP
Code 33138, one that covers much of Miami Shores. For a typical $100,000 masonry home, the esti-
mates of average annual insurance losses from hurricane damage range from $454, the prediction from
the E.W. Blanch model, to $1.158, the prediction from the EQE International model.
Which is right? Representatives of the modeling firms ~ay they based their estimates on the best avail-
able science. Representatives of the Florida Windstorm Underwriting Association say the spread of
the numbers is to be expected and note that by using l,',e median for each ZIP Code, their calculations
become more" stable."
.. Considering that the phenomenon of hurricane damage is not easy to measure, these numbers look
fairly close to me," said Mike Walters, the consulting actuary from Tillinghast Towers-Perrin who as-
sembled the data for the windstorm association. "It only stands to reason that the median is the most
reasonable pick."
DAMAGE COMPARED
Critics, meanwhile, contend that some and perhaps all of the numbers are wrong - and point out that
the median of five wrong numbers is likely to be wrong as well.
To evaluate the models, The Herald compared the damage predicted by the computers against the ac-
tual damage experienced in Hurricane Andrew, a $16 billion disaster that leveled thousands of homes.
The computer predictions are at odds with that historic catastrophe. The computer models generally
predict that hurricane wind damage will be much more costly near the coast. This is a critical assump-
tion for consumers; most of the windstorm associatior, s clients live within two miles of the beach.
C\library'fKOMH Windstorm 0820.2000
Page 3
THE MIAMI HERALD
STORM RATE HIKE BASED ON CONTRARY DATA ACCURACY
AND OBJECTIVITY OF FORECASTS IS QUESTIONABLE
Sunday, August 20. 2000
Higher damage estimates translate into higher insurance prices. The models indicate. for example. that
a typical $100.000 masonry home at the center of the 33180 ZIP Code in Aventura will sustain $784 in
damage on an annual basis. If the home is located about two miles farther inland. at the center of the
33179 ZIP Code. the indicated damage is $418.
There is some reason to believe that this may be true: As hurricanes move over land. they weaken.
Hurricane wind speeds, which are relatively unimpeded over the ocean. are slowed as they hit trees
and buildings on land.
The damage wrought by Hurricane Andrew did not follow any such simple guidelines. however. Some
of the worst damage was inflicted well inland. One of the best databases on home damage. drawn
from more than 70.000 post-Andrew insurance claim records and assembled by Clemson University
researchers, shows that homes in inland ZIP Codes often sustained greater damage than those by the
coast. In the coastal Perrine ZIP Code of 33157. for example, located just about where the hurricane's
northern eye wall passed, homes generally sustained 30 percent less damage than homes seven miles
west in the 33187 ZIP Code.
Why did so much of the ~orst damage happen miles from the coast? The answer, according to hurri-
cane experts. is that the amount of wind damage in a hurricane is only partially related to the sustained
wind speeds.
Other significant variables. apparently ignored or minimized by the models. also playa role in deter-
mining hurricane damage: the extent of sheltering tree cover, the age of the home. and the violent
wind gusts that are often seen inland. "I don't think these details are considered by the models," said
Clemson University civil engineering Professor Peter Sparks. who has studied hurricane damage mod-
els. "It would be too complicated."
While supporters of the models discount the Hurricane Andrew record and its variance from the
models. saying Andrew's damage pattern was atypical. some hurricane experts disagree. "Hurricane
Andrew might be different from their models." said r 1ark Powell. a researcher in the Hurricane Re-
search Division of the National Oceanic and Atmospheric Administration. "But I don't know how you
can say it was atypical."
COMPANIES' REACTION
Representatives of the five modeling firms. contacted by The Herald. rejected the possibility that their
financial interests - each company is entwined with the insurance industry - might have generated
higher estimates. "Our engineers have been told over and over to give the best, unbiased estimate of
hurricane damage," said Masoud Zadeh. senior vice president of E.W. Blanch. "We developed the
model independently of any financial considerations."
Critics of the models. on the other hand, argue that the financial links between the modeling firms and
the insurance industry make the models untrustworthy. All of the firms involved in developing the
damage forecasts are either involved in selling insurance or rely on insurance companies for business.
Several executives of the modeling firms once served as insurance company executives. Terry Van Gil-
der, for example, the chairman of Risk Management S::>lutions until 1998. previously served as an ex-
ecutive vice president with the Chubb Group of Insurance Companies.
C:\J..ibran,NK0MH Windstorm 0820.2000
Page 4
THE MIAMI HERALD
STORM RATE HIKE BASED ON CONTRARY DATA ACCURACY
AND OBJECTIVITY OF FORECASTS IS QUESTIONABLE
Sunday, August 20. 2000
"These models are bought and paid for by the industry," Florida Insurance Commissioner Bill Nelson
likes to say. While Nelson has not offered any specific proof of bias. when The Herald analyzed the
damage data from each of the models, one curious pattern popped out. Two of the models generated
the high value for most of the ZIP Codes, and, coincidentally, each of those models was developed by a
reinsurance broker. Those two major brokers. E.W. Blanch and Guy Carpenter & Company, stand to
benefit directly from higher damage assessments: They use the models to show insurance companies
how much reinsurance they need to buy from them. Higher damage predictions call for more reinsur-
ance - and when more reinsurance is sold. reinsurance brokers typically make more money.
"We use the models to show our clients how much reinsurance they should buy and how much they
should pay for it," said Bill Ashley, executive vice president of E.W. Blanch. "But the idea of bias is ludi-
crous. The entire development of the model took place in one of our subsidiaries in California. It was
developed without any interference or influence from the brokerage side." "We built the model com-
pletely independent of any business considerations," said Robert Healy. senior vice president of EQE
International. which developed the model for reinsurance broker Guy Carpenter. Even if the mod-
elers are not purposely inflating the numbers to raise insurance prices, critics say, the natural conser-
vatism of the industry inclines the modelers to err on the side of higher damage predictions and higher
premiums. "Reinsurers will have a natural bias to be on the high side," said Bob Hunter, director of
insurance for the Consumer Federation of America and former Texas insurance commissioner.
"Those biases will be built into the models."
EARTHQUAKE CASE
Raising more questions about the validity of the damage models is an insurance case that unfolded in
California three years ago, after the California Earthquake Authority, a consortium of private insurers,
proposed new earthquake insurance prices. The consortium had based its rate on earthquake damage
predictions issued by a model developed by EQE International - one of the firms responsible for the
new Florida windstorm rates. T estimv, 'Y in the California case revealed that EQE had used invalid cal-
culations to generate its damage estimates, and that those calculations overestimated the danger in
some regions by as much as 100 percent. In other northern California regions, it overestimated dam-
age by 30 and 50 percent. After the testimony, EQE and the earthquake insurer agreed to lower their
damage estimates and rates. Some prices dropped by 45 percent. Had it not been for the lawsuit and
public scrutiny. it is unlikely that the error would have been discovered.
"It was a judgment call on our part," said Dennis Kuzak, senior vice president of EQE International.
"The scientists hadn't even come to a consensus on this particular technical issue." David Jackson,
one of the earthquake experts who challenged the EQE model, declined to speculate on the reasons
for EQE's approach. "I can't tell you whether the error was made in good faith or not - I don't
know," said Jackson, a professor at the University of California at Los Angeles. "But I would say that.
regarding most of the technical issues that could have been called either way, I don't know where they
made a choice that would have lowered the rates."
NEW MODEL AWAITED
Many of these issues may be settled as experts at Florida universities develop the public model, which
was funded by a $1.2 million grant this year from the Legislature. Among the options it could intro-
duce into insurance rate-setting are credits for older homes, which fared better than newer homes in
C:\librarl,.l\fK0MH Windstorm 0820.2000
Page 5
THE MIAMI HERALD
STORM RATE HIKE BASED ON CONTRARY DATA ACCURACY
AND OBJECTIVITY OF FORECASTS IS QUESTIONABLE
Sunday, August 20, 2000
Hurricane Andrew, or for homes surrounded by trees. But backers of the project say its chief virtue
may be the intense public review. "We expect criticism - precisely because it will be in the public
eye," said Shahid Hamid. a Florida International University finance professor working on the project.
"It will be revised. updated and improved as a result. Eventually, if a private model produces much dif-
ferent numbers from the public model, the private modelers will have some explaining to do." Herald
database editor Tim Henderson contributed to this report.
COMING MONDAY
The next time a major hurricane hits South Florida. the region could be economically devastated as
homeowners scramble to pay higher deductibles while insurers make lower payouts on damage.
All content@ 2000 THE MIAMI HERALD and may not be republished without permission.
All archives are stared on a SAVE (tin) newspaper library system (rom MediaStream Inc, a Knight-Ridder Ine. company.
p
C:\libron,r\ACOMH Windstorm 0820.2000
Page 6
THE MIAMI HERALD
PRICIER HURRICANE COVERAGE HITS MORE OF
POOR AND MIDDLE CLASS
Sunday, August 20, 2000 Section: Front
By PETER WHORISKEY, pjwhoriskey@herald.com
Memo: THE INSURANCE STORM
Edition: Final
Page: I A
Mildred Coffey, who lives near Interstate 95 in North Miami Beach, collects signatures opposing wind-
storm policy rate hikes, which will affect a broad spectrum of income groups. . It's going to strap me
terribly,' said Coffey, 74.
Billed as a price hike that would affect mostly wealthy coastal homeowners, the new hurricane rates
will actually hit a demographically broad swath that includes tens of thousands of poor and middle-
income residents. A Herald analysis shows that while a third of those affected by the price increases
are insuring second homes, most people in South Florida affected by higher rates are far from wealthy:
Some of the neighborhoods hit with price increases are among South Florida's poorest: Little Haiti,
parts of Coconut Grove and Dorsey-Riverbend in Fort Lauderdale. The proportion of people living
in poverty in those neighborhoods is 60 percent, 40 percent and 50 percent, respectively, accord-
ing to census figures.
About 60 percent of the owner-occupied homes cc vered by the new rates are valued for insurance
purposes at less than $125,000.
Only about 5 percent of the owner-occupied homes affected by new rates are valued for insurance
purposes at more than $400,000.
"There's no rich people living on this street," said Dolores Washington, a 53-year-old nurse's aide
who lives near Little Haiti. When the new rates are phased in on her home, which is insured for
$47,000, she'll likely be paying close to $600 annually for hurricane wind protection - about three
times what she paid just two years ago.
.
.
.
"When they told me how much I'd be paying for wind coverage, I started yelling - I said, 'There must
be some mistake,' " said Nestor Mascarell, a 32-year-old accountant who just bought a house in Fort
Lauderdale's Victoria Park neighborhood. He is paying $ i ,624 a year for $180,000 in hurricane cover-
age. "Those kinds of prices are going to put this neighborhood out of reach for a lot of people."
One of the key arguments for raising the hurricane insurance rates of the Florida Windstorm Under-
writing Association - the insurance pool that is doublip~ and tripling rates for many homeowners east
of Interstate 95 - is that the lower rates are an unfair aJvantage for the rich owners of coastal real es-
C:\Librarv\9C0lUlndstorm Herold 0820.2000
THE MIAMI HERALD August 20, 2000
PRICIER HURRICANE COVERAGE HITS MORE OF POOR AND MIDDLE CLASS
tate. The Florida Windstorm Underwriting Association covers homes in coastal regions around the
state. If a big hurricane hits these coastal regions, homeowners all over Florida will be forced to pay a
special assessment if the association has not collected enough in premiums to cover the damage.
Raising the association's rates protects inland and upstate homeowners from having to pay extra in the
event of another catastrophe, said Rep. Stan Bainter, R-Eustis, who as chairman of the House insurance
committee has been a key advocate of higher rates. He has presented photographs of fancy beach
front homes at meetings to underscore his point. "1 don't begrudge the person who owns a $7 mil-
lion home in Miami Beach, but I don't think other people should be subsidizing their insurance," Bainter
said. "They should be paying an appropriate rate." Bainter, who lives in rural central Florida, charac-
terized the regions covered by the windstorm association insurance as generally prosperous. ., The
closer you get to the coast, the more expensive the home," Bainter explained. "I can't imagine there
are too many homes in the affected area in Dade, Broward and Palm Beach that would be considered
inexpensive. II
The truth is more complicated than that. Said Ernest Morgan, a retired parks supervisor who lives in a
modest Miami home: "I've been paying for insurance for 30 years, I've never filed a claim, and now
they want to raise my rates again. It's not right." The new rates may prove especially difficult for the
elderly and other homeowners on fixed incomes. "If the prices keep going up, I don't know what I'm
going to do," said Mildred Coffey, 74, who lives near Interstate 95 in North Miami Beach. She set up a
protest stand outside her local Publix supermarket. "Some people won't be able to stay in their
homes. It's going to strap me terribly."
Herald Database Editor Tim Henderson contributed to this report.
All content@ 2000 THE MIAMI HERALD and may not be republished without permission.
All archi~'es are ~tcred:)n 0 )~VE (tm' '112wStOt;JeI 'ibrar'r :>yst':'rr frcM~ediaSU-eQm Inc., 0 Knight-Ridder IrK ccmpcr'lv
C\libror~N=tCC\llJindstorm Herold 0820.2000
The Miami Herald
Major property insurance laws passed since Hurricane Andrew
Monday, August 21, 200 C
Year: 1995 Bill: /HB 2619 What it did: For the first time, established 2-percent deductibles for
homeowners and 3-percent for businesses, Gave FWUA ability to recoup assessments directly
from policyholders. Created Hurricane Loss Methodology Commission and required
Department of Insurance to accept use of computer models, Sponsors: Rep. John Cosgrove
(D-Miami). Sen. Steven Geller (D-Pembroke Pines), Rep. Debbie Wasserman-Schultz
(D-Weston), , Rep. Stan Bainter (R-Eustis). Rep. John Thrasher (R-Orange Park). Sen. Muriel
Dawson-White (D-Fort Lauderdale), Rep. Ben Graber (D-Coral Springs), Rep. Greg Allen Gay
(R-Cape Coral).. Rep. John C. Rayson (D-Pompano Beach) and Rep. Jack Ascherl (D-New
Smyrna Beach).
Year: 1996 Bill: SB 2314/What it did: Gave arbitration panels power to settle rate disputes,
which were previously decided by the elected insurance commissioner. Amended deductibles
to required insurers to give owners of homes valued less than $100,000 a choice between a
$500 deductible and a 2-percent deductible. Sponsors: and Sen. John Grant Jr. (R- Tampa).
Co-sponsors were Sen. Locke Burt (R-Ormond Beach), Sen. W.o. Childers (R-Pensacola), Sen.
AI Gutman (R-Miami), Sen. Betty Smith Holzendorf (D-Jacksonville), Jack Latvala (R-Palm
Harbor), and Sen. Pat Thomas (D-Quincy).
Year: 1997 Bill: SB 794/What it did: Forbid the FWUA from distributing its profits to member
companies; expanded the FWUA board to add three consumer members: the insurance
consumer advocate, a member appointed by the governor and another appointed by the
insurance commissioner. Sponsors: Laws designed to ,rotect consumers killed As far as
windstorm issues go, the industry clearly has an advantage in the House. The House
Committee on Insurance is run by an insur:lrlce agent from Eustis who opposes the idea of
subsidizing coastal South Floridians with cheap windstorm insurance. Out of the remaining 15
members, a third are either agents or work for Allstate. Since taking charge of the committee,
Rep. Stan Bainter, R-Eustis, has been able to quash bills designed to help consumers before they
even reached a vote. Pro-consumer bills fared no better in the Senate Committee on Banking
and Insurance despite it being chaired by a South Florida lawmaker, R-Fort Lauderdale. Only
one of the following bills was ever heard by a committee and was voted on, but it was
ultimately defeated:
Year: 2000 Bill: SB 1964/HB2013 What it would have done: Repealed arbitration, giving back
rate making power to elected insurance commissioner. Remove one third of the FWUA's
policies to remove threat of FWUA surcharges (assigned risk); develop public computer model;
shrink FWUA boundaries in Broward, Miami-Dade and Palm Beach and redraw the line at US I;
change FWUA board to include more consumers representing banking, real estate and other
interests. Sponsors: Rep. Carlos Lacasa, R-Miami, Rep. Rudy Garcia, R-Hialeah; Sen. Ron Silver,
D-North Miami Beach.
C:\UbrOfy\f\COMH Windstorm legislative Notes
Year: 2000 Bill: SB I 44/HB 2013 What it would have done: Repeal arbitration. Sponsors: Rep.
John Rayson, D-Pompano Beach; Sen. Ron Silver, D-North Miami Beach. *Law actually passed
in Senate insurance committee by vote of 7: I but was never heard in Senate Agriculture
committee.
Year: 1999 Bill: SB2424/HB799 What it would have done: Repeal arbitration; ban insurers from
charging homeowners a higher hurricane deductible on wind claims not directly caused by an
officially named storm; establish mitigation discounts for mobile home tie-downs (later passed
as separate bill); set up process for FWUA takeouts (assigned risk). Sponsors: Co-sponsors:
Year: 1999 Bill: SB2082/HB609 What it would have done: Repeal arbitration. Sponsors: Sen.
Buddy Dyer, D-Orlando; Rep. Ken Gottlieb, D-Miramar
Year: 1998 Bill: SB I 478/HB3827 What it would have done: Assigned risk; cut rates by 15
percent, give full discounts for shutters, reduce emergency assessments for mega-storm.
C:\library\fl(0MH Windstorm Legislative Notes
The Miami Herald
Hurricane insurer passes risk to insured
Oeductib/es up, payouts down
BY BARBARA De LOLLIS,
August 21, 2000
The next time a major hurricane hits South Florida, the region will be punished economically as homeown-
ers scramble to pay higher deductibles while insurers make lower payouts on damage.
After Hurricane Andrew in 1992, insurance money flowed freely as homeowners rebuilt homes, bought
new furniture and replaced damaged cars. Because of generous payouts, the storm became known as
'" Saint Andrew." That won't happen after the next storm.
Since Hurricane Andrew, the state's insurance industry has used its influence in Tallahassee to shift the bur-
den of its most threatening risk -- hurricanes -- onto Florida policyholders. It has done so largely through
the state-created Florida Windstorm Underwriting Association, which now insures more than 400,000
coastal property owners against hurricane damage from wind. Flood losses are covered separately.
