[Liability Insurance] FW: Citizens Property Insurance Corporation Newsclips 11.04-11.06.17

[Pence, Scott]

FYI – thanks to Jay Mussman

Scott P. Pence | Carlton Fields
Board Certified in Construction Law by The Florida Bar
Direct: 813.229.4322 | Fax: 813.229.4133
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From: Mussman, Jay D. [mailto:jmussman at daypitney.com]
Sent: Monday, November 06, 2017 10:32 AM
To: Pence, Scott
Subject: FW: Citizens Property Insurance Corporation Newsclips 11.04-11.06.17

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Thank you


Jay D. Mussman | Attorney at Law | Attorney Bio<http://www.daypitney.com/professionals/M/Mussman-Jay-D>

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From: Newsroom [mailto:Newsroom at citizensfla.com]
Sent: Monday, November 06, 2017 10:28 AM
To: Newsroom
Subject: Citizens Property Insurance Corporation Newsclips 11.04-11.06.17

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Insurance fights may again stifle lawmakers <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.politicopro.com_states_florida_story_2017_11_03_insurance-2Dfights-2Dmay-2Dagain-2Dstifle-2Dlawmakers-2D115475&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=Ho5HnSPEyZPKIa297kLgQv86YuKaHX-3swfwRqkVr5c&e=>
Politico

A panel of lawmakers on Friday stressed the need to pass insurance reforms in next year's legislative session but also lamented that political gridlock is likely to make that very difficult.

The three main issues discussed by the members, who were gathered at the Florida Chamber of Commerce's 2017 Insurance Summit, were property insurance, assignment of benefits, and worker's compensation, each of which has proven to be too big for lawmakers to tackle in recent years.

"We've got obstacles and they are fairly immovable in some respects," state Rep. Jay Fant (R-Jacksonville) said.

He pointed specifically to a Florida Supreme Court that has not been friendly to worker's compensation policies favored by the event's pro-business audience, and that 2018 is an election year when state lawmakers typically are reluctant to take on contentious bills.

Senate Banking and Insurance Chair Anitere Flores (R-Miami) said that the election year could be a positive, because elected officials will be coming to business groups for contributions.

"Just about anyone who is someone is running for something," she said. "They will all be coming to you ... asking where we are with worker's compensation."

Her comments were specific to worker's compensation reform, which lawmakers failed to complete last session even though the Florida Supreme Court tossed the state's system because of attorney's fee caps it said were unconstitutional.

Business groups have been concerned that it would spike worker's compensation rates for state companies, but there will likely be a 9.5 percent decrease approved by state regulators. Those on the panel said that the decrease is temporary, and that the future could bring steep increases.

"The real issue, even with a decrease, is now market uncertainty and market instability," state Sen. Doug Broxson (R-Gulf Breeze) said.

Broxson, who sells insurance, was added to the Senate Insurance and Banking Committee by President Joe Negron. The move was seen by some as a way to add a more business-friendly vote on a committee that those groups saw unfriendly.

The outlook for successful reform legislation in 2018 seemed just as dire for "Assignment of Benefits," a process by which a homeowner allows a vendor making repairs to directly negotiate with the insurance company. But fraud and associated costs have been on the rise in recent years, as insurers say vendors submit inflated cost totals, and attorneys can collect big fees suing the companies if they refuse to pay.

It is one of the most sharp-elbowed fights between business groups and trial attorneys, two groups that fight each other on almost every issue.

"AOB is the pits and it is because of corrupt attorneys," Fant said.

Flores said in the wake of Hurricane Irma, property insurance is the "main" issue facing her committee this year. She wanted to have a calmer 2018 session after being embroiled in several high-profile fights last year, but "mother nature had different plans."

________________________________

Lawmakers foresee 'headwinds' in passing major insurance legislation <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.google.com_url-3Frct-3Dj-26sa-3Dt-26url-3Dhttp-3A__floridapolitics.com_archives_248708-2Dlawmakers-2Dforsee-2Dheadwinds-2Dpassing-2Dmajor-2Dinsurance-2Dlegislation-26ct-3Dga-26cd-3DCAEYACoSMTk4NzA1Nzc1MTk3ODUxODM2MhpiNzJhOTQ1ZGVhMjdiODEwOmNvbTplbjpVUw-26usg-3DAFQjCNEHlq2zlOC1T3rD6lna2TkmD0INtA&d=DwMFaQ&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=t6eMz2DtiB53mJzd6SBxzFCxJcp1SiWjx8MW0Jk7ZAg&m=tFc1hblgZ1D_7JSsAi7svryrFlI_ahc48lgNqblP4vU&s=LA8A9Y-MnmKOTKqeTNFpDsofL1L5dXCJvdx1GpYj_Xc&e=>
Florida Politics (blog)

Republican Sen. Anitere Flores, who represents the Irma-battered Florida Keys, said Friday that property insurance will be the “main” insurance issue she will tackle in the upcoming legislative session.

“I made some promises to myself over the summer that I was going to have a much calmer session this year, and not be in the middle of too many fights, but mother nature had different plans,” Flores said during a panel discussion at the Chamber of Commerce’s 2017 Insurance Summit.

Still, lawmakers predict numerous “headwinds” in passing major insurance legislation this session. Republican Rep. Jay Fant said some of those obstacles include an election year and a state Supreme Court that “is not particularly friendly” toward business groups at the moment.

“As we pull together an attempt to mitigate some of the things we are all suffering from, whether it is workers’ compensation or assignment of benefits, we’ve got obstacles and they are fairly immovable in some respects,” Fant said.

Republican Rep. Danny Burgess, who championed a workers’ compensation bill that passed the Florida House last year, but died in communications with the Senate, was also part of the panel and said he is “hopeful” the House will support legislation on that issue again.

Workers’ compensation rates recently dropped, but many experts who spoke at the summit said they expect them to go up again. That was a concern to Republican Sen. Doug Broxson, who was also part of the panel discussion.

“The reality is we are going to see rate increases and the reality is you are going to find a way to pass those increases on in a form of rate charge,” Broxson said. “That concerns me because many of my constituents simply are not in the position — many of them are in a fixed income — to deal with additional rates without considering other options.”

When the conversation turned to an AOB discussion, names were called. Fant called trial attorneys in the area “corrupt” because they are pushing up costs. One audience members pressed him on the comment and asked if that applied to Republican Rep. Carlos Trujillo, whose firm handles AOB claims.

“There are good attorneys and there are bad attorneys,” Fant said. “Our time spent in Tallahassee fighting this is because of the bad guys who inflate the claims. I certainly wouldn’t make claims that Mr. Trujillo does that, but many of his colleagues do.”

________________________________

Denied by FEMA because of insurance? Try again, agency says<https://urldefense.proofpoint.com/v2/url?u=http-3A__apps.lobbytools.com_go.cfm-3F53333115&d=DwMCaQ&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=t6eMz2DtiB53mJzd6SBxzFCxJcp1SiWjx8MW0Jk7ZAg&m=pOy7Oek-xFYeTCaQiNidbDivDFn2V26eO1ALxfz8gQQ&s=-MBC3u60vAQPqrnKY9DMPGcl4X2Ek7vUo1xDGcvAvYs&e=>
TV - Ft. Myers ABC (WZVN)

FEMA said Saturday that Hurricane Irma survivors who were initially denied assistance due to insurance coverage might become eligible at a later date.

After your insurance claims have been settled, if you can prove your essential needs weren't covered, FEMA said you could get some help from the agency.

Contact your insurance company and request a settlement letter that details exactly what is covered under the claim.

FEMA cannot duplicate insurance payments but may be able to help where homeowners and/or flood insurance did not.

You have up to 12 months from the date you apply with FEMA to submit your insurance settlement records for review. If your settlement has been delayed longer than 30 days from the time you filed your claim, you can write FEMA to explain the reason for the delay. Any funds you get from FEMA would then be considered an advance and must be repaid when you get your settlement.

If you’ve received a letter saying you’re ineligible, whether because of insurance coverage or another reason, additional documentation may be all that is needed to change it. It’s important to read your letter carefully to understand FEMA’s decision, so you will know exactly what you need to do.

Examples of documentation are proof of residence, proof of ownership of the damaged property, and proof that the damaged property was your primary residence at the time of the disaster.

You can submit missing documentation to FEMA online at disasterassistance.gov<https://urldefense.proofpoint.com/v2/url?u=http-3A__disasterassistance.gov_&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=IK0CFqNXxPPQHEPC47XnrmnWSSuD5Y5acdrldnMXMdo&e=> or by visiting a Disaster Recovery Center. A list of DRCs is available on the FEMA App<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.fema.gov_mobile-2Dapp&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=uCvGwYcYzhJjf4MDGHSXO5XLBXjO-zj1m25NMmjOKCI&e=> or by calling 800-621-3362.