Created in 1970 by the state Legislature, the FWUA sells hurricane insurance in areas where private insur-
ance companies refuse to cover the risk. For two decades, the association wrote insurance primarily
along barrier islands, such as the Florida Keys. But after Hurricane Andrew, insurers dropped thousands of
policies throughout South Florida, and the FWUA became the insurer of last resort. Since Andrew, it has
been the primary source of hurricane insurance for anyone living east of Interstate 95 and U.S. I.
CONTROL
The FWUA -- controlled by the insurance industry and increasingly criticized for its lack of consumer rep-
resentation n has implemented some of the most dramatic changes in the \'i~y ~Iorida homeowners are in-
sured. And those changes are stirring fears about the region's ability to recover from the next major catas-
trophe.
Most homeowners now have deductibles of 2 to 5 percent, rather than the $500 to $1,000 before Hurri-
cane Andrew. Substantial damage to a $150.000 home, for example, would require a homeowner to pay at
least $7,500 from his own pocket.
Most policies also no longer pay homeowners to replace damaged goods, such as furniture or appliances.
Instead, policies now pay the cash value of those goods. So a homeowner with a damaged 2-year-old refrig-
erator may get $300 rather than the full amount to cover the cost of a new one.
SOME MAY LOSE HOMES
With less protection, South Florida legislators fear that some people might default on their mortgages and
lose their homes, while others might abandon their property rather than struggle to rebuild.
'" People are just going to walk away from their homes," said Nancy McCue, a retired police officer who --
through the South Dade Community Council -- is organizing statewide opposition against the rate hike and
the FWUA, ,. not just because of their rate hikes, but because of the reductions in coverage."
C\libfanl'flC(\llJindstorm Herald Article c 0821 .2000
Pagel
The Miami Herald
Hurricane Insurer passes risk to insured
August 21, 2000
Fed up with the rates, Sylvia Scott canceled the windstorm insurance on her $125,000 townhouse in North
Miami Beach two months ago, She rationalizes the gamble this way: Her canal side unit is more at risk of
flooding than destruction by a hurricane's wind. She's angry at the insurance industry. "They just don't
want the responsibility," said Scott, a retired mortgage broker. "They want to take your money, but they
don't want to be responsible."
THE ONLY WAY
But insurers say that the FWUA, even with its high rates, is the only way to provide insurance for many
property owners. "We don't think the hurricane risk is fully insurable in the voluntary market," said
Barry Thomas, an FWUA board member who oversees State Farm's homeowners business in Florida. State
Farm is the state's largest property insurer.
"Even as large as State Farm is today, there are storms out there that certainly can be larger than Andrew,
and we saw what Andrew did," Thomas said. "That's our business to take the good with the bad, but at
some point, based on what we've seen, there is a limit. And we do not want to put ourselves in a position
of not being able to pay claims."
ANDREW'S LOSSES
In 1992, Andrew caused $16 billion in insured losses, becoming the nation's costliest disaster, It woke up
insurance companies to the fact that they had underestimated their exposure in South Florida for years, us-
ing homeowners insurance as bait to sell other products. The industry has spent the rest of the decade
playing catch-up.
Eleven insurers were bankrupted by Andrew, 90,000 people were stranded without insurance, and major
insurers vowed to cancel thousands of policies. The state also had to pay $500 million in claims from the
bankrupt companies. With insurers backing away from Florida, changes were needed to avert a full-blown
insurance crisis. Some South Florida lawmakers say they have had no choice but to give in to some of the
industry's demands.
Sen. Steve Geller. the Pembroke Pines Democrat who voted for some of those concessions, thinks Florida
gave too much away partly because the industry bought i ',elf influence in the Legislature and partly because
of the circumstances. "We went too far," he said. "The Industry felt they had us in a situation where they
could whip up a crisis and take advantage of it."
DEFEATED BILLS
With insurers threatening to leave, Florida lawmakers passed a succession of laws that benefited insurance
companies. South Florida Democrats have tried to push the pendulum the other way, but all their bills have
been defeated in key insurance committees.
Two laws dramatically changed the way rates are set in Florida, making it one of the most favorable states
for insurers to obtain increases, according to the National Association of Insurance Commissioners. In
1995, lawmakers let insurance companies use industry-developed computer models to determine hurricane
rates. Previously, companies based premiums on an average of storm losses from the last 30 years.
In 1996, lawmakers voted to let insurance companies appeal rate decisions made by the elected insurance
commissioner. If the insurance commissioner denies a rate hike, companies can now appeal to a three-
member arbitration panel made up of people with no ties to the state. Before the law was changed, the
commissioner had the final say in all rate disputes.
C:\Ubrary\fKC\llJindstorm Herald Article c 0821.2000
Page 2
The Miami Herald
Hurricane insurer passes risk to insured
August 2/, 2000
Today, Florida's insurance commissioner is essentially powerless to reject the massive increases called for
by the computer models.
Other key changes:
.
Allowing insurers to cancel the hurricane portion of thousands of homeowners policies in coastal areas.
.
Raising hurricane deductibles to unprecedented levels.
Automatically assessing property owners throughout the state for the FWUA's catastrophic losses. If
the FWUA loses money, every person with a property insurance policy in Florida will help pay the
losses.
.
The insurance industry always has been a powerful entity in Tallahassee, fueling legislative campaigns with as
much as $700,000 a year in political donations, according to campaign filings from 1998. Republicans typi-
cally get two or three times as much from the industry as Democrats.
The changes in Tallahassee led to the recent growth of the FWUA, now virtually the only licensed insur-
ance company writing windstorm coverage east of Interstate 95 in Broward and Miami-Dade.
Only a few companies currently offer wind insurance, such as Southern Family, a midsize Tampa company
created just four years ago that has been soliciting condominium owners in recent months. About the only
other option for consumers is unlicensed insurance companies -- so-called "excess and surplus lines" --
which consumer advocates say pose another threat for Florida. These companies are not backed by Flor-
ida's insurance guarantee fund, which was used to settle claims of bankrupt companies after Andrew.
The Legislature created the FWUA in 1970, a decade after Hurricane Donna ravaged the Keys and made
history as one of Florida's most destructive storms. Donna crossed the peninsula, exiting Florida just north
of Daytona Beach the next day, then headed north along the coast, eventually causing $90 million in losses
and 50 deaths.
CURBING CRISIS
The FWUA's creation helped avert a mortgage crisis in Monroe County, where people were having diffi-
culty buying windstorm insurance throughout the I 960s.
Insurance companies were put in charge of the FWUA, and they initially were responsible for handling any
losses. But a law in 1997 put the burden of paying for catastrophic losses directly on the state's 5,4 million
residential policyholders. Insurers can pass assessments directly to policyholders across the state --
whether they are hit by a hurricane or not.
Before the law was changed, the association's members shared in the pool's profits and losses. The compa-
nies couldn't charge customers, because state law prohibits them from recouping past losses with current
rate increases.
"It's an oxymoron of the operation today that the windstorm pool is run by insurance interests and yet
the assessment potential and the rate increases are totally on the people of Florida," said Rep. John Cos-
grove, the Democrat from Miami who is running for state insurance commissioner. .. No wonder the con-
sumers get screwed on this thing."
C:\J..ibrarv\fKC\llJindstorm Herald Article c 0821 .2000
Page 3
The Miami Herald
Hurricane insurer passes risk to insured
August 2/, 2000
But several board members who represent the insurance companies disagree. "We really don't lose sight
of the consumers even though some of the issues may not appear to be favorably slanted that way," said
State Farm's Thomas. "We do have a business to manage and to make sure [insurance] is priced properly."
And Robert Jarratt, the chief executive of Florida Farm Bureau Casualty Insurance and the FWUA's board
chairman, notes that members are responsible for considering more than just FWUA customers. "We're
trying to be as fair as we can to policyholders in the wind pool and consumers outside the wind pool who
also have to pay if there's a storm," he said. "I think we're trying to balance it out from both sides."
EXPANSION
The association, which historically covered beach front slivers of coastal counties, mushroomed after An-
drew, especially in Miami-Dade, Broward and Palm Beach.
"We had no choice," said Jim Taintor, a Key Biscayne insurance agent who successfully lobbied then-
Insurance Commissioner Tom Gallagher to expand the windstorm pool to include his coastal community.
"The people had no place to go. The companies didn't care. As long as the address said Dade County, the
non renewal notice was going out."
Today, the FWUA board controls rates and coverages for 427,000 mostly middle-class Floridians. Two of
every three customers live in the counties of Broward, Miami-Dade, Monroe and Palm Beach. The indus-
try values the FWUA because it allows the state's insurers to get out of handling risky business. It's no se-
cret on Wall Street, where analysts keep a close eye on the hurricane exposure of insurance companies,
"Why would they want to take that burden on when they can take a piece of business, write everything
but the wind and make a profit on that?" said Anthony Diodato, an A.M. Best analyst who rates insurance
companies, including members of the windstorm association. . State Farm would rather deploy that capital
in Nebraska, where they could take less of a chance of making a profit," said John Andre, who oversees rat-
ings of property casualty insurers for A.M. Best.
AVOIDING RISK
Through the FWUA, insurers have successfully shielded themselves from their most dangerous risk of all --
major hurricanes in densely populated regions -- while clinging to lucrative business. State Farm, for in-
stance, can continue to sell life insurance, long-term-care coverage and protection for automobiles, boats
and businesses while avoiding the hurricane risk to homes.
Through the FWUA, the industry tried things it had never attempted before, such as raising hurricane de-
ductibles from $SOO to 2 percent or higher. Insurers then used such victories to win similar changes in
other hurricane-prone states along the Gulf of Mexico and Atlantic Ocean -- in addition to inland South
Florida.
For now, people are living with the FWUA. They have no choice. But they live in fear.
Real estate broker Pradel Vilme says the coming rate hike has the potential to throw many struggling
homeowners who live east of Interstate 95 into financial chaos. Vilme sells homes priced from $60,000 to
$200,000 in the North Miami area. Many of his clients are Haitian immigrants who can afford to buy homes
only by pooling two or three incomes. The extra expense could break their budgets. "Even $50 a month
difference will make a big impact," said Vilme, a broker with MVP Realty of North Miami. "You will have
homes foreclosed upon."
C:\l.ibrCll'y'K0Windstorm Herold Frtlcle c 0821 .2000
Pogo 4
THE MIAMI HERALD
INSURANCE INDUSTRY APPOINTEES CONTROL
RATES AND COVERAGE
Monday, August 2/, 2000 Section: Front Edition: Final Page: 9A
BY BARBARA De lOLLIS, bdelollis@herald.com
Memo: THE INSURANCE STORM; See FWUA BOARD MEMBERS at end of text
Most of the 15 people who decide how much homeowners pay for hurricane insurance and how much
protection they receive are employed by insurance companies that don't want to deal with hurricane
risk.
A third of those people do not live in this state.
The board of directors that guides the Florida Windstorm Underwriting Association has been con-
trolled by the insurance industry since the state created it 30 years ago, even though consumers are
now responsible for paying its catastrophic losses. Made up of 12 industry and three consumer repre-
sentatives, the board gathers at least three times a year, sometimes at upscale resorts like Marriott's
oceanfront Casa Marina Resort in Key West. But the board's lopsided composition has long infuriated
regulators, South Florida legislators and at least one board member.
"The FWUA's faceless because there's nobody you can point your finger at," said Miami lawyer Manuel
Diaz, one of the FWUA board's three consumer members, who was appointed by Insurance Commis-
sioner Bill Nelson. "Who are you going to blame? State Farm, Allstate?" Diaz, in fact, said last week
that he plans to resign out of frustration. .. You have to do the right thing by the organization, but you
have to be sensitive to the people you serve," he said. '.: never saw that with insurance industry repre-
sentatives. I saw an attitude of: We come here, we vot" it's a 200 percent increase, then I fly back to
wherever I fly back to. And the citizens of Florida are stuck with us."
State Sen. John Cosgrove, D-Miami, successfully advocated adding three consumer members to the
board in 1997 after the state's residential policyholders became responsible for paying the FWUA's
catastrophic losses. Other attempts to diversify the board - including legislation endorsed earlier this
year by the insurance commissioner - have been swiftly defeated in the legislature. "We do have a
significant amount of input from consumers," said Barry Thomas, State Farm's representative on the
board. "We get a good balance even though it is slanted with insurance companies." The FWUA's ex-
ecutive director, Rebecca Fussell, referred calls to Ron Natherson, the association's spokesman. He
said that consumers are represented fairly on the board, but that if any changes are to be made, they
must be requested by the legislature.
The board has a history of operating privately, and once came under investigation. Five years ago, the
state attorney general's office investigated the FWUA board for alleged price fixing, but it ultimately
dropped the case because of a loophole in antitrust law that exempts insurers. "Normally. people
getting together in a room and talking about their pricp< is illegal, but that's not the case for the insur-
ance industry," said Trish Conners, chief of the attomey general's antitrust section. "We drew the
C.\LibrarvIACC\Windstorm Herald Article 08212000
THE MIAMI HERALD Monday, August 21, 2000
INSURANCE INDUSTRY APPOINTEES CONTROL RATES AND COVERAGE
conclusion that it might be difficult litigation to win. But doing the investigation caused them to be a lit-
tle bit more careful." Six years ago, then-Insurance Commissioner Tom Gallagher rebuked the board
for violating state government-in-the-sunshine and public records laws. Ultimately, the board began
complying with state law.
In a year of strained relations with regulators, it comes as little surprise that staff members in Nelson's
office characterize the board as arrogant. "There are inherent conflicts of interest that make it impos-
sible for you to serve two masters," said Kevin McCarty, the Insurance Department's deputy director
of insurer services. "With that, you're always going to have problems. That's what accounts for the
perception of arrogance." He added, "It's not just a playground for mid level company executives.
They are touching the lives of hundreds of thousands of Florida homeowners." In June. McCarty set-
tled a civil lawsuit against one association member. Bankers Insurance Group of St. Petersburg, filed af-
ter a criminal investigation revealed that Bankers was probing his personal life in an attempt to get him
fired. McCarty's telephone was illegally tapped by private investigators hired by Bankers. The insurer
agreed to pay him $2.6 million.
FWUA BOARD MEMBERS
* Vice Chairman John P. Lebens: Actuary, Travelers Indemnity. Tampa.
* Peter Corrigan: Vice president. Florida Family Insurance Co. Jacksonville.
* Joel Freedman: Lobbyist, Hartford Insurance. Hartford, Conn.
* Gary L. Heard: Vice president, Federal Insurance Co., subsidiary of Chubb. Warren, NJ
* Susan Heard: Vice president, Continental Casualty Co. Maitland.
* Robert Menke: Chairman, Bankers Insurance Co. St. Petersburg.
* Michael Kaylor: State officer and vice president, Nationwide Insurance Co. Based in Altamonte
Springs.
* Alan W. Krapf: Vice president, United Services Automobile Association. San Antonio. Texas.
* William A. Vainisi: Assistant general counsel, Allstate Insurance. Northbrook. III.
* Barry L. Thomas: Operations manager, State Farm Florida. Winter Haven.
* James E. Womble Jr.: Regional manager, Liberty Mutu ; Insurance Co. Gainesville, Ga.
CONSUMER REPRESENTATIVES
* Richard Berkowitz: Accounting firm Berkowitz Dick Pollack & Bryant. Miami.
* Elsie Crowell: Consumer advocate. Department of Insurance. Tallahassee.
* Manuel Diaz: Partner with law firm Coffey. Diaz & O'Naghten. Miami.
HOW MEMBERS ARE SELECTED
The governor and insurance commissioner each get to appoint a consumer representative. In addition.
the commissioner's consumer advocate automatically gets a seat.
The association's member companies select the remaining 12 members. with the number of votes
based on the percentage of overall policies written in Florida.
The insurance companies select employees to represent them. Unlike most other state-created
boards, the windstorm association does not require an application process or any sort of public disclo-
sure.
All content@ 2000 THE MIAMI HERALD and may 'lot be republished without permission.
All archives are stored on a SAVE (tm) newspaper library system from MediaStream Inc., 0 Knight-Ridder /nc. company.
C\librarv\ACC\W,ndstorm Herald Article 0821.2000
t-ROM: t-'ATRICIA H.OGERS-LI6ERT .3Ub.9.35.Z170 To: ERIC SOROKA
DATE; 9114100 TIME: 10;30: 12. PM
PAGE 2. OF 2.
flORIDA WIDNSTORM INSURANCE
REO.u.6~~~~~lffi]lE CHAN~
o Forbid insurance companies from setting rates exclusiveli,1 based on private computer
models that predict hurricane damage. Mandate that any model used be available for
review by the Insurance Commissioner and the public, and be replicable by the Stote
University system model.
o Discontinue the arbitration panel that the state employs to regulate rates, and restore
the veto power of the state's elected Insurance commissioner.
o Require Insurers which offer property, liability and/or windstorm in any area of Florida
to provide coverage to every area of Florida (e.g., cannot exclude Miami-Dode, Palm
Beach, Broward, and/or ather coastal counties).
. Give consumer representatives, rather than insurance industry representatives, a major-
ity on the board of the Florida Windstorm Underwriting Association, the state-created
hurricane insurer that is daubling and tripling prices for thousands of South Floridians.
o Require replacement value, not actual cosh value, os 0 stripped dawn coverage.
· Provide 0 credit for having Rood insurance and other coverage if FWUA provides for on
offset from other coverages; in addition, provide 0 credit on other insurance premiums
for having windstorm insurance.
o Provide substantial realistic credits for mitigation of loss (e.g., shutters).
. Cleorlv define what windstorm, property, and other Insurances, actuallv cover, and iden-
tifl,l potential overlaps and/or exclusions due to other insurances.
MEDIA RELEASE
P~i~C 1 o(
MEDIA RELEASE
February 3, 2000
NELSON REACTS TO ARBITRATION DECISION RAISING RATES
"This is the Armageddon
wale
been predicting. . . , " he says.
TALLAHASSEE -- Reacling to an arbitration panel's approval of a giant Insurance rate hike on coastal
homeowners, Florida Treasurer and Insurance Commissioner Bill Nelson today called for abolishing the
arbitration system.
Nelson said the panel's decision to grant a statewide average rate hike of nearly 100 percent in wind
coverage for residents along the state's coast is exactly why lawmakers need to enact a measure to return final
rate-setting authority to the elected commissioner.
Nelson has proposed such a measure for consideration by the Legislature, when it convenes for its annual
two-month legislative session in Tallahassee this spring.
By a 2-1 vote Thursday, a three-member arbitration panel overturned Nelson's rejection of the rate hike
sought by an insurance industry pool that offers wind only coverage to some 450,000 Florida residents. The
so-called Florida Windstorm Underwrrtlng ASSOciation appealed Nelson's rejection, however, and won a
phased-In 96-percent average rate hike.
"This is the Armageddon we've been predicting under an arbitration system that allows companies to go
around the people's elected commissioner," said Nelson, who previously sought legislative repeal of arbitration
and even went to court in an effort to prevent Thursday's decision.
MEDIA RELEASE
P~I~L ] ui
MEDIA RELEASE
February 9, 2000
NELSON ASKING JUDGE TO THROW OUT RATE HIKE
Arbitration
paneif
approval of huge windstorlT' hike took too long
Tallahasseee - Florida Treasurer and Insurance Commissioner Bill Nelson today IS asking a Judge to throw
out last week's approval by an industry-dominated arbitration panel of a 96-percent windstorm pool rate hike.
The increase would affect some 450,000 Florida homeowners - with hikes ranging as high as about 268
percent in parts of Dade County and 380 percent in Santa Rosa County.
At issue is the arbitration panel's approval of a rate hike requested last July by the
Florida Windstorm Underwriting Association (FWUA). Nelson rejected the rate hike as
"arbitrary and unconscionable" and even went to court in December seeking a hearing
on the fairness of the computer models used to determine the size of the rate request.
. Court Motion
Although Nelson cannot appeal the arbitration panel's decIsion under Florida law, he's asking a Leon County
Circuit judge to stop the rate hike from going Into effect based on what he termed a significant error.
Simply put, the panel had 90 days under the law to hear and decide the FWUA's appeal of Nelson's rate
reJection. But the mailer took nearly SIX months.
"I'm going to use every legal means I can to protect Florida homeowners from thiS unconscionable rate hike,"
Nelson said today.
Nelson also is urging that homeowners call their local legislators to support a bill he's offered to abolish the
arbitration system that he says wrongly takes rate-making decision out of the hands of the elected insurance
regulator.
In addition to abolishing the arbitration panel, Nelson's proposed legislation would authOrize the Department of
";surcmce and state !.:'l;'/ersity system to develop computer mtJde!< 'h?t 'I,"ouirj be more comprehensive than
those currently used by the insurance Industry. It would also require consumer ana non-Insurance Industry
representation on the FWUA board.
Further, the proposal would significantly reduce the windstorm pool population by requIring some of the state's
larger private homeowner insurers to accept a share of the poliCies.
The legislalion is being sponsored by state Sen. Ron Silver, D-North Miami, and state Reps. Rodolfo Garcia,
R-Hlaleah, and Carlos Lacasa, R-Miami.
FWUA Complaint
Pa:;c 1 of:\
IN THE CIRCUIT COURT OF THE
SECOND JUDICIAL CIRCUIT. IN
AND FOR LEON COUNTY. FLORIDA
STATE OF FLORIDA,
DEPARTMENT OF INSURANCE,
Plaintiff.
v. CASE NO. 00-345
FLORIDA WINDSTORM UNDERWRITING
ASSOCIATION,
Defendant.
AMENDED COMPLAlriIANDMOT10N :rOYAC,,-IE ARBITRATION AWARD
COMES NOW Plaintiff, STATE OF FLORIDA. DEPARTMENT OF INSURANCE (Department), pursuant to
Sections 627.062(6)(b), 682.13 and 682.17. Florida Statutes, by and through underSigned counsel, and moves
this Court to enter an Order vacating the Arbitration DeciSion In Florida WindSTOrm UllcJEliWriting Assocli3Jiorl.,Y
State of FlorldaL,[)epartment of Insurance. Case No. 33 195 00197 99. dated February 3. 2000. As grounds
t~.ert;i<:-'- - :r:e ~Ic:partment SlateS that
1. The Arbitration DeciSion which is the subject of thiS Motion arose from a Demand for Arbitration by the
Florida Windstorm Underwriling Association (FWUA) filed on or about July 30, 1999, pursuant to Seclion
627.062(6). FlOrida Statutes, and Part IV of Rule Chapter 4-170, Florida Administrative Code.
2. The Demand for Arbitration was made With regard to the FWUA's April 30, 1999, rate filing seeking a 96
percent average statewide rate Increase. A Notice of Intent to Disapprove the filing was Issued by the
Department on July 16,1999.
3. Seclion 627.062(6), Florida Statutes, authorizes insurers to require arbitration in lieu of demanding a
hearing under Section 120.57, Florida Statutes, after any action With respect to a rate filing that constitutes
agency action under the Administrative Procedure Act.
4. Section 627.062(6)(b), Florida Statutes requires arbitration to be conducted pursuant to the provisions
of Sections 682.06-68210, Florida Statutes, and further requtres the Department to adopt rules for arbitration
under its provisions.
5. Section 627.062(6)(b) also authOrizes either party to a rate arbitration to apply to the Circuit Court to
vacate an arbitration decision pursuant to Section 682.13, Florida Statutes. The Arbitration Panel herein
exceeded its authority in several material respects requlI 9 ItS Decision to be vacated.
I. UNTIMELY FINAL HEARING
6. Rule 4-170.127(2), Florida Administrative Code, adopted as required by Section 627.062(6)(b), Florida
Statutes, provides as follows:
FWUA Complamt
Page.2 of :)
Unless otherwise stipulated by the parties with the consent of the arbitration panel,
the final hearing shall be held no more than sixty (60) days after the date that the
initial Demand for Arbitration was filed.
7. In the above-referenced matter, the Initial Demand for Arbitration was filed on or about July 30, 1999.
The final arbitration hearing was scheduled for January 10,2000 but did not commence until January 24, 2000,
178 days after the date the initial Demand for Arbitration was filed.
8. The Arbitration Panel therefore exceeded its authority in scheduling and holding the final hearing more
than 60 days after the date the initial demand was filed.
II. UNTIMELY DECISION
9. In addition to the requirement that a final arbitration be held no more than 60 days after the date the
initial demand is filed, Rule 4-170.135(1), FAC., requires the Arbitration Panel to file its final decision or award
within 30 days from the commencement of the final hearing. Thus, a final deCision must be made Within 90
days of the filing of the initial demand for arbitration.
10. Section 682.09(2), Florida Statutes, requires that an award be made within the time fixed by the
provision for arbitration unless extended by the parties by written agreement. Rules 4-170.127(2) and 4-
170.135(1), F.A.C., constitutes the provision herein, and no written agreement was entered into by the parties
to extend the time fixed by it.
11. Section 682.09(2), Florida Statutes, also requires that any objection to the timeliness of the award is
waived unless the objecting party notifies the arbitrators In writing of the objection prior to the delivery of the
award. At the time of the commencement of the final arbitration hearing, the Department timely filed an
Objection (a copy of which is attached to the original Complaint and Motion as Exhibit "A") to the arbitration
hearing and award as being untimely under the provisions of Section 627.062(6)(c), Florida Statutes, and
Rules 4-170.127 and 4-170.135, Florida Administrative Code. (See also Arbitration Hearing Transcript, pages
7 -9, which is attached to the original Complaint and Motion as Exhibit "6").
12. Notwithstanding the Department's objection, the final hearing was commenced 178 days after the
initial Demand for Arbitration and the award was made 188 days after the initial Demand.
13. On February 3, 2000. the a;oltration panel rendered its .!\ ~bi~;-~t~O!l ~~""!sjon (8 copy of which is
attached to the original Complaint and Motion as Exhibit "C"), stating, in part:
In compliance with Rule 4-170 et seq. of the ,:,orida Administr<Jtive Code, a hearing
was held before the Arbitrators at which evidence was presented by both parties
and considered by the Arbitrators.
14. Contrary to the arbitrator's statement in the Arbitration Decision, the arbitration was in fact not
conducted in compliance with Rule 4-170, in that the final arbitration hearing and award were untimely.
15. The Fourth District Court of Appeal has addressed the issue of the effect of rendition of an arbitration
award after expiration of the period established by contract or rule within which the award was required to have
been rendered in ISlienfelter \I._Ame[ican ErT1QIQ'i~slnsurance_Corr1Q"ny, 438 So.2d 864 (Fla. 4'h DCA 1983).
In Klienf~ter, the Court held that ".. .the arbitrators acted too late and had no jurisdiction at the time the award
was rendered. The trial court thus erred in refusing to vacate the award, and we reverse on that basis..." le1. at
864.
16. Just as in Kliente!!E!LJhe arbitrators herein exceeded their powers by proceeding outside the time
period set forth in Rule 4-170.127(2) and Rule 4-170.135(1), FlOrida AdmInistrative Code, and their DeCIsion
should therefore be vacated.
III. HEAR.if'Y
17. Rule 4-170.131(6), FAC., provides that "[h]earsay may be used to supplement or explain other
evidence, but shall not be sufficient in itself to support a finding, unless the evidence would be admissible over
objection in a civil action."
FWUA Complaint
Pa~e } 01 .:;
18. The FWUA's rate filing and the rate approved by the Arbitration Decision, were based upon the output
ranges, i.e., IDss CDsts, allegedly prDduced by five different cDmputer mDdels. ThDse IDss CDStS are allegedly
the estimated annual average IDsses frDm hUrricanes fDr a $100,000 hDuse with a 1 percent deductible. ND
Dne from any Df the mDdelers whD participated in the creatlDn Df thDse IDSS cDStS testified cDncernlng their
creatiDn Dr appeared fDr the purpDse Df authenticating them. Thus, the IDss CDStS introduced by the FWUA
were hearsay.
19. The IDSS CDStS were allegedly Dbtained from the FIDrida CDmmissiDn Dn Hurricane LDss ProJectiDn
MethDdDIDgy (the "CDmmissiDn"), but nD certified cDpies Df the IDss CDStS were introduced during the arbitratiDn
proceeding. They were nDt created by the CDmmisslDn nor were they adDpted by it as required by SectiDn
627.0628(3)(d), FIDrida Statutes. In additiDn, the CDmmissiDn tD date has nDt made a finding pursuant to
SectiDn 627.0628(3)(c), FIDrida Statutes, regarding the accuracy and reliability of thDse loss costs.
20. The IDSS costs submitted tD the Arbitration Panel were not submitted for the purpose of supplementing
Dr explaining other evidence. Rather, they fDrmed the very basis upon which the rate increase sDught by the
FWUA and approved by the Panel was fDunded.
21. Because the IDss CDStS were not admitted merely to supplement or explain Dther evidence but were
themselves the support fDr the Arbitration Panel's declsiDn, and because they are hearsay not subject to any
exceptiDn, the Panel's decisiDn exceeded its authority. The part Df the decision that approved the rate
requested by the FWUA ShDUld therefore be vacated.
IV. FINDINGS OF THE COMMISSSION
22. The Arbitration Panel further exceeded the sCDpe Df its authority by admitting into eVidence models
and DUtPUt ranges, i.e., IDss CDStS, nDt fDund by the CDmmisslon tD be accurate and reliable contrary to SectiDn
627.0628(3)(c), FIDrlda Statutes. SectlDn 627.0628(3)(c) gDverns the relevancy and admissibility Df mDdets,
IDSS CDsts and findings Df the Commission in rate arbitrations.
23 The FIDrida Legislature fDund in SectiDn 627.0628(1 )(a) that "[r]eliable projectiDns Df hurricane losses
are necessary in order tD assure that rates fDr residential property insurance meet the statutDry requirement
that rates be neither excessive nor inadequate." It further found that the "ability tD accurately project hurricane
IDsses has been greatly enhanced in recent years thrDugh the use Df cDmputer mDdeling."
24. Recognizing trp r",rj for expert '?lfalu8tion of comouter models in order to resolve conflicts '="ll1ong
actuarial professionals, the Legislature created the FlOrida CommisslDn Dn HUrricane LDss PruJectlon
MethodolDgy (hereinafter the "Commission") as a panel cf experts to provide the most actuanally sophisticated
guidelines and standards possible for the projection of hi. Ticane IDsses. SectlDn 627.0628(1 )(b)&(c), FIDrlda
Statutes.
25. The CommisslDn IS required tD, "frDm time to time," adopt findings as to the accuracy Dr reliability of
particular models, i.e. computer mDdels, and DUtPUt ranges, i.e. IDss CDStS. SectiDn 627.0628(3)(a), FIDnda
Statutes. The Legistature authorized insurers tD employ computer mDdels or IDss CDStS in rate filings fDund by
the Commission tD be accurate Dr reliable. HDwever, the Legislature specifically prDvided that only thDse
hUrricane IDss factors resulting from models and DUtPUt ranges specifically fDund by the CommissiDn to be
"accurate or reliable" tD determine such factors are admissible and relevant in any rate arbitratiDn. Section
627.0628(3)(c), FIDrida Statutes.
26. The recDrd of the arbitration In question contains no finding by the Commission that any Df the
cDmputer mDdels used, or that the loss CDStS derived from them, are accurate and reliable. AccDrdingly, those
models and loss costs were inadmissible and the ArbitratiDn Panel exceeded its authority by admitting the
same intD evidence contrary tD the express directiDn of the Florida Legislature.
27. The FWUA will no doubt respDnd that the Commission has found five computer mDdels tD be
"acceptable" pursuant to Section 627.0628(3)(d), FIDrida Statutes. Even so, the FWUA did not employ any of
thDse mDdels. Rather they used IDss CDStS that the CDmmlssiDn had nDt adDpted or fDund to be accurate,
reliable, Dr even acceptable.
28. While Section 627.0628(3)(d) required the CDmmission to, no later than July 1, 1996, "adopt revised
actuarial methDds, principles, standards, models or output ranges which include specification of acceptable
computer mDdels or output ranges derived from cDmputer mDdels", the Legislature did not authorize the use by
Insurers Df cDmputer mDdels or DUtPUt ranges, i.e., loss costs, found merely tD be "acceptable" by the
FWUA Co.mplaint
Page 4 0. r 5
Commission. The usage and consequent admissibility of those computer models, etc., was expressly limited by
the Legislature to those found by the Commission to be accurate and reliable.
29. "In statutory construction, case law clearly requires that legislative intent be determined primarily from
the language of the statute.... The reason for this rule is that the Legislature must be assumed to know the
meaning of the words and to have expressed its intent by the use ot the words found in the statute." ~,R.G..
Corpor~tioo.Y,.Dgp_artment ofB.tl~enue, 356 So.2d 687,689 (Fla. 1978) "The leglslalive use of different terms
in different portions of the same statute is strong evidence that different meanings were intended." ~~te_-'L
Mark Mark~, 698 So. 2d 533 (Fla. 1997).
30. The plain and ordinary meaning of the words "accurate" and "acceptable" clearly express separate and
distinct concepts. The use by the Legislature of these two different terms in different parts of the same statute
in association with different time frames clearly indicates that the Legislature intended different meanings and
different consequences.
31. The Legislature has defined the role of the Commission and has defined what actions of the
Commission support the use of computer models or loss costs in rate filings and what actions of the
Commission are relevant and admissible in any arbitration. It is only those computer model etc. found accurate
or reliable by the Commission, and those findings, that may be used in rate filings and rate arbitrations. Section
627.0628, Florida Statutes. As stated in Gav v. Sinqleton, 700 So.2d 1220, at1221, (Fla. 1997), "under the
doctrine of Inc/uslo unius est excluslo, when the law expressly describes the particular situation in which
something should apply, an inference must be drawn that what is not included by specific reference was
intended to be omitted or excluded." Therefore, neither a finding that a model or loss costs is "acceptable", nor
the models or loss costs subject to such a finding, are relevant and admissible in a rate arbitration. The
Arbitration Decision should therefore be vacated.
V. INVALID EXERCISE OF DELEGATED LEGISLATIVE AUTHORITY
32. The Commission's findings that the computer models in question are "acceptable" are an invalid
exercise of delegated legislative authority and therefore the Arbitration Panel was without authority to consider
the models, loss costs, and finding of the Commission, in the instant arbitration.
33. Section 120.52(1)(b)4, Florida Statutes, provides that agency means "Commission, including the
Commission on Ethics and the Wildlife Conservation Commission when acting pursuant to statutory authority
derived from the legislature." (Emphasis supplied). The Commission, as a state "commission" exercising
authority derived from the legislature clearly falls within the plain and unambiguous terms of the definition of
agency and has previouslv bepn held 'c) be an agency by the Division of Administrative Hearings in
OtlPerlmenI ofJrJ,;urance v, i-lorlda C.9mm.l,;sion on Hurricane Loss Prolection MethodqlQ9)l, DOAH Case No.
97-002912.
34. As an agency, the Commission is required to adopt its rules pursuant to the provisions of the
Administrative Procedure Act (hereinafter the "APA"). Section 120.54(1 )(a), Florida Statutes. Section 120.52
(15), Florida Statutes, defines a rule as:
each agency statement of general applicability that implements, interprets, or
prescribes law practice requirements of an agency and includes any form which
imposes any requirement or solicits any information not specifically required by
statute or by an existing rule.
35. The Commission's Process for Determining the Acceptability of a Computer Model is a compilation of
statements of general applicability designed to implement and interpret Section 627.0628 and to describe the
policy, procedures, and practice requirements of the Commission. It also includes forms that require and solicit
information not specifically required by statute or existing rule.
36. Thus, the Commission's acceptability process is a compilation of rules as that term is defined in
Section 120.52(15). None of the rules were promulgated in compliance with the requirements of the APA. The
failure of the Commission to comply with APA renders its process, including the standards that all models must
meet in order to be deemed acceptable, an invalid exercise of delegated legislative authority. Section 120.52
( 8)(a), Florida Statutes.
37. Inasmuch as the Commission's standards are void as an invalid exercise of delegated legislative
authority, the determinations of acceptability relied on by the FWUA were without force and effect in the
arbitration proceeding.
httD:l/www.doi.state.flus/rnmllmprsl A ]prts/Prpss!")nnnlfwn" enrrm hIm
Qnl1nn
FWUA Complamt
P~lgC :=; (J( ~
38. The Arbitration Panel in admitting and considering the models, loss costs, and findings of the
Commission exceeded its authority as defined by Section 627.0628(3)(c), particularly In light of the fact that the
Commission has made no findings regarding the loss cos;s supporting the Panel's DecIsion. The Arbitration
Decision should therefore be vacated.
39. This Court has jUrisdiction to vacate this decIsion pursuant to Section 682.13, Florida Statutes, which
provides, in part:
(1) Upon application of a party, the court shall vacate an award when..
(c) The arbitrators or the umpire in the course of her or his Jurisdiction exceeded
their powers.
WHEREFORE, the Plaintiff respectfully moves this Court to enter an Order vacating the arbitration decision
in Eh:>rida Windstorm Underwritinq AssQciaJioQ_v,_~tate-"ffOloridaJl"2"rtmenLQfJnsurance, Case No. 33 195
0019799, dated February 3, 2000, and granting such other relief as IS deemed appropriate by this Court.
Respectfully submitted,
STEVEN H. PARTON
Fla. Bar No. 0188357
MICHAEL H. DAVIDSON
Fla. Bar No. 191637
JEFFREY W. JOSEPH
Fla. Bar No. 0898945
Florida Department of Insurance
612 Larson Building
200 E. Gaines St.
Tallahassee, FL 32399-0333
(850) 413-4274
Attorneys for Plaintiff
CEBII EI CATJO_QL ~E8VI~E
I HEREBY CERTIFY that a copy of the foregoing Amended Complaint and Motion to Vacate Arbitration
Decision was furnished via hand delivery and U.S. Mail to: John Radey and David A. Yon, Katz, Kutter,
Haigler, Alderman, Bryant & Yon, P.A. P.O. Box 1877, Tallahassee, FL 32302, this 8thday of March, 2000.
STEVEN H. PARTON
http://www.doi.state.f1.11s/ConSllmers(~lerts/Press/2000/fwllacomo.htm
~!31WI
MEDIA RELEASE
Page 1 of 2
MEDIA RELEASE
June 23, 2000
NELSON ISSUES CEASE AND DESIST ORDER
TO BLOCK HUGE INCREASES IN WINDSTORM RATES
Tallahassee -- Florida Treasurer and Insurance Commissioner Bill Nelson said today an industry-run
insurance pool is moving illegally to collect steeply-increased windstorm premiums from homeowners along
Florida's coasts beginning July 1, and ordered the insurer to "immediately cease and desist" Implementation of
the rate hikes.
"The insurance industry cannot cavalierly and unlawfully impose rates that
jeopardize Florida homeowners," Nelson said. "We will not permit any increases
until this issue is finally resolved in the courts."
. C()Qyof
court order
His cease-and-desist order is the latest development in a running dispute that
began more than a year ago when the Florida Windstorm Underwriting Association filed for rate increases
averaging 96 percent statewide and ranging up to 268 percent in Miami-Dade County and 380 percent in Santa
Rosa County In Florida's Panhandle.
Nelson rejected the rate hike last July, calling it "arbitrary and unconscionable" and citing ItS total reliance on
five industry-supported computer models that predict hurricane losses. But the FWUA appealed to an
appointed three-member arbitration panel, which on February 3 of this year overturned the insurance
commissioner's decision and approved the increases. The panel decided the rate hike should be phased in
over several years, beginning with a 20 percent increase this year and increasing by higher percentages in
later years.
Although Nelson could not appeal the arbitration panel's decision under Florida law, he was authorized by
law to ask a Leon County Circuit judge to stop the rate hike on the basis of significant procedural errors.
Nelson went to court on February 9, citing several errors Including the fact that the arbitration decision missed
the oeadllne prescribed In both the law and Florida administrative rules. The panel had 90 days to hear and
decide the FWUA's appeal of Nelson's rate rejection. But the matter took more than six months.
Circuit Judge Nikki Clark denied Nelson's motion last week Without addressing three of his five allegations n
including the 90-day requirement for arbitration panel decisions -- and Without hearing arguments on the merits
of the case. The Department of Insurance is currently seeking clarification of the Judge's ruling, a necessary
step before appealing it to the First District Court of Appeal here in Tallahassee.
While the legal battle continues, Nelson said in today's cease-and-desist order, the FWUA has no authOrity
to implement its rate hike.
"We notified the windstorm association last month that it could not proceed with the Increases, and that to do
so would violate the state insurance code," Nelson said, In announcing his latest action. "But they're thumbing
their nose at the law, the regulator, and their 460,000 policyholders all along FlOrida's coasts."
Florida law empowers the insurance department to order JOint underwriting associations, such as the FWUA,
to cease any activities inconsistent with the state Insurance code. Another section authOrizes the Insurance
commiSSioner to issue an "immediate final order" when there IS a danger to the publiC health, safety, and
welfare.
Noting that most FWUA policyholders have no access to alternative hurricane coverage, Nelson said In his
order that those unable to afford the increased premiums are at risk of haVing their present coverage canceled
for nonpayment. "In light of the allegations cited above ane '''e immediate risk to policyholders and the
insurance-buYing public," the order states, "it is determin8J hat the FWUA's July 1,2000 Implementation of the
rate filing, whereby the FWUA is reqUiring insureds to submit payments to which the FWUA is not entitled or to
lose hUrricane coverage, constitutes an immediate and continuing danger to the publiC health, safety and
welfare."
Nelson ordered the FWUA to cease and desist the rate-hike notices it began sending last month to
nttn /1",,,,,,. (1,,; c:'t.,t,. fll1<:,/('nnCllrY'lprc/ 0.. lc>rtc-lP...co('('i,nn,r,i..........nr;,1nn l~h""
Q'11'"r\
MEDIA RELEASE
Page 2 01'2
customers whose policies come up for renewal in July. He also ordered the association to inform policyholders
already notified of a rate increase that the notices were issued prematurely, their premiums will be adjusted to
restore their prior rate, and any overpayments will be refunded.
The FWUA, created in 1970 and greatly expanded after Hurricane Andrew, covers the wind risk in 29
counties along both Florida coasts. Of its 450,957 policyholders, 94,567 are In Miami-Dade County, 81,888 in
Broward, and 63,165 in Palm Beach. The association is comprised of all insurers who sell homeowners
policies in the state, and its board of directors is dominated by industry representatives.
The dispute over the FWUA's rate hike has unfolded as Nelson simultaneously sought legislation to reduce
the association's size and expand its board with additional consumer representatives. For the past several
years, he also has sought legislation to abolish the post-Andrew system that puts final rate decisions in the
hands of appointed arbitrators instead of the elected insurance commissioner. A powerful insurance lobby has
defeated each of those measures, but Nelson did win a $1.2 million appropriation in this year's session to
create a public computer model for predicting hurricane losses. The model will be developed at Florida
International University, with other state universities also participating in its development and use.
http://www.doi.state.fl.us/Consumers/Alerts/Press/200I)!or062300.htm
R/31/00
The Treasurer of the State of Flonda Department ofInsurance
Page I 01-+
The Treasurer of the State of Florida
DepanrnentofInsurance
Bill Nelson
IN THE MA ITER OF:
FLORIDA WINDSTORM
UNDERWRln~G ASSOCIA TJON
CASE NO: 00-35366
IMMEDIATE FINAL ORDER
- ---.---
TO: REBECCA FUSSEL ExeCUl1ve Director
Florida Windstorm Underwriting Association
7077 BonnevIlle Road, SUite 500
Jacksonville, Flonda 32216
YOU ARE HEREBY NOTIFIED tbat pursuant to the provISIOns of tbe Flonda Insurance Code, as Treasurer and
Insurance Commissioner for the State of Florida, I hereby make the following findmgs:
JURI~I)lCTIO'"
1 The Treasurer and Insurance Conunissioner, as head of:h~ DEPARTMENT of Insurance (hereinafter. the
"DEPARTMENT"), bas JurisdictIOn over the subject matter and of the parties herem. The DEPARTMENT IS an agency
created by Section 20.13, Florida Statutes, charged with the responsibllity of administering and enforcing the provisions
of the Florida Insurance Code, including the review of rate filings pursuant to Section 627.062, Florida Statutes.
2. The FLORlDA WINDSTORM UNDERWRITING ASSOCLA. nON (hereinafter, the "FWUA") is an entity
created by Section 627.351(2), Florida Statutes, m order to provide windstorm coverage to applicants from areas
determmed to be eligible who in good faith are entitled to, but are unable to procure. coverage in the voluntary market.
TIle F\VUA IS reqUlred by law to file any rate change or policy form change with the DEPARTMENT for review and
approvaL Further, the F\VCA is an association of Insurers which engages in joint undef\vriting, within the intent and
meaning of Section 627.311, FlOrIda Statutes.
SPECIf]~
FACTS
3. On April 30, 1999, the FWUA made a rate fihng with the DEPARTMENT pursuant to the "file and use"
provisions of Section 627.062. Florida Statutes. The rate filing sought a ninety~six percent (96(10) average statewide rate
mcrease.
4. On July 16, 1999, the DEPARTMENT issued a notice 0, Iltentto disapprove tbe FWUA's rate filing.
5. On July 30,1999, the FWUA filed a Demand for Arbitration pursuant to Section 627.062(6), Florida Statutes, in
lieu of ejectIng to pursue administrative proceedmgs under Sections 120.569 and 120.57, Florida Statutes.
6. On February 3, 2000, the arbitration panel rendered its DeCIsion and approved the FWUA's rate filing subject to
nttn'i/\,-,,\'wooi ,st;'lte tllls/tOnSllnlf'rs/ ~ lprts/Prf'SSnnnn/+"'ll~ ifn ntm
~t~ 1 in(\
The Treasurer ofthe State of Florida Department of Insurance
Page 2 ot.+
some modificatIOns. FWUA v,,~tate of Flollda, DepartIl1ent of Insurance, Case no. 33 195 00197 99.
7. On February 9, 2000, the DEPARTMENT filed a Complaint and Motion to Vacate the Arbitration DecIsion
pursuant to Sections 627.062(6)(b) and 682.13, Flonda Statutes, and amended the complamt on March 8, 2000.
8. Despite the proceeding to vacate the Arbitration Decision instituted by the DEPARTMENT, the F\\'UA on or
about May 11, 2000, began implementing the rate filing by mailing "Notices" advising those insureds whose policies
were subject to renewal on July 1, 2000, and thereafter, that theIr insurance was subject to cancellatIo:1 if the payment of
their new premium was not received by the due date.
9. By letter dated May 17, 2000, the DEPARTMENT notified the FWlJA that any attempt to implement the rate
filing prior to the completion of any proceedings and judicial reVIews regarding the filing would be in violation of the
Insurance Code.
10. The FWUA has failed to respond and, despite the DEPARTMENT's notification, continues to implement the filing
in violation of the Insurance Code,
II. By Order dared June15, 2000, the CIrCUit Court entered a non-final oider denymg the DEPARTMENT's request to
vacate the Arbitration Decision. The DEPARTMENT has sought clarification and reconsideration of that Order.
VIOLATION OF INSURAi'lCE CODE
-.-- - ------ --...-
12. The FWUA submitted Its rate tiling pursuant to the "file and use" proVisions of SectIOn 627.062(2)(a)I, Florida
Statutes. By definition a "file and use" filing may not be implemented during the DEPARTMENT's review or any
proceeding or judicial review. Section 627.062(2)(a)l, Florida Statutes.
13. The proceeding to vacate the ArbitratIon Decision instituted by the DEPARTMENT, and any judicial review of
that proceeding, are Within the meaning of the proceedmg and judicial review provisions of Section 627.062(2)(a)l,
Florida Statutes. The FWUA is, therefore. without authority to Implement the filing that IS the subject of the Arbitration
Decision until the proceeding to vacate and its judicial review are complete.
14. Despite the fact that all proceedings and judicial reviews regarding the FWUA's "file and use" filing have not been
completed, the FWUA has implemented and cominues to implement a new rate effective July 1, 2000, based on the
contested filing.
IMi\1]:I>IATE Q~GEB
15. Section 120.569(2)(n), Florida Statutes (formerly Section )20.59(3), Florida Statutes), authorizes the
DEPARTMENT to issue an immediate final order to a party when there exists an immediate danger to the public health,
safety and welfare.
16. Moreover, Section 627.311(2), Florida Statures, authorizes the DEPARTMENT to Issue a written order to any Joint
underwriting association when the activity of any such aSSOClatlO~ is inconsistent with Chapter 627 requiring the
discontinuance of any such activity.
17. The FWUA's implementation of its "file and use" filing in contravention of the "file and use" provisions of Section
627.062, Florida Statutes, is an attempt by the FWUA to obtain substantially increased premiums to which It is not
legally entitled in absolute derogation of its responsibility under Section 627.062(2), Florida Statutes. To the extent that
policyholders have already paid such renewal premiums, dir~ctly or through their mortgage lenders, FWUA has obtained
a benefit to which it is not legally entitled; by the same token, policyholders have incurred a detriment and will continue
to incur a detriment, i.e., the loss of their money and its use.
IS. By definition, FWUA insureds have no access to windstorm coverage other than through FWUA. Non-payment of
the increased premium will result in termination of coverage by the f\VUA. Consequently, FWUA insureds who fail to
pay will be left without hurricane coverage. The F\VUA Ilas placed those policyholders unable to afford the increased
premium at risk of cancellation for nonpayment, with no legal basis to do so.
19. In light of the facts and law cited above, and the immediate nsk to policyholders and the msurance-buymg publ1c,
it is determined that FWUA ' s implementation of the rate filing, whereby FWU A is requiring insureds to submit payments
httn:l/www.doi.state.fl.us/(.onsumers/A lerts/Pressl2000/fwua i fo htm
R n lIOO
The Treasurer ofthe State of Flonda Department ofInsurance
Page -' ot-l
to which the FWUA lS not entitled or to lose hurricane coveraee, constitutes an immediate and continumg dam!cr to 1hl.'
pu~lic health, safety, and welfare. - - -
CEASE AND DESIST
- -----
20. In light of the facts and law cited above, and the lmmejlate risk to poliC)'holders and the insuranc.:-buyrng public.
it is hereby detenmned that FWUA shall inunediately cease and desIst from the issuance of any further "Notice"
purporting to implement the rate filing subject to the Arbitration DeCISion In, Case no_ 33 195 00197 99 until all
proceedings and Judicial review regardmg that filing have been completed.
CORRECTIVE ACTION
21. Further, in light of the facts and law cited above, and the immediate risk to policyholders and the Insurance-buymg
public, it is hereby determined that in order to remedy the effects of the unlawful implementation of the rate Increase the
FWUA shall iITIDlediately correspond as necessary with those policyholders already issued a "Notice" purporting to
implement the rate filing subject to the Arbitration Decision in, Case no. 33 1950019799, advising such policyholders
that such "Notice" was issued prematurely, and adjusting the amount due and payable for renewal of the policy
accordingly.
WHEREFORE, IT IS ORDERED pursuant 10 Secllons 120.569(2)(n), 627.062(2), and 627.311(2), Flonda SlaMos.
and other applicable provisions of the Florida Insurance Code, that:
(a) The FWUA shall immediately cease and desist from the issuance of any further "Notice" purporting to implement
the rate filing subject to the Arbitration DeciSIOn m Case no. 33 195 00197 99 until all proceedings and judicial reVlews
regarding that filing have been completed.
(b) The FWUA shall immediately correspond as necessary with those policyholders already issued a "Notice"
purporting to implement the new rate filing subject to the Arbitration Decision in Case no. 33 1950019799, advising
such policyholders that such "Notice" was issued prematurely, adjusting the amount due and payable for renewal of the
policy accordingly, and refunding any difference due the policyholder.
:\QIICE-.9Ii'_RIGHT TO JUDIC:IAL RI::YIEW
AllY parry to thl:se proceedlllgs adversely affected by this Order IS entHkd to seek re\'I("w of UllS Order pursuant to
section 120.68, Flonda Statutes, and Rule 9.110, Fla.R.AppP. R"vlew proceedings must be mSlltuted by filmg a pellllon
or notice of appeal with the General CounseL acting as ~he Agency Clerk, at 612 Larson Building, 200 East Gaines
Street, Tallahassee. Florida 32399-0333, and a copy of the same with the appropriate dIstrict court of appeal within thirty
(30) days of rendItlOn of this Order.
DONE AND ORDERED thiS Vrd day of June_, 2000.
BILL
NELSON
Treasurer
and
Insurance
Commissioner
MEDIA RELEASE
Page I oil
MEDIA RELEASE
June 30, 2000
NELSON ASKS APPELLATE COURT TO RESTORE
HIS ORDER BLOCKING WINDSTORM RATE HIKE
Tallahassee - Florida Treasurer and Insurance Commissioner Bill Nelson today asked the First District
Court of Appeal to reinstate his order prohibiting an industry' run insurance pool from collecting steeply-
increased windstorm premiums from homeowners along Florida's coasts.
If that request is denied, Nelson asked that any premiums collected be turned
over to the court for safekeeping and that the court forbid cancellation of any
policies for nonpayment of the increase until the legal dispute over the rate hike is
resolved.
. DCA
resfl()n~e
The Florida Windstorm Underwriting Association has already sent out notices of rate increases averaging 96
percent statewide to take effect as policies come up for renewal beginning tomorrow, July 1. The increases,
which are to be phased in over the next few years, range as high as 268 percent in Miami-Dade County and
380 percent In Santa Rosa County in Florida's Panhandle,
Nelson rejected the rate hike last July, calling it "arbitrary and unconscionable" and citing its total reliance on
five industry-supported computer models that predict hUrricane losses. But the FWUA appealed to an
appointed three-member arbitrallon panel, which in February overturned the Insurance commissioner's
decision and approved the increases. Since then, Nelson has been waging a court battle to reverse the panel's
deCISion - contending that the arbitration process took twice as long as the 90 days allowed under Florida law
and administrative rules.
While the legal battle continues, the windstorm association has no authority to Implement its rate hike,
Department of Insurance lawyers said in today's response to the appellate court's decision last week granting a
stay of a "cease and desist" order issued by Nelson on June 23.
Should Nelson eventually Win hiS court battle, the court stay has "created the untenable result of unjustly
enriching the FWUA at the expense of its policyholders because the premiums being unlawfully collected are
nC" subject to retu:-n" under FioriJa's ;ns'Jrance code, the lawyers argued in the written res~:LJnSe. "C.'/LI' fTC. a
untenable IS the potential cancellation of poliCies caused by policyholders' inability to pay the substantial
additional premium required by the unlawful implementatlor' cf the dispute rate increase, compounded by the
fact that the FWUA is the insurer of last resort for ItS policyholders."
Nelson's earlier cease-and-desist order was based, In part, on hiS contention that forCing policyholders to
submit payments that many of them cannot afford, and to which the FWUA is not entitled, constitutes an
"immediate and continuing danger to the public health, safety and welfare."
On a motion by the FWUA, the First District Court of Appeal, based In Tallahassee, set aside Nelson's order
last Friday, but gave the Insurance department 20 days to respond and show why the court's stay should be
lifted. Nelson took Just seven days to respond, and the FWUA now has 10 days to respond to his action. In a
separate court action, the insurance commiSSioner is moving to appeal to the same appellate court an earlier
ruling by CirCUit Judge Nikki Clark, denYing Nelson's motion to erase the FWUA rate hike because of the
untimely arbitration deCISion. He IS awaiting a clarification of the Judge's order before filing the appeal.
L..._.
_.. n
0.
."
n
IN THE DISTRICT COlJRT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
FLORIDA WINDSTORM
UNDERWRITING ASSOCIATION,
Petitioner/Appellant,
vs.
CASE NO.: 00-2402
STATE OF FLORIDA, DEPARTMENT
OF INSURANCE,
Respondent/Appellee.
/
DEPARTMENT'S RESPONSE TO ORDER TO SHOW CAUSE
COMES NOW Respondent/Appellee, STATE OF FLORIDA, DEPARTMENT OF
INSURANCE (hereinafter the "Department"), by undersigned counsel, and hereby responds to
the Order of June 26, 2000 herein, requiring the Department to show cause why the Court's
unconditioned stay of the Department's Immediate Final Order dated June 23, 2000 should not
continue in effect until issuance of the mandate in this case. The Department hereby requests
that the Court lift the stay of the Immediate Fina Order dated June 23, 2000 (hereinafter the
"IF:)"), or require that any premIUms collected pursuant to the implementatIOn of the disputed
arbitration award be paid into the registry of the Court, or some other appropriate repository, and
forbid the cancellation of any policies subject to the Implementation of the disputed arbitration
award until issuance of the mandate in this case or such other time as this Court deems
appropriate. As good cause therefor the Department states as follows:
1. This Court's stay has the effect of permitting the Florida Windstorm UnderwritIng
Association (hereinafter the "FWUA") to continue the unlawful implementation of a disputed,
non-final 96% rate increase, contrary to the pro;isions of Section 627.062(2)(a)I., Florida
Statutes, before the Department can seek the statutorily-authorized review of the arbitratIon
decision. Should the Court agree that the disputed rate was implemented contrary to the
provisions of the Insurance Code, or should the trial court or this Court vacate the award of the
arbitration panel, the stay created the untenable result of unjustly enriching the FWUA at the
expense of its policyholders because the premiums being unlawfully collected are not subject to
return under the provisions of Section 627.062, Florida Statutes. Even more untenable is the
potential cancellation of policies caused by policyholders' inability to pay the substantial
additional premium required by the unlawful implementation of the disputed rate increase,
compounded by the fact that the FWUA is the insurer of last resort for its policyholders. Thus,
the stay has the effect of actually altering the status quo of the parties and pemlitting irreparable
harm, financial and otherwise, to Florida consumers, contrary to the customary purpose of a stay.
See Citv of Miami Beach v. Lansburgh. 217 So.2d 348 (Fla. 3'" DCA 1969).
2. The IFQ, pursuant to the authority granted the Department by Sections
120.569(2)(n) and 627.311(2), Florida Statutes, directs the FWUA to cease and desist its
unlawful implementatIOn of a disputed 96% statewide rate increase for windstorm insurance
coverage. Section 627.311(2), Florida Statutes, authorizes the Department to issue orders
requiring the discontinuance of any activIty or practice of an association engaged in Joint
underwriting, such as the FWUA, that is unfair, unreasonable, or otherwise inconsistent with the
provisions of Chapter 627, Florida Statutes. Section 120.569(2)(n), Florida Statutes, authorizes
the Commissioner of Insurance as head of the Department to issue an immediate final order If he
finds that an immediate danger to the public health, safety, or welfare, requires such action. The
unlawful implementation by the FWUA of its "file and use" filing, and the attendant impact upon
the its policyholders and potential policyholders setout above and below, is inconsistent with the
2
provisions of Chapter 627, and constitutes an Immediate danger to the public health, safety, and
welfare, by causing irreparable harm to FWUA policyholders,
Thus, the unlawful
implementation necessitated the issuance of the IFO, whIch was the only way to preserve the
status quo and prevent further violation of the Insurance Code,
3, On June 26, 2000, the FWUA filed with this Court its "Emergency Association
Motion for Inunediate Relief from Agency Immediate Final Order" (hereinafter the "FWUA'5
motion"), The same day, the Court issued its Order granting the FWUA's motion and directing
the Department to show cause within 20 days of the date of the Order why the stay should not
remain in effect until issuance of the mandate in this case,
4, Notwithstanding the length and breadth of the FWUA's motion, and its vanous
appendices, it should be understood that the only issue to be determined herein is whether the
arbitration decision of February 3, 2000 is final and subject to Implementation. FWUA VS. State
of Florida, Department of Insurance, Case no. 33 195 00197 99 (granting the FWUA a 96%
statewide rate mcrease to be effective no sooner than 120 days from the date of the Arbitration
DeCIsion).
5. It IS well apparent that the arbitration decision is not final. Rule 4-170.135, F,A.C.,
provides that "[t]he [arbitration] decision or award shall be final and binding upon the parties, unless
iudicial proceedings are initiated pursuant to Sections 682,13, F.S., or 682.]4, F.S," (emphasis
supplied). The FWUA concedes that such a proceeding has been initiated and IS pending.
6, It is also apparent that the arbitratIon decision is not yet subject to implementation
because of the pending actIOn to vacate the decision approving the rate increase, Section
627,062(2)(a)I., FloridaStatutes, precludes the implementation of a "file and use" filing "during the
department's review and any proceeding and judicI review..." Since the arbitration decision is not
3
final and subject to implementation, the FWUA has no legal basis for implementing the rate
increase, and, necessarily, no entitlement to an emergency Order ofthls Court staying the !Fa.
The applicable statute and rule
7. Section 627.062, Florida Statutes ("Rate Standards") is the substantive statute which
underlies the !Fa. It provides for an insurer at its option to seek an increased rate either by way of a
"file and use" rate filing with the Department (Section 627.062(2)(a)I., Florida Statutes), or by way
of a "use and file" filing (Section 627.062(2)(a)2., Florida Statutes). There are legal and practIcal
distinctions which must be drawn between these two means of effectuating rate increases.
8. Section 627.062(2)(a) I., Florida Statutes, provides in pertinent part that, "If the
filing is made at least 90 days before the proposed effective date and the filing is not implemented
dunng the department's review of the filing and any proceeding and Judicial review, then such Illing
shall be considered a 'file and use' filing." The Department is required to complete its review
within 90 days or the filing is deemed approved. In view of the statutory language it is clear that the
Legislature intended for a "Ille and use" filing to be implemented onlv upon the completion of all
proceedings and iudicial reviews concerning such, Illing. By contrast, Section 627.062(2)(a)2.,
Florida Statutes, provides that a Illing not made in accordance with suoparagraph I above is a "use
and file" rate Illing, and allows the insurer to implement its desired rate prior to Department
approval-but with the caveat that "An insurer making a 'use and Ille' filing is potentially subject to
an order by the department to return to policyholders portions of rates found to be excessive".
There is no limitation on the time the Department may take to review a "use and file" Illing.
9. Since there is no "return to policyholders" provision to be found in Section
627.062(2)(a)l., concerning "file and use" filings, it follows logically that the Legislature did not
intend for a "file and use" rate applicant to have the !egal authority to implement its filed rate prior
4
to the conclusion of the department's review of the tllmg and the conclusIOn of @Y proceeding and
judicial review. Should Section 627.062(2)(a)1. be read to allow a "tlle and use" rate applicant to
implement a rate during any proceeding and judicial review, then the absurd result foilows that the
insurer is entitled to retain the increased rate proceeds even in the event that the rate IS ultimately
vacated. This would necessarily be the case, since, unlike Section 627.062(2)(a)2., the Department
is given no authority in Section 627.062(2)(a)I. to "order...a return to policyholders portions of rates
found to be excessive". It is hornbook law on statutory construction that statutes are to be read so as
to avoid absurd results. See,~, Amente v. Newman, 653 So.2d 1030 (Fla. 1995); Folev v. State
ex reI. Gordon, 50 So.2d 179 (Fla. 1951).
10. The legal and practical distinction to be made between Section 627.062(2)(a)1., and
Section 627.062(2)(a)2., is further made apparent by Section 627.062(2)(h), Florida Statutes, stalIng
as follows:
"In the event the department finds that a rate or rate change is excessive, inadequate, or
untCmly dlscnminatory, the department shall Issue an order of dlsapp,oval specifying that a
new rate or rate schedule which responds to the findings of the department be filed by the
msun:f. The department shall further order, for any "use and fl,"::" iiiing made 111 accordance
with subparagraph (a)2., that premmms chcrged each policyholder constituting the portion
of the rate above that which was actuarially Justified be returned to such policyholder in the
form of a credit or refund."
The first sentence of Section 627.062(2)(h) very obviously corresponds to Section 627.062(2)(a)1.'s
'"file and use" provision: if the Department finds a rate excessive, inadequate, or unfairly
discnminatory, tts authority IS limned to issumg "an order of disapproval specifving that a ne\; ratc
or rate schedule which responds to the findings of the department be filed by the msurer." By
contrast, the second sentence of Section 627.062(2)(h) eXDands the Department's authonty under
Section 627.062(2)(a)2.: that IS, the Department IS in fact directed to "further order, lor any 'use and
file' filing made in accordance with [Section 6,"062(2)(a)2.], that premiums charged each
5
policyholder constiruting the portion of the rate above that which was actuarially justified be
rerumed to such policyholder in the form of a credit or refund."
11. Section 627.062(6), Florida Starutes, provides for an insurer to elect arbitrallon In
liell of proceedings under Chapter 120, Florida Starutes, concerning rate-filing determinations of the
Department. Nothing in the provisions of Section 627.062(6) suggest that "file and use" filings
subject to arbitration are exempted from the limitallon upon implementation contained in Section
627.062(2)(a) 1.
12. Notwithstanding the provision of SectIOn 627.062(6)(a) that provides that the
Department and the insurer must treat the decision of the arbitrators as final approval of a rate filing,
the Legislarure has in enacting Section 627.062(6)(b) authonzed either party to apply to vacate the
award pursuant to Section 682.13. A review of the provisions of Section 682.13, Florida Starutes.
supports the view that the Legislarure intended that an award challenged pursuant to that provision
is not final.
13. Section 682.13(4) provides that "[i]f the application to vacate is denied and no
motion to modify or correct the award in pending, tlie court shall confirm the award." Thus, an
award subject to an application to vacate is not final, but subject to confirmation by the court. It is
the order confirming the award that brings finality to arbitration and that is then subject to appeal.
See, Sections 682.15 and 682.20( 1)( c), Florida Starutes. See also, School Board of Palm Beach
County v. Roof Strucrures of Florida. Inc., 359 So.2d 561 (Fla._4'" DCA 1978) (Error to confirm
award when motion to vacate is pending.). Consistent with this interpretation is Rule 4-170.135,
F.A.C., promulgated pursuant the authority granted the Department by Section 627.062(6)(c),
Florida Starutes, that provides "The [arbitration] decision or award shall be final and binding upon
6
the parties, unless iudiciaI proceedings are initiated pursuant to Secllons 682.13. F.S.. or 682.14,
F.S. (emphasis added)."
14. The FWUA's motion takes no account whatever of Rule 4-170.135, F.A.C. The
omission is especially curious given the FWUA's concession that the Circuit Court proceedings
are not final in Department of Insurance vs. Florida Windstorm Underwriting Association,
Circuit Court, Leon County Case no. 00-345 (see, the FWUA's motion at p. 22, repeatedly
referring to the Circuit Court action as "pending"). In light of the proceeding instituted by the
Department pursuant Section 682.13, Rule 4-170.135, F.A.C. makes it clear that the arbitration
decision of February 3, 2000 is not final.
Application of the statute and rule in this case
IS. On April 30, 1999, the FWUA filed a "file and use" rate filing, the unlawful
implementation of which is the subject of the IFO. There is no doubt that the rate filing was a
"file and use" subject to SectIOn 627.062(2)(a)I.; the FWUA concedes as much in the FWUA's
motion. The question therefore arises as to how it IS that the FWUA can legallv implement the
rate filing, if indeed it can, during "any proceec ir g and judicial review" as stated In Section
627.062(2)(a) I.
16. The FWUA's argument, at bottom, is that "any proceeding and judicial review"
does not include arbitration or judicial review of arbitration. The FWUA's construction of that
provIsIon IS erroneous.
17. First, the breadth of the operative language of SectIOn 627.062(2)(a) 1. must be
conceded: "anv proceeding and judicial revIew (emphasis added)." The Legislature did not limit
"proceeding" in terms of administrative proceedings. circuit court proceedings, or otherwise;
instead, the provision is all-inclusive. Nor did 1 , Legislature limit judicial review merely to
7
appeals. Again the provision is all-inclusive. Thus. 11 is clear that the Legislature intended that
all proceedings and judicial reviews regarding a "file and use" filing be completed before
implementation. Second, it may be presumed that the Legislature, 1I1 enacting Section
627.062(6), was aware of the existing terms of the balance of the statute, and intended that "any
proceeding and judicial review" include not only arbitration, but any circuit court and appellate
court review thereof]
The practical consequences of the FWUA's conduct
18. The FWUA's motion makes plain its intent to retain the proceeds of the
implemented rate increase, even if the rate increase is ultimately denied. See, the FWUA's motion
at page 26, asserting that "If somehow the Department succeeds in getting the Circuit Court to
change its position and vacate the arbitration award, eveI)' dollar collected by the Association in the
interim will be applied to the public purpose of the Association: payment of policyholder claims
when hurricanes strike Florida." Thus, the FWUA cavalierly admits that it has no intention of
returning unowed premiums to pnlicyholders. even if the arbitration decision is vacated. The
FWUA does not trouble itself to explain how it will make whole the unfortunate consumers who
have had their coverage cancelled because they could not afford to pay the unlawfully implemented.
and substantial, rate lI1crease.
19. The FWUA's motion also asserts that it "proved before the Arbitration Panel that the
expected increase was a small fraction of the 96% because policyholders would receive discounts
from the rates because the insured structures now include, and that in the future will include even
I The FWUA's motion, at page 22, rests its argument upon the premise that Section 627,062(6)'5 arbitration
provision was enacted later in time than the "file and use" provision of Section 627 ,062(2)(a) 1. However, the "last
expression of legislative will" is relevant only where the two pmvisiorl:> compared arc irreconcilable otherwise.
Sce,~., Sharer v. Hotel Com. of America, 144 So.2d 8 \ 3 (Fla 1962). There is nothing which needs reconciliation
between Section 627.062(2)(a)I.'s "any proceeding and judicial review" and SectIon 627.062(6)'5 provision for
arbitration, and the FWUA makes no assertion to the contrary.
8
more, mitigative measures (such as wind shuners or speci21 rooftreatmentsj to reduce the actuanal
risk of hurricane wind damage." See, the FWUA's motion at page 6, foomote 9. ThiS amounts to
gloss, and may be seen as such when the Court IS shown the manner in which the r~te tllmg is
presently being implemented.
20. The Court's attention is respectfully called to two exhIbits anached hereto. Exhibit
A hereto is an FWUA policy renewal notice dated May 10, 1999 and sent to Marvin M. Eden and
Leona Eden as insureds. As can be seen, the Edens' 1999 premium was $2,712. Exhibit B hereto IS
the Edens' policy renewal notice dated May 11, 2000, page I of which indicates an increased
premium due and payable on July I, 2000, in the amount of S3,449. Page 2 of the notice then
indicates that the Edens' "future premium amount will be approximately $6,815, based on current
coverages"--no indication is given as to when the Edens can expect to pay what is, in fact, an
increase of more than 200% of their 1999 premium. Page 2 of the notice also adds that "It is
important you submit payment for your renewal to our Jacksonville office before the due date
shown on the face of this renewal invoice" (emphasis in original), and cites the pOSSIbility of a
geographIcally proximate lnlrric;.;.::.: or LfdplC;li storm having an effect on continuauon covera~c.
21. The stark ultimatum given by the fWUA to the Eden's to payor risk loss of
coverage in the mIdst of the current hurricane season, as shown by the exhibits hereto, belies the
FWUA's assertion that the rate Implementation will be "a small traction of the 96%".
Conclusion
.,")
-~.
Events may prove that the FWUA is entitled, at a later point in time, to implement
the rate increase. However, at present, the FWUA is receivmg premiums to which It is not legally
enmled, at the direct and considerable expense of its policyholders, and has evinced a clear intent to
retain the proceeds. At risk are policyholders who may lose the only insurance coverage available
9
to them because they are unable to afford the 96% rate increase which the FWUA is unlawful
implementing. The IFO seeks only to preserve what is actually the legal status quo. The arbitration
decision is not yet final because all authorized pruceedings and judicial reviews hav~ not been
completed. Consequently, the imposition of the 96% rate increase allowed by this Court's stay will
irretrievably alter the status quo and irreparably harm the FWUA's policyholders.
WHEREFORE, it is respectfully requested that the Court lift the stay imposed by the Order
of June 26, 2000 against the !Fa, or require that any premiums collected pursuant to the
implementation of the disputed arbitration award be paid into the registry of the Court, or some
other appropriate repository, forbid the cancellation of any policies subject to the implementation
of the disputed arbitration award until issuance of the mandate in this case or such other time as
this Court deems appropriate, and grant such other and further relief as may be appropriate in the
circumstances.
Steven H. Parton
Special Litigation Counsel
Florida Bar no. 0188357
Michael H. Davidson
Florida Bar no. 0191637
Department of Insurance
Division of Legal Services
200 East Gaines Street
Tallahassee, Florida 32399-0333
(850) 413-4274
10
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy hereof was hand delivered to John
Radey, Esquire and Elizabeth McArthur, Esquire, Kutz. Kutter et ai., 106 East College A venue,
Tallahassee, FL 32301, this 30th day of June, 2000.
Steven H. Parton
II
FROM: PATRICIA ROGERS-LiBERT 305,935.2170 To: ERIC-SOROKA
DATE: 9/14/00 TIME: 4:36;02 PM
PAGE 2. OF 13
blilk\ive retiUoD Process
I. Introdudion
Welcome to the step by step initiative process in the Stata of Florida. The citizens of our stote ore fortunate in
that our state provides this method to amend our Constitution. We hope that yov will thoroughly review this
process before establishing your committee and creating your petition.
Florida citizens hove a voluable right in the ability. to amend our constitution through the initiative process. This
publicotion is to be used os 0 guide in the preparation of your proposed initiative and is for general information
only.
Citizens may obtain up-to-date information on all currently circulating initiatives through the Division of Elections'
Internet oddress htto:llelection.dosst(l'''oJLY~.
ADDlIIISStS: The following addresses and telephOf'le numbers are for l,JOUr information:
ffatherine Harris
Sa.rotary of Sto...
PL 02 The Copitol
T ollohossee. Fl 32399.0250
850/414.5500
DMslon of Eledlons
Aoom 1801 The Copitol
Tollahassee. Fl32399-0250
850/488.7690
Bob Butterworth
llltorMy Ocnerol
PL 01 The CapItol
Tallahassee. FL 32399.1050
850/487-1963
IT Inltlatln Proc.ss
A. The first step in the process of qualift,Jing as on initiative is to register as 0 politicol committee pursuant to
section 10603 Florida Statutes wittl the Division of Elections.
B. The person or group circulating the petition is then required to submit Q format of the petition to the Division
of Elections for approval prior to tt>e proposed amendment being circulated for Signature. The division will
review the proposed initiative petition form for sufficiency of the format only. The division will not review the
farm far legal sufficiency.
C. The substance of the amendment must be an explanatory statement. not exceeding 75 words in length of the
chief purpose of the measure. The substance of tt>e amendment must be styled in such a mom", that a "yes"
vate will indicate approval of the proposal and a "no" vate will indicate rejection The ballot title shall cansist
of 0 caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of.
n The substance and ballot title of a constitutianol amendment proposed by initiative shall be prepared by the
sponsor and approved by the Secretary of State in accordance wi th rules adopted pursuant to ~
1 20 51-EloLida ~,,,,J\!.t!!~
E. The top of the petition form shall be dearly and conspicuously entitled "Constitutional Amendment Petition
Form.D
F. The petition farm must contain tt>e full text of the amendment being proposed Including the article and
section being created or amended preceded bv a title and substance,
G Adequate space must be included for the signee's nome, street address. city. countl,l, voter registration
C:\lIbrary\AC0klltlative Petition Process
C-'''VWI. r;-.., ,,,,'-,.... r'\""'\.oJ;;..n;::..'.l....'<::>J;;../"'i:. .:.V:J.~.J~.L i fU I V. l::;..t.:J'- .::oUt.:VKA
UAl e,. ::Ii J4iUU IIMi:.. 4-..,::it),U"::' I-'(Vl
i-'AGE .,::i OF l.;:i
Initiative Petition Process
Poge2
number. or date of birth. chonge of address for voter registration purpos..s. dote and signotur.. of r..gister..d
voter. and any other informotion d....med n..cessary by the division If the t..xt of the proposed amendment is
printed on both sides of the form. it should clearly indicate that the text is cOfltinued or begins on the other
side. "Each Slgnotur.. sholl be dot..d when mod.. and sholl be valid for 0 period of 4 years follOWing such
dot...
H. If approved, the petition form may be printed bV the person circulating the petition on cords or individual
sh....ts of paper. The minimum siz.. of th.. forms sholl be 3x5 inches and the moximum shall be 8 1/2 x 11
Inches. Each form sholl contain space for only one elector's signatur..
I. Additional materials SUpporting the proposed amendment or providing a method b"" which the petition form
may be returned moy be printed on the form; however, the division will not review the o((urocy or content of
such moterlal.
J. Each petition form is deemed 0 political advertisement os defined in~e(tiOf't l~.011 (17), Florida Sta. and
must contoin the identity of the payor as required by section 106.143, Florida 5to
K Form OS.DE 19 (12/95) a. adopted by the Division of EI..ctlons moy b.. ut"iz..d a. a sampl.. format for
petition forms.
ill Petition V.rtlHcQllon
A Initiative petitions must contain all of the following when submitted to the appropriate sup..rvisor of
elections. or they will be deemed invalid and the supervisor shall not verifV the signature:
.
the signee's name
the .ign.....s str....t addr.... (including cit~ and county)
the signee's voter registration number or dote of birth
the signee's signature
the dot.. the ..lector signed the petition
.
.
.
.
B if an initiative petition is filed with 0 supervisor of elections of 0 county other than the county in which the
signee is a registered e~ctor, it sholl be the responsibility of the circulator or sponsor to forword such
petition to the proper county In the co.. of such mIsliled peIiIIan, the IilIng dole of the pelillan Is the dole
such peIftion Is flied with the praper county. Any petlllon not timely filed In the praper COUll.... on the dole it is
tequl..d by low lCl be IIIed Is InvoRcl.
C To ensure that all petition signatures are verified prior to the deadline. it is recommended that the political
committ..es submit petition. to th..locol sup..rvisor of el..ctions os for in odvanc.. of the d..adline a. possible.
D Upon compl..tion of the verifi<ation as set forth in subsection 15.20091 (2). F.AC. a certificat.. sholl be
sLJbmitted to the Division of Elections of the Deportment of State by the supervisor of elections certif""ing the
total number of signatur... verifi..d. the numb..r verified as r..glst..red ..I..ctors and the distribution by
congr..ssianal district. $upcNisors must Include wllh each certlflcollon submllled lClthe clMslon 0 copy of the
proposed comlitutlonal amendment.
E All certifications of signature verification must be received by the Division of EJections from the SUpervisor of
..I..ctions no Ioter then 5:00 p.rn. of the 91 st day p..cedlng the GeIlCtClI Election. (Dole: August 8, 2000)
F For ..och signatur.. checked, ten c..nts. or th.. actual cost of checking 0 Signature. which.._ IS I..... i. paid to
the supervisor at the time of submitting the petitions, by the political committee sponsoring the initiotive
C:\llbrory\ACC'mjtiotive Petition Process
J-ROM: I-'ATRICIA KOGERS-LJBERT .305.9.35.2.170 To; ERIC SOROKA
DATE; 9114100 TIME; 4;.36;02. PM
PAGE 4 OF 1.3
Inillallve Petlllon Process
Page 3
petition. Howe...r. If 0 committee is unable to poy the chorges Without imposing on undue burden on the
orgonizotion, the organization must submit 0 written certification of such inobility gi...n uncler oath to the
Division of Elections to have the signatures verified at no charge. However, 0 sponsor of 0 proposed initia-
tive amendment wha uses poid petition circulators may not file on oath of undue burden In lieu of poying the
fee required for the verification of signotures gathered The Division of Elections will then CIrculate the lXldue
burden oath submitted by the committee to each supervisor of electiOns in the state
IV Vlolalions
Section l04_J~Jlorido Statutes: Petitions: knowingly sigt1ing more than once; signing another person's name or a
fictitious name.
1. A person who knowingly Signs a petition or petitions for 0 candidate. 0 minor politicol party. or on issue more
than one time commits a misdemeanor of the first degree, punishable 0$ provided in s. 775.082 or s. 775.083
2. A person who signs another perY>n's nome or a fictitious name to ony petition to secure ballot position for a
condidate. 0 minor politicol party, or on issue commits a misdemeonor of the first degree, punishable as
provided in s 775.082 or ~J.15.083.
Section 10619 (3) Florida Statutes Violations by candidates, persons connected with campaigns, oncl political
committees
A political committee sponsoring 0 constitutional amendment proposed by lnitlatl'" which submits 0 petition form
gathered by 0 paid petition circulator which does not provide the name and address of the paid petition circulator on
the form is subject to the Civil penalties prescribed in s. 106.265 Florida Statutes
V Conoressslonai District R.quiremenls
PetitiOflS must be signed by a number of electors in each of one half of the Congressional districts of the state. and of
the state os 0 whole, equal to eight percent of the votes cost in each of such districts respectively oncl in the state os
o utlole in the last preceding election in which presidential electors were chosen. For the 2000 General Election
Ballot, 435,329 signotures ore required.
In order to comply with sections 1521 onclI6.061. Florida Statutes, you will need to collect and hove ""'ified at
[east 43,536 signotures obtained from voters residing in at least 3 Congressional Districts in Florida
Section 152l(3J~fJQf.LQg._$.l:9tutes, requires thot petitioners obtain signotures from 10"10 af the voters required by
Article Xl. Section 3, Florida Constitution and from 25% of the Congressional Districts required by Article XI. Section 3,
Florida Constitution, to request review bI; the Florida Supreme Couto
S-1JIto~ loT eedon VoiMp I1jI Cong_IOIs_.
C :\J..ibroty'fKC\Jnltlotlve Petition Process
t-h:UM. t-'Al HJt;:IA HOGER5-LI6ERT ~U:'::'.:f~:'::'.Ll fU I 0; ~RiC ~OROKA
Rttachment
UATE; i:li14iUU TIME.; 4:.36;02 PM
PAGE 5 OF 13
Congressional District Requirements
10%018%
8% REOUUlED REQUIRED 8Y
8Y IlIl1IClE XI, llIl1IaEXI,
AC1UllI.TOTRl SECTION 3 SECTION 3
CONGRESSIONAl FlORIDA FlORlDR
~STl!!CTS VODNG CONSnTUnON CONmTUTlON
FIRST 254.976 20,398 2,040
SECOND 245.601 19,648 1,965
THIRD 168.930 13,514 1,351
FOURTH 278.716 22,297 2,230
FIFTH 276.8S5 22.148 2,215
SIXTH 260.716 20,857 2,086
SEVENTH 236.945 18,956 1,896
EIGHTH 214.693 17,175 1,718
NINTH 278.122 22,250 2,225
TENTH 240.773 19,262 1,926
ELEVENTH 193.652 15,492 1,549
TWELFTH 209.950 16.796 1,680
THIRTEENTH 287.543 23.003 2,300
FOURTEENTH 293.414 23,473 2,347
FIfTEENTH 282.078 22,566 2.257
SIXTEENTH 286.954 22,956 2,296
SEVENTEENTH 142.851 11,428 1,143
EIGHTEENTH 170.439 13.635 1,364
NINETEENTH 302.285 24,183 2,418
TWENTIETH 256.841 20,547 2,055
TWENTY-fIRST 167.697 13,416 1,342
TWENTY-SECOND 236.927 18,954 1,895
TWENTY-THIRD 1 54.692 12,375 1,238
TOTAL 5,441,650 435,329 43,536
(:\lJbron,N~((\Jnltlot:ive Petltton Process
}-ROM, .....1>. TRICIA HOG.ERS-LIBERT .;jU::J.S::l.::lb.:.!. 1 TU 10, ERIC SOROKA
DATE; 9/14/00 TIME; 4;36;02 PM
PAGE60F 13
Appendix: Rules
lS.2.009lnRla.... Consllluli_l_nd__.
(I) Any proposed omendment to the stote constitution to be ploced on the bollot by initiative sholl be
submitted to the Division of Election~ for opproval as to format prior to circulation of the proposed
amendment Such submission shall be in writing and shall include a copy or a facsimile of the form
proposed to be circuloted The Division sholl review the form for sufficien<y of the format only ond render
a decision within seven (1) days following receipt. The Division shall not review the form for legal
sufficiency.
(2) Proposed initiative amendments sholl be CIrculated for signotures only if the format of the petitions is
deemed suffiCient by the Division. To be sufficient the petition form must be printed on seporate cords
or individual sheets of paper. The minimum size of such forms shall be 3 inches by 5 inches and the
maximum size sholl be 8 1/2 inches by 11 inches. Additional material which does not conform to the size
requirements above may be attached. Each form sholl contain space for only one elector's signature. The
Division will not approve forms providing for multiple signatures per page.
(3) The petition form sholl conspICuously contain the full text of the amendment being proposed Including
the orticle ond section being creoted or omended. preceded by 0 title and substance If the text must
be printed on both sides of the form, it shall be dearly indicated that the text is continued or begins on
the other side. Adeqvote space must be included for the signee's name, sb'"eet address, city, county,
voter registration number. date of birth, change of address for voter registration purposes. date and
signature of registered voter, and any other information deemed necessary by the Division.
(4) The top of the petition form sholl be c1eorly ond conspicuously entitled "Constitutionol Amendment
Petition Form."
(5) Additional matarials supporting the proposed amendment or pravlding 0 method by which the petition
form may be returned by moil may be printed on the form. The D,vis,on sholl nat review the accuracy or
content of such material, but will review the petition to determine that other informotion does not inter-
fere with required material.
(6) Each form sholl be deemed 0 political advertisement os defined in Section 106.011(17) FS.. and shaH
contain the identity of the payor as required by Section 1 06.14~.L.f.~.
(7) Form DS-DE-19 (12/95). os adopted by the Division of Elections may be utilized os 0 somple format for
petition forms. Form DS-DE 19. "Constitutional Amendment Petition Form" is hereby Incorporated by refer.
ence and is available from the Division of Elections, Aoom 1802, the Capitol, Tallahassee, Florida
32399.D25D.
(8) Forms submitted ond opproved by the Division in writing prior to the effective dote of this rule may be
utilized and circulated pursuant to that grant of approval
(9) Petition forms may be reproduced in newspopers. magazines. and other forms of printed mass medio.
provided such forms ore reproduced In the some format os opproved by the Division. The petition forms
may be in<luded within 0 lorger advertisement. provided the forms ore c1eorly defined by 0 Solid or
broken line border
(10) Any chonge In 0 previously opproved petition form. or additional types of petition forms to be circulated
by a preVIously approved circulator. shall be submitted in occordance with the provisions of this rule. A
chonge to 0 petition form or on additiOnal type of petition form moons 0 change in the wording of the
text of the proposed amendment. the bollot title. or ballot summary. Including chonges in pun<tuotion A
petition submitted which bears casual handwritten markings such as words circled, underlined, or other-
wise highlighted. or reduced or enlarged type. sholl not invalidote such petition.
C :\J..ibrOf\l\AC(\lnitiotive Petition Process
t--ROM: t-'ATRICIA r<OGERS'UBERT .dUb,9;:;b.~1/U 10: E.RIC SOROKA
DATE: 9i14/00 TIME: 4:36:02 PM
PAGE 7 OF 13
Initiative Petition
Appendix: Aul.s
Poge2
(I]) In the case of a political committee that has reproduced Its petitions pursuant to subsection (9). the
petitions shall be returned to the committee.
(12) The Division sholl ossign a serial number to each approved petition form. The serial number shall begin
with the last two digits of the calendar year in which the petition form is opproved followed by a
number if'! numerical seqverlCe. For example, the first petitiof'! form approV0d in 1997 will be 97.1. The
sariol number assigned will be printed in the lower right hand cornar of the petition.
(13) Any initiative petition approved by the Division of (lections prior to the effective dote of this rule or
1 $.2.0091. may continue to be circulated and is not required to contOln the voter registration number.
dota of birth, or change of address information.
Spedlic Authority 1513. 100371(3). 101161(2) FS. La", ImpIe_d 100371. 101.161(2) FS
HIslont-New 7-2-79. Formerly 1(-709. Amended 7-7-86. Formerly 1(-7009. Amended 3-5.96.
15-2.0091 Conslitullonal "'-ndmenllnlllolhot PetItion Submission DeodU...; Verifying e.dors' Signal""...
(1) Initiative petitions containing signotures proposing constitutional amendments to the Florida Constitution
shall be submitted to the Supervisor of Elections in the county in which they were circulated to be
verified. If on if'!itlative petition is filed with 0 Supervisor of Elections of a county other than the: county in
which the signee is a registered elector. it shall be the responsibility of the circulator or sponsor to
forward such petition to the proper county In the case of such misfiled petition. the Filing date of the
petition is the date such petition is mad with the proper county. Any petition not timely filed in the
proper county on the dote it is required by low to be filed is invalid
(2) Upon receipt of initiative petitions the Supervisor shall verify the Signatures on each petition to insure
that each person signing said petition is Q registered ele(:tor in that county and that the date the elector
signed the petition was not more than four years prior to the date the Supervisor verified the petition.
Initiative petitiOns must contain, oil of the following or the", will be deemed invalid and the Supervisor
sholl not verify the signoture,
1. the signee's nome,
2. the signee's street address (including city ond county).
3. the signee's voter registration number or dote of birth,
4. the signee's signature.
5. the dote the elector signed the petition.
(3) Upon completion of the verification as set forth in subsection 1 $-2.0091 (2). a certlFicote sholl be submit-
ted to the Division of Elections of the Deportm0nt of State by the Supervisor of Elections certifying the
total number of signatures verified. the number verified as registered electars and the dIStribution by
congressional district The certificate sholl be submitted no later than 5 p.m. of the 91st day preceding
the general election. Any certificate received later than that time will not be eligible to be counted
toward the required number of alectors' signatures for any congressional district or t:he State os a who10_
The Division will provide appropriate forms to the Supervisor of Elections to be used for transmission of
the required information. In conjunction with the: certificate submitted. each Supervisor shall submit a
copy of one petition shoWing the text of the constitutional amendment to which the certified Signatures
relatB_
(4) Upon receipt of a certificate from the SuperVISor of Elections. the Division shall compile the total number
of signatures varified os being registered electors to determine whether the requisite number of signa-
tures has been obtained with respect to each constitutional amendment. by each political committee. for
each congressional district and the State as a whole_ Upon completion of the compilation. a certificotion
of ballot position sholl be issued by the Secretary of State to an appropriate politicol committee which
has obtained the constitutionally r0qUlfed number of signatures. Any politICal committee which has not
(:\J.ibl'ory\ACC\Jnitiotive Petition Process
l'-ROM: PATRICIA ROGeRS-LIBERT .305.935.2.170 To; E.RIC .sOROKA
DATE: 9/14100 TIME: 4:36:02. PM
PAGE 8 OF 13
Inlllollve Petillon
Appendlx: Aut.s
P~3
obtained the required number of signatures will be so notified
(5) lr an Initiative petition submitted bl,J 0 politicol committee appears on the general election ballot and
foUs to become enacted bl,J the electors at the general election. the signatures occomponl,Jing such
petitiOf'l may not be utilized in support of any fubJre initiative petition.
5peclllc Aulhorlly 100371(6) FS low 1mpI.me..-d 100.371 FS. HIstory-New 1-6-80, Amended 12-20-83,
Formerly 1(-7091,1(-70091_ Amended 2-13-90, 3-5-96
(:\J.lbrOf\l'ACC\lnitiotive Petition Process
r-ROM: PATRICIA ROGERS.LlsERT 305.935.2.170 To: ERIC SOROKA
OATE: 9/14100 TIME'. 4:36;02. PM
PAGE 9 OF 13
Appendix: Frequ.ntly AJgd Qu.s1lonJ
H_ mollfl signotutw d_s 1110'- 10 put 0 conslihtliontt! omentlmenl on a.. bollol1
8% of the number of electors voting in the lost presidentiol ele<tlon (435.329 . bosed on 1996
numbers). Please remember that number (435,329) must come from ot leost holf of the 23 congresSlonol
districts (that number is 12).
2. IIOUI long d_s It 10'- 10 9f'l oPfHOIIDI 01 a.. Iotmol on on InIIioM fnHn a.. DhIisIon 0I&dions1
Turn oround time is just 0 few doys.
3 Do 11Ht..1o nt up 0 c~ Iint1
Yes, 0 political committee must be formed supporting the issue.
4 "lire P'fIIIIIon Is chottg.tI, do ... 1Ht.. 10 TtUUbmlt1
Yes. any chonges to the petition must be reported to the division. Chonges to the text. bollot title or
ballot summon, require separate approval bl,l the Division of Elections. Anv changes are considered an
amended petition and the committee must start 011 over collecting signotures. (See Division of Elections
Ooinion 94.06)
5. rut.n Is a.. ,.-tllion _10 a.. SupnImio Cof/rt "" oppro",,"
The committee does not "send" the petition to the Supreme Court. the division certifies the petition to
the Attorney General's Office which in turn sends It on the Supreme Court. The Attorney General's Office
hos 30 doys to forward on the Supreme Court
6. UIIHIrs lire .o~ "" RJb....'l1 ,.-1iIions "" 0 P'fIIIIIon to bo plo..d on lire MId ,.".".1 _<lion
bollot1
For the 200J Ele<tion, the deodline is August 8. 2000. that's 91 doys preceding the Generol Ele<tlon
7 Con """ chong. 0 sIotulolp ,.,o~ with on 1nIIi0M ,.-1ilion1
No, Florida law only proVides for amendment to the constllJ.Jtion via the citizen initiative route.
8. Is /heM II dM".ltH,.", liS tI t'~. tH 10_1 up tllJ lttIIIolltie peliJiDn,
No.
9 IIOUI mum do ~_ cho".1o dredt,.-liJions1
Most supervisors chorge 10 cents 0 nome.
10. IIOUI IN UIIHtn do "..., dfldtIo 10 send 1110 a../ItlonwfI GenenII1
When the committee has obtained 10% of t:l"le 8% required for ballot position. it is outomotlcallv sent to
the Attorney Generol's OffICe. (Thot number is 43.536 and must come from 3 congressionol districts.)
11. IIOUI long Is 0 P'fIIIIIon ,ood "'"
The signoture on the petition is only good for four yeors from the dote Signed; however. the committee
con go on for years, there is no time limit for committees
12. Is a..,. o_lnomount(-.bM)oIwonlslconun"""",bollot__sumtrIOn/1
Bollot titles con be no more than 1 5 words and ballot summories con be no more than 75 words
C\llbrory\fKC\lnltlottve Petttion Process
rROM; r-'ATRJCJA HOGER5-LiaERT 305.935.2.170 To; ERIC SOROKA
DATE; 9114100 TIME; 4;36;02 PM
PAGE 10 OF 13
Initiative Petition
Appendix: Frequently Asked Questions
Page 2
13. DHs #he D/tIi$ion 01 &cIions ho_ #he tIUIhotfIv 10 "'iod on IniIioIirle petillon?
Yes. If the petition does not comply wilh petition formot. (See Rule 15.2009. FAC)
14. HoUI molljllniliolWes how> mo"-Illo #he btlllol?
Since 1976. 15 initiative petitions hove mode ballot position Out of lhose 15 petitions, ten were
passed by the electors.
15. HoUIIong dH$ Illr>ko #he Su,.,.".. C_ 10 "-ddtI UI'-Iher Of Milo puI on IniIioM pelillon on #he
bt1IIoI?
The Supreme (ourt has no time frame - it can take os long os it likes
16. UJhoY$#he mo$/ iniIit11ir1e peIi/Ion$ dr<uIoliIIg tll_ lime #he $/#18 ho$._ hod?
37 in 1996
17. Ctln _ pdnI_ peIiIIon In Sptlnbh?
Yes, however, we do not proof It. That is the committoo's responsibility
18 DHs 11M ..-Ilil't r wbmIllIM t1tfg/noI sig_ peJiII..ru 18 11M DMsIon 01 e._ lor 1IWflkt1lIon?
No. the petitions are submitted to the local superVisors of elections' offices. The supervisors of elections
in turn submit their certifications to the division.
19. HoUI molljl inIIkIlirIe pe_ con _ p_' Ct>IJIt&...... supptHt?
There is no limit.
20 Htt$ #he DMsIon 01 e._ Iuwd tllljl tlp/ttlon$ on inIIkIl!IIIt1$?
Yes. DE 94-06 relating to formats for initiative petitions and DE 97-01 relating to initiative petition
signotures.
C\J.lbronl'fKC\!nltlotlve Petition Process
rI'tOM; J-'ATRICIA HOGERS-LIBERT ~V':;'.!::J;o~.~l /U I Q; E:::.RIC SOROKA
DATE; 9/14100 TIME; 4;.36;02 PM
PAGE 1 1 OF ].3
Appcndbt: l,eQal References
fIIl1I(lE XI, SEmON 3,
(ONSOTUnON OF tHE SlATE OF FI.OflIDA
Section 3. Initiative.--The power to propose the revision or amendment of any portion or portions of this
constitution bV initiative is reserved to the people provided that. any such revision or amendment, except for
those limiting the power of government to raise revenue. sholl embrace but one subject and matter directlv
connected therewith. It may be invoked by filing with the custodian of state records a petition containing a
cop", of the proposed revision or amendment, signed by a number of electors in each of one half of the
congressional districts of the state. and of the state as a whole, equal to eight percent of the votes cast in
each of such districts respectively and in the: stote as a whole in the lost preceding election in which presi.
dentlal electors were chosen.
H1story.-Am. H.JA. 2835. 1972; adapted 972; Am By Initiative Petition filed with the Secretary of State
August 3. 1993; adopted 1994; Am proposed by Constitution Revision Commission, Revision No.8, 1998,
filed with the Secretory of State May 5, 1998; adopted 1998.
SEc:1ION 15.21. FlORIDA STR'MES
15.21 Initiati... petitions; s 3, Rrt XI. State Constitution.-The Secretaru of State shail Immediateiy submit
an initiative petition to the Att9rfl0u General if the sponsor has
(1) RegIStered as a politicol committee pursuant to s. 106.0l;
(2) Submitted the ballot title. substal1(0, and text of the proposed revision or amendment to the Secretory of
State pursuantto ss 100371 and 101.161 and
(3) Obtained a letter from the Division of Elections confirming that the sponsor has submitted to the appro-
priate supervisors for verification. and the supervisors have verified forms signed ond dated equal to 10
perc"nt of the number of electors statewide and in at least one-fourth of the congressional distrtcts
required by s. 3, Art. XI of the State ~~.m.
Hlstory.-s. I, ch 87-363.
SEC1ION H..061. FlORIDA S1R1UT~
16.061 Initiative petitions.-
(1) The Rttorneu General shall, within 30 days ofter receipt of a proposed reVision or amendment to the
State Constitution by initiative petition from the Secretaru of Sill~!!, petition the ~[eme Court, request-
ing an advisory opinion regarding the compliance of the text of the proposed amendment or revision
with s 3, Art XI of the State Canstltutiq[! and the compliance of the proposed ballot title and substance
with s. 101.161. The petition ma", enumerate any specific factual issues which the Attorney General
believes would require 0 judiciol determination.
(2) R copy of the petition sholl be provided to the Secretary of State and the principal officer of the sponsor.
H1story-s 2, ch. 87-363.
SEC1ION 100.371. FlOfIIDA STll1UTES
100.371 Initiatives; proced.....e for placement on the ballot. n
(1) Constitutional amendments proposed by initiative shall be placed on the ballot for the generoi election
C:\llbrary'\fKC\Jnltlotive Petition Process
~.h:UM; l'-'Alh:IC.IA KOGERS-L1BE:RT .j.Vt:>.~;,jt:>.L 1 /V j 0; i:;;.RIC .sOROKA
DATE: 9114100 TIME: 4:36:02. PM
PAGE 12. OF 13
Initiative Petition
Appendix: legal References
Page 2
owxnng in excess of 90 do~s from the: certIfication of bollot position b~ the Se:cretoru of Stote.
(2) Such certiFication sholl b0 issued when the Secretary of State has received variFication certificates from
the supervisors of elections indicating that the requisite number and distribution of valid signatures of
electors hove been submitted to ond verified b~ the supervisors Ever~ signoture sholl be doted when
mode ond shall be valid for 0 period of 4 ~rs following such dote, provided 011 other requirements of
low ore complied with.
(3) The sponsor of on initiative amendment sholl. prior to obtaining any signatures, register as a political
committee pursuant to s. 106.03 ond submit the text of the: proposed omendment to the: Se:cretar~ of
Stote, with the: form on which the: signotures will be offixed, ond shall obtoin the opproval of the: Secre.
tor~ of State of such form. The Se:cretor~ of State shall promulgote rules pursuant to s 120.54 prescribing
the style and requirements of such form.
(4) The sponsor sholl submit sIgned ond dated forms to the: oppropriate supervisor of elections for verifica.
tion as to the number of registered electors whose valid signatures appear thereon. The supervisor sholl
promptl~ V0rif~ the: signotures upon po~me:nt of the fee required b~ s. 99097 Upon completion of verif"
cation. the supervisor shall executa a certificate indicating the total number of signatures checked, the
number of signatures verified os valid ond os being of registered electors, ond the distribution b~
congressional district This certificote sholl be: immediatel~ tronsmitted to the: Se:cretar~ of State The
supervisor shall retain the signature forms. for ot least 1 year following the election in which the issue
appeared on the ballot or until the Division of Elections notifies the supervisors of elections thot the
committee which circulated the petition is no longer seeking to obtain ballot position.
(5) The Secretaru of State shall determine from the verification certificates received from 5Up0f\lisors of
elections the total number of verified valid signatures and the distribution of such signatures by congres.
sianal districts. Upon 0 determination that the requisite number and distribution of valid signatures hove
been obtained, the secretary shall issue a certificate of ballot position for thot proposed amendment
ond sholl ossign 0 designoting number pursuant to s 101.161. R petition sholl be: deemed to be filed
with the: Secretory of State upon the dote of the receipt by the secretory of Q certificate or certificates
from supervisors of elections indicating the petition has been signed by the constitvtionally required
number of electors.
(6) The Deportment of State sholl hove the authority to promulgate rules in accordance with s. 120.54 to
carry out the provisions of this sectioo
Hbtory.-s 1S, ch. 79.365; s. 12, ch. 83.251; s. 30, ch 84.302; s 22, ch. 97.13.
H.....House Joint Resolution 293(1997) previousl~ referred to in this section was withdrawn.
SEC1ION 101.161. flORIDA mnurES
101.161 Referenda; ballots,-
(1) Whenever a constitutional amendment or other public measure is submitted to the vote of the people.
the substance of such amendment or other public nwasure sholl be printed in dear and unambiguous
language on the: ballot ofter the: list of candidotes, followed b~ the word "~s. and olso b~ the: word
"no." and sholl be st~led in such 0 monner that a "~s" vote will indlCote opproval of the: proposal ond a
"no" vote will indicate rejection. The wording of the substance of the amendment or other public measure
ond the: ballot title to appeor on the: bollot sholl be embodied in the: joint resolution, constitutionai
revision commission proposal, constitvtional convention proposal. taxation aod budget reform commis-
sion proposal. or enabling resolution or ordinance. The substan<e of the amendment or other public:
measure sholl be on e:xplonotor~ stotement, not exceeding 7S words in length, of the: chief purpose of
the measure. The bollot tide sholl consist of 0 coption, not exceeding 15 words in length, b~ which the
measure Is commonly referred to or spoken of.
(2) The substance ond ballot title of a constitutional omendment proposed b~ initiative sholl be prepored b~
the sponsor and approved by the Secretary of State in accordance with rules adopted pursuant to ~~_
1 20.54. The Deoortment of State shall give each proposed constitutional amendment a designating
<:\Library'ACC\lnitlotive Petition Process
~-t-<UM' t-'A ll-ilC1A t-"OGERS-LJBERT .::SUb.!:::I.::Sb..i:::. l/U 10, /::..RIC ~OROKA
DATE., !,}(l4lUO lIME; 4;36;02. PM
PAGE 13 OF 13
InItiative Petition
Appencllx: legal References
Page 3
number for convenient reference. This number designation shall appear on the ballot Designating
numbers shall be assigned in the order of filing or certification of the amendments. The Deportment of
State sholl furnish the designating number. the ballot ti~e. and the substance of each amendment ta the
supetvisor of elections of eCKh county in which such amendment is to be voted on
HIslory.-s.34. ch. 4328. 2895 GS 218; AGS 262; CGl 318; ss 1-11. 16180. 1933; s. 1. ch. 16877. 1935; s.
4. ch. 17898. 1937; s. 1. ch. 22626, 1945; s. 5, ch. 26870.1951; Ss 10. 35. ch 69-106; s 1. ch. 73-7; s 13.
ch. 77-175; s. 16. ch. 79365; s. 2. ch. 80-305; s 32, ch 84-302; s. 11. ch. 90.203.
N.....-Former s 99 1 6
(:\llbrory'fKC\lnitlotive PetItIon Process
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: Jay R. Beskin, Commissioner
DATE: August 31,2000
SUBJECT: Real Estate Businesses Window Signs
September 5,2000 Commission Meeting Agenda Item 11-A
Please place the subject matter on the September 5, 2000 Commission Agenda for
discussion and possible action.
I have received several comments from Real Estate businesses regarding the
restrictive nature of real estate listings on display in windows and the negative effect on
business.
JRB/tms
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: opment Dire
TO:
DATE: September 13, 2000
SUBJECT: Real Estate Window Signs
Pursuant to your request for information regarding window signage allowed at real estate
offices located in the City, I have attached Sections 901.7(f) and 901.8(e) which specify
window signs (permanent) and window signs (temporary), respectively, as allowed by code.
I have also attached, for your information, a listing of all the real estate offices located in the
City.
Please feel free to contact me with any questions you may have.
ImemoIsoroka 091300 re signs
Active Real Estate Broker Licenses
Arvida Realty Services
2822 NE 187 Street
Arvida Realty Services
3565 Mystic Point Drive
Aventura Real Estate Inc
2978 Aventura Boulevard
Caldwell Bankers
18199 Biscayne Boulevard
Diversified Investment, Inc.
17971 Biscayne Boulevard, Suite 111
Feinberg Realty Group Inc.
3575 NE 207 Street, Suite B5
Golden Realty Group Inc.
3025 Aventura Boulevard
International Sales Group Inc
3370 NE 190 Street, Suite 103
International Sales Group Inc
18753 Biscayne Boulevard
International Sales Group Inc
20225 E Country Club Drive
International Sales Group Inc
3251 NE 183 Street
Koslovsky Realty
20191 E Country Club Drive
Linda Marx Realty & Investment
20895 East Dixie Highway
Macken Realty
18999 Biscayne Boulevard, Suite 105
Marina Realty Group
2790 NE 187 Street, Suite 455
2
Ocean Bay Realty Inc
20630 Biscayne Boulevard
Olympian Realty Inc
2875 NE 191 Street
Remax Ultra Realty Group
19066 NE 29 Avenue
Resource Realty International
17971 Biscayne Boulevard, Suite 207A
Rickenback Associates Inc
20335 Biscayne Boulevard, Suite 34
Rosenblatt International Realty PA
19355 Turnberry Way, 7J
Shoreline Realty & Investments
17701 Biscayne Boulevard, Suite 2C
Turnberry International Realty Corp
19735 Turnberry Way
Wilhoit Realty Corp
17971 Biscayne Boulevard
Williams Island Realty Corp
7900 Island Boulevard
19495 Biscavne Boulevard
Atlantic Realty & Investments
19495 Biscayne Boulevard, Suite 708
Foster International Realty
19495 Biscayne Boulevard, Suite 403
Property Tax Adjusters Inc
19495 Biscayne Boulevard, Suite 704
20801 Biscavne Boulevard
Abdale Williams Realty Group Inc
20801 Biscayne Boulevard, Suite 403
3
Caruthers and Associates
20801 Biscayne Boulevard, Suite 403
Hamptons Real Estate North Dade Inc.
20801 Biscayne Boulevard, Suite 403
Home N Harbour
20801 Biscayne Boulevard, Suite 100
The Kreger Group Inc
20801 Biscayne Boulevard, Suite 403
Kugler Realty Inc
20801 Biscayne Boulevard, Suite 400
Marno Realty Inc.
20801 Biscayne Boulevard, Suite 430
Nirit Realty Inc
20801 Biscayne Boulevard, Suite 403
Reef Realty Corp
20801 Biscayne Boulevard, Suite 505
20803 Biscavne Boulevard
Doris B Sutton Realty Inc.
20803 Biscayne Boulevard, Suite 105
Krystal Marcus Realty & Assoc.
20803 Biscayne Boulevard, Suite 105
Wimbish Riteway Realtors
20803 Biscayne Boulevard, Suite 102
2999 NE 191 Street
Concorde International Realty Corp
2999 NE 191 Street, Suite 906
Entrepreneurs Inc
2999 NE 191 Street, Suite 903
Hill Baucom & Associates Inc
2999 NE 191 Street, Suite 904
4
IBL Corporation
2999 NE 191 Street, Suite 900
International Property Consultant
2999 NE 191 Street, Suite 900
Moira Jaye Realty Inc.
2999 NE 191 Street, Suite 906
5
( c) Canopy Sign
Approvals Necessary
Number (maximum)
CiIY Mamgcr
I per establishment
Sign Area (maximum):
-I sq. fl
Minimum clearance above 8 fl
ground:
Must be rigidly attached
(d) Awning Sign
Approvals Necessary
Number (maximum):
City Manager
1 per establishment
Lettering
I line: letter'; not to exceed 9 in. in height
Logo
Mmumum of 6 sq fl.
(e) Directory Sign:
Approvals Necessary
Number (maximum):
Sign Area (maximum):
City Manager
I per Multi-tcnant Center. in addition to other pennitted
Signs
32 sq. ft Complex name and lor address shall not exceed
50% of base height
On building wall (or freestanding within internal
eourtvard)
Location
Illumination
E.\.'tcmall:-.' or Internally Illuminated Signs.
-+
ct) Window Sign (permanent)
Approvals NecessaIY City Manager
Number (maximum): I per establishment
qOI.l
Sign Area (maximum)
-I sq. 11
llluminauon
Prohibited
(g) Directional Sign:
Approvals NecessaIY
Number
City Manager
To be approved as part of site plan: if not approved as
part of site plan, pennit required
Sign Area (ma'illllum):
-I sq. ft.
Height (maximum)
3 fl.
Other restrictions
No advertising copy. Logos may cover no more than
25% of the Sign Area.
(h) Regional Mall Signs The following Signs are authorized in all Regional
Malls locateu within the City consisting of an enclosed mall with a minimum
Land Development Re:ulations
Cit), of A ,rentura., Florida
Page 9-11
name: (iil nalure of development: (iii)
geneml contractor: (ivI architect: (v)
lending institution: (vi) O\\TIcr or
agent: and (vii) phone number
name: (ii) nature of development: (IiI)
general conlractor: (ivI architect: (VI
lending institution: (vi) Q\\nef or agent
and (vIi) phone number
Number (maximum):
(d) Model Sign (No permit required)
Residential District
I per model unit lot and I per office 101
Xonresidentia! District
(Not applicable)
Sign Area (maximum):
4 sq. ft.
Sign Height (maximum):
4ft.
Model arrow Signs
3 per development not to exceed 2 sq. ft. each Shall
not be located in right-of-way or sight visibility
triangle.
Not permitted except as specificalh allowed in this
Section
Until certilicate of completion/occupancy is issued for
last house in development.
Flags
Time tinut
Other Restrictions
Sign copy may include onl\': (i) "Mode!"': (ii) builder:
(in) architect: (iv) agent: (v) number of bedrooms and
baths: (vi) telephone number
q 0 I. f>
(e) Window Sign, Temporal)'
Residential District NonresIdential District
Clly Manager Not pernutted
10% of "indow area up to a maximum of 10 sq. ft.
~
Approvals Necessary
Sign Area (maximum)
Time limit
14 days
Frequency
Business or use shall be limited to 5 such advertising Sign
permits per calendar year
(I) GaragelEstate sale Sign
Residential DisMet
Approvals Necessary
Number (maximum):
Sign Area (maximum)
Height (maximum):
City Manager
I per lot on site
6 sq. ft.
4ft.
.\'vnresidentlal
District
Not permitted
Length of display
Maximum of I weekend during any 6 month period
Setback
Not on right -of-way
(g) Real Estate Open House Sign. Such Sign is located on-
premises, on private property (upon permission of the private
property owner), but which shall not act as an obstruction to
vehicular or pedestrian traffic. (In conformance with design
specifications as provided by the City Manager): (No permit
Land Development Regulations
CIty of A ventura, Florida
Page 9-16
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
FROM:
DATE:
ME RANDUM
Eric M. Soroka, Ci~e
Brenda Kelley, Com unity D
.Iopmem Di'-~
TO:
September 14, 2000
SUBJECT: Termite Damage Prevention Ordinance 2000-07
Compliance Status Report to 09.01.00
Attached please find a Status Report detailing the termite inspection reports
received to date, the results of those reports and reports not submitted to date.
The date for submission of inspection reports for the single family home
developments - Aventura Lakes, Aventura Estates and Island Way Homes - was
extended to September 5 to allow residents to arrange for inspection after
revision to the ordinance. I am receiving reports daily from Aventura Lakes
homeowners and have recently received one report from Aventura Estates.
For Commission's information, fourteen of the sixteen developments whose
inspections revealed termite activity have advised that they have treated or
entered into contracts for treatment. Although the City Ordinance and the State
do not require or mandate treatment. staff suggests that all positive reports be
sent to the State's Department of Agriculture and Consumer Services for public
information.
Code enforcement has been provided a listing of those properties that have not
yet submitted an inspection report. Notice of Warnings will begin being issued
next week.
If you have any questions, please feel free to contact me.
Ijc
Attachments
CITY OF A VENTURA
Community Development Department
ORDINANCE 2000-07
TERMITE DAMAGE PREVENTION
INSPECTION REPORTS RECEIVED TO 09.01.00
Aventura Estates Homeowners Association
Property Manager 79 homes
18790 West Dixie Highway 1 report received
Miami, FL 33180
Aventura Lakes
NE 207 Street
Aventura, FL 33180
Biscaya
20450 West Country Club Drive
Aventura, FL 33180
Bonavista
3375 North Country Club Drive
Aventura, FL 33180
Del Prado
18071 Biscayne Boulevard
Aventura, FL 33160
Commodore Plaza
2780 NE 183 Street
Aventura, FL 33160
Coronado
20301 West Country Club Drive
Aventura, FL 33180
Eldorado Towers
3675 North Country Club Drive
Aventura, FL 33180
Flamenco Towers
3701 North Country Club Drive
Aventura, FL 33180
The Hamptons
20281 East Country Club Drive
Aventura, FL 33180
Harbor Towers, Portsview at the Waterways
3610 Yacht Club Drive
Aventura, FL 33180
Harborside, Portsview at the Waterways
3640 Yacht Club Drive
Aventura, FL 33180
Mediterranean Village
3700 Island Boulevard
Aventura, FL 33180
La Mirage
C/o Consolidated Community Management
10034 West McNab Road
Tamarac, FL 33321
various
NO
170 homes
34 reports received
various
NO
7/31/00
NO
5/5/00
NO
6/23/00
NO
07/26/00
NO
7/6/00
NO
6/20/00
NO
6/7/00
YES
6/1/00
NO
7/14/00
NO
7/14/00
NO
8/2/00
YES
7/14/00
NO
Mystic Point Tower 100
19195 Mystic Pointe Drive 7/25/00 NO
Aventura, FL 33180
Mystic Point Tower 300
3600 Mystic Pointe Drive 07/06/00 NO
Aventura, FL 33180
Mystic Pointe Tower 400
3500 Mystic Pointe Drive 6/21/00 NO
Aventura, FL 33180
Mystic Pointe Tower 500
3530 Mystic Pointe Drive 6/20/00 NO
Aventura, FL 33180
Mystic Pointe Tower 600
3400 NE 192 Street 06/07/00 NO
Aventura, FL 33180
One Island Place
3801 NE 207 Street 5/25/00 YES
Aventura, FL 33180
Point East One
2929,2949,2999,2980,2930 Point East Drive 6/22/00 NO
Aventura, FL 33160
Point East Two
2895 Point East Drive 7/11/00 NO
Aventura, FL 33160
Point East Three
2903, 2905, 2910,2920 Point East Drive 7/01/00 YES
Aventura, FL 33160
Point East Four
3000,3010,3020,3030 Marcos Drive 6/22/00 NO
Aventura, FL 33160
Porta Vita
Bella Vista Mid Rise North & Mid Rise South 7/25/00 NO
19925 & 20165 NE 39 Place
Aventura, FL 33180
Portsview Townhomes
3610 Yacht Club Drive 7/14/00 NO
Aventura, FL 33180
Southview
3440 & 3350 NE 192 Street 07/20/00 YES
Aventura, FL 33180
Turnberry Isle North
19707 Turnberry Way 07/14/00 NO
Aventura, FL 33180
Turnberry Isle South
19677 Turnberry Way 06/21/00 NO
Aventura, FL 33180
Turnberry Towers
19355 Turnberry Way 06/20/00 NO
Aventura, FL 33180
Villa Dorada
20250 West Country Club Drive 07107100 NO
Aventura, FL 33180
Waterways Village
3609 NE 207 Street 07/24/00 NO
Aventura, FL 33180
Williams Island 1000
1000 Island Boulevard 06/13/00 NO
Aventura, FL 33160
Williams Island 2000
2000 Island Boulevard 07/11/00 NO
Aventura, FL 33160
Williams Island 2600
2600 Island Boulevard 06/02/00 NO
Aventura, FL 33160
Williams Island 2800
2800 Island Boulevard 06/02/00 NO
Aventura, FL 33160
Williams Island 4000
4000 Island Boulevard 06/13/00 NO
Aventura, FL 33160
Williams Island 7000
7000 Island Boulevard 06/02/00 NO
Aventura, FL 33160
Aventura Commons
C/o Berkowitz Development Group 06/21/00 NO
2665 South Bayshore Drive
Suite 1200
Coconut Grove, FL 33133
Aventura Corporate Center
C/o Lasalle US Realty Income 06/02/00 NO
20801 Biscayne Boulevard
Aventura, FL 33180
Aventura Mall
19501 Biscayne Boulevard 05/16/00 NO
Suite 400
Aventura, FL 33180
Aventura Medical Plaza Associates Ltd.
21150 & 21110 Biscayne Boulevard 07/26/00 YES - Building #21150
Aventura, FL 33180 NO - Building #21110
Aventura Plaza
Sam Management
17961 Biscayne Boulevard 07/24/00 YES
Suite A-1
North Miami Beach, FL 33160
The Shoppes of Aventura
C/o Regency Realty Group Inc. 06/29/00 YES
8551 NE 186 Street
Miami, FL 33015
Aventura Turnberry Jewish Center
20400 NE 30 Avenue 06/08/00 YES
Aventura, FL 33180
Big E Marine Properties Inc.
2890 NE 187 Court OS/23/00 YES
Aventura, FL 33180 2922
Biscayne Retail Center Borders, Chilis, Linens n
Things 06/13/00 NO
Turnberry Associates
19915 to 19925 Biscayne Boulevard
Aventura, FL 33180
17651 Biscayne Blvd Partners - Carl's Furniture
6650 North Federal Highway 06/24/00 NO
Boca Raton, FL 33487
Champion Retail Plaza
Turnberry Associates 06/13/00 NO
19101 to 19275 Biscayne Blvd
Aventura, FL 33180
Courtyard by Marriott
2825 NE 191 Street 06/24/00 NO
Aventura, FL 33180
Concorde Plaza
C/o 1515 NW 167 Street 05/30/00 YES
Suite 222
Miami, FL 33169
Concord Center II
C/o Woods Management 06/19/00 YES
2740 West 5 Avenue
Hialeah, FL 33010
Curry Industries
3020 NE 188 Street 07/21/00 NO
Aventura, FL 33180 2913
First Union Bank Building
Ucello Immobilien 06/29/00 YES
2925 Aventura Boulevard
Aventura, FL 33180
Fort ApachelThunder Alley
3025 NE 188 Street 07/24/00 NO
Aventura, FL 33180
Loehmann's Fashion Island
C/o Frank J. Colatosti, General Manager 06/07/00 YES
7050 W. Palmetto Road, #51
Boca Raton, FL 33433
Menora Partnership
c.o. SCI Management Corp 06/22/00 NO
P.O. Box 130548
Houston, TX 77219 0548
Mount Sinai Aventura
4300 Alton Road 06/06/00 NO
Miami Beach, FL 33140
One Turnberry Place
Turnberry Associates 06/27/00 NO
19495 Biscayne Blvd
Aventura, FL 33180
Promenade Shops
Gumberg Management Corporation 07/04/00 NO
3200 N. Federal Highway
Fort Lauderdale, FL
206 Biscayne
14652 Biscayne Boulevard 07/24/00 NO
North Miami Beach, FL 33181
208 Biscayne
14731 West Dixie Highway 06/21/00 NO
North Miami Beach, FL 33161
The Waterways Shops
Ross Management & DBR Asset Management OS/23/00 YES
1 Financial Plaza, Suite 200
Fort Lauderdale, FL 33195
Travis Boat
3205 NE 188 Street 07/31/00 YES
Aventura, FL 33180
Turnberry Isle Resort & Club
19999 West Country Club Drive 07/29/00 NO
Aventura, FL 33180 2401
Turnberry Plaza
2875 NE 191 Street 07/17/00 NO
Aventura, FL 33180
INSPECTION REPORTS NOT SUBMITTED AS OF 09.01.00
Admiral's Port
2851 NE 183 Street
Aventura, FL 33160
Admiral'sPort Townhomes
C/o Sun Rae Management
4000 N. State Road 7
Suite 408-A
Lauderdale Lakes, FL 33319
Atlantic II at the Pointe
3750 Yacht Club Drive
Aventura, FL 33180
Biscayne Cove
18151 NE 31't Court
Aventura, FL 33180
Del Vista Towers
20355 NE 34 Court
Aventura, FL 33180
Bonavida
20100 West Country Club Drive
Aventura, FL 33180
Del Vista A Townhomes
C/o DCI Management
2901 Simms Street
Hollywood, FL 33020
Bravura
3201 North Country Club Drive
Aventura, FL 33180
Ensenada
3701 North Country Club Drive
Aventura, FL 33180
Mystic Pointe Tower 200
19101 Mystic Pointe Drive
Aventura, FL 33180
Hidden Bay
3370 NE 190 Street
Aventura, FL 33180
Island Way Homes
C/o Miami Management
14275 SW 142 Avenue
Miami, FL 33186
La Mirage
C/o United Management
3300 University Drive
Suite 405
Landmark
20185 East Country Club Drive
Aventura, FL 33180
Marina Cove
C/o Glen Management
4301 Oak Circle
Suite 23
Boca Raton, FL 33431
Mariner Village Community Association
Mariner Village Townhomes, Mariner Village Garde
Spinaker Bay Condominium, Spinaker Bay Towhom
C/o Miami Management
14275 SW 142 Avenue
Miami, FL 33186
Plaza del Prado
18071 Biscayne Boulevard
Aventura, FL 33160
Terraces at Turnberry
20191 East Country Club Drive
Aventura, FL 33180
Turnberry Marina Tower
19500 Turnberry Way
Aventura, FL 33180
Waterview
20515-20505 East Country Club Drive
Aventura, FL 33180
Williams Island 3000
3000 Island Boulevard
Aventura, FL 33160
Yacht Club at Aventura
19777 East Country Club Drive
Aventura, FL 33180
Golden Pointe Townhomes
3796 NE 209 Terrace
Aventura, FL 33180
Bay Club
3300 NE 191 Street
Aventura, FL 33180
Promenade At Aventura
19680 East Country Club Drive
Aventura, FL 33180
Lincoln Pointe
17900 NE 31 Court
Aventura, FL 33160
Aventura Bay Townhomes
18405 NE 30 Avenue
Aventura, FL 33160
Del Vista B Townhomes
C/o United Management
3300 University Drive
Suite 405
Coral Springs, FL 33065
Summit at Aventura
3080 NE 190 Street
Aventura, FL 33180
Village by the Bay
3285 NE 184 Street
Aventura, FL 33160
Imperial Club
2751 NE 187 Street
Aventura, FL 33180
The Courtyards of Aventura
3015 NE 183 Lane
Aventura, FL 33160
Turnberry Townhomes
19555 NE 37 Avenue
Aventura, FL 33180
The Courtyard Homes at the Pointe
21205 NE 37 Avenue
Aventura, FL 33180
Biscayne Harbour Shopping Center
Floyd Coats, Property Manager
88005 Overseas Highway Suite 10187
Islamorada, FL 33036
Cove of Biscayne
Pappas Properties Inc.
P.O. Box 630752
Ojus, FL 33160
Miami OFF Center
2875 NE 191 Street
Penthouse One
Aventura, FL 33180
Public Storage
21288 Biscayne Boulevard
Aventura, FL 33180
Aventura Shops
7400 North Kendall Drive
Suite 410
Miami, FL 33156
Aventura Self Storage
2940 NE 188 Street
Aventura, FL 33180
Blackfin
2051 NE 11 Street
Miami, FL 33125
Bobby Moore
3016 NE 188 Street
Aventura, FL 33180
Magnum Marine
2900 NE 188 Street
Aventura, FL 33180
Cigarette Racing Team Inc.
3131 NE 188 Street
Aventura, FL 33180
Bank of America
18305 Biscayne Boulevard
Aventura, FL 33160
Aventura Hospital and Medical Center
20900 Biscayne Boulevard
Aventura, FL 33180
The Jaffe Building Inc.
C/o Norman S. Jaffe
18999 Biscayne Boulevard
Aventura, FL 33180
The Dental Care Group
2797 NE 207 Street
Aventura, FL 33180
Linda Marx Realty
20895 East Dixie Highway
Aventura, FL 33180
Binnings Bldgs Products Inc.
P.O. Box 868
Lexington, NC 27292
Turnberry Bank
20295 NE 29 Place
Aventura, FL 33180
Medmania Inc.
20255 W. Oak Haven Circle
North Miami Beach, FL 331792846
(Total Bank Building)
South Trust Bank
3050 Aventura Boulevard
Aventura, FL 33180
Ross Stores Inc.
c.o Burke & Nickel
3336 E. 32 Street #217
Tulsa OK 74135
Finkel, DiSanto, Forsythe, Sciuto & Martin Inc. Tr.
128 Dorrance Street
Suite 6000
Providence RI 02903
(Sports Authority)
Motiva Enterprises LLC
1100 Louisianna
Houston, TX 77002
(Aventura Shell Station)
Marina Cove Village
C/o Consolidated Community Management
10034 West McNab Road
Tamarac, FL 33321
The Point North Tower
21205 Yacht Club Drive
Aventura FL 33180
Spotmaster Cleaners
17900 Biscayne Boulevard
Aventura, FL 33180
Studio Italia
18050 Biscayne Boulevard
Aventura, FL 33180
3333 Aventura Realty Group
3333 NE 188 Street
Aventura, FL 33180
American Medicorp Development Co.
P.O. Box 1504
Nashville, TN 37202
(Washington Mutual Building)
Racing Properties Ltd.
30 S. Wacker Drive
Suite 1606
Chicago, IL 60606
Mario Kaller and W. Frida
20708 Biscayne Boulevard
Aventura, FL 33180 1445
(The Chemist Building)
Wash Depot II
300 Commercial Street
Suite 27
Malden, MA 02148
Silverlane Realty LLC
2801 NE 208 Terrace
Suite 102
Aventura, FL 33180
Atlantic III at the Point
21050 Point Place
Aventura, FL 33180
Fuddruckers
17985 Biscayne Boulevard
Aventura, FL 33180