Mailing address:
FEMA – Individuals & Households Program
National Processing Service Center
P.O. Box 10055
Hyattsville, MD 20782-7055

Or fax your documentation to:
800-827-8112
Attention: FEMA – Individuals & Households Program

________________________________

Hurricane Damage Tracked by East Texas Company's Drones<https://urldefense.proofpoint.com/v2/url?u=https-3A__insurancejournal.us3.list-2Dmanage.com_track_click-3Fu-3D4069e0235e71e4d191462ae63-26id-3Dc829e8f945-26e-3D153805e76e&d=DwMFaQ&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=t6eMz2DtiB53mJzd6SBxzFCxJcp1SiWjx8MW0Jk7ZAg&m=b-4Iv47fkz56JM8_S6Y7_yDk2waTzYYINsNOmHC3_iE&s=bIWc6AJcnxad23sx8omXhWnKdL0sPTO82a83SP27AZw&e=>
Insurance Journal

Unmanned aircraft helped a Nacogdoches, Texas, business survey hurricane damage with a degree of speed and safety once thought impossible.

The Daily Sentinel reports after Hurricane Harvey battered the Texas coast and Hurricane Irma swamped Florida, Hydrex Environmental set to the air with drones not much bigger than a model airplane to map damage.

“We were able to access inaccessible areas as part of a study to determine whether emergency response was necessary. Some of these facilities were landfills and industrial sites that received significant flooding from the hurricanes,” said Clayton Collier, senior environmental scientist at Hydrex.

Before drone technology, surveys of large flooded sites would have taken weeks. Crews would not have been able to begin until floodwaters receded significantly.

Collier pointed to a landfill survey in Florida after Irma where a half million-dollar tarp was destroyed. The giant tarp was meant to keep water from leeching through garbage in the landfill but it was no match for Irma.

The drone was able to create a high-resolution aerial map and topographic survey of the flooded area. The collected data is sent to the Hydrex headquarters on U.S. 59 in almost an instant. There high-tech software stitches the photos together.

“Getting boots on the ground that would have taken two or three weeks at least, instead you get a 48-hour turn around,” Collier said.

No one had to step foot in the flooded area to get a quick survey.

“We’re able to do it from a remote site. From a safety standpoint that’s huge. You don’t have to wait or try to get back around behind the property,” Collier said.

The state-of-the-art technology uses only high resolution photographs to create detailed maps and three-dimensional models of areas.

“There’s no signal being beamed out,” Collier said.

Traditionally aerial surveys used a resolution of one meter — about 3 feet — per pixel. With current drone technology, Hydrex can get a resolution of 1 inch per pixel.

“They’re never straight down,” he said of the photos. “The wind catches it and pushes the drone off to the side, but the software takes all these pictures, and based on pixel recognition it matches them up. It’s really cool stuff.”

The company has contracts across Texas, Louisiana and Oklahoma where they survey everything from wastewater treatment facilities to asphalt plants.

“Anything with land has a potential for drone usage,” Collier said.

Hydrex established its drone division in 2015, and the company has been in business for more than 20 years.

“Maps are an integral part of every project that we work on,” Collier said. “We have a really advanced GIS mapping division, so it just made sense to add the drone division as part of that. We don’t use drones on every project but it is a tool we can use on any project.”

All drone pilots have to be certified by the Federal Aviation Administration, although President Donald Trump recently issued a memo announcing some exemptions to current safety rules.

Collier said he’s looking forward to increasing the size of the drone fleet at Hydrex.

“I’m looking at some really good technology to take it to the next level,” he said.

________________________________

Spending proposals pitched as Irma remains priority
The News Service of Florida

With the start of the 2018 legislative session more than two months away, House members, mostly Republicans, have pitched 114 projects and programs for state money.

The proposals range from $30,000 for the Okaloosa County Historical Museum to $2 million for coastal work in Jacksonville Beach to $300,000 for drainage improvements in Miami Gardens.

House Majority Leader Ray Rodrigues, who is vice chairman of the House Select Committee on Hurricane Response and Preparedness, said priority will be given to projects that can be linked to Hurricane Irma relief or to brace for future disasters.

“My suspicion is, as we move forward in the process, the appropriation bills that are going to get a hearing deal with these topics more so than the bills that do not,” Rodrigues, R-Estero, said Thursday an Associated Press event at the Capitol.

The House budget proposals for the 2018 session, which starts Jan. 9, totaled $117 million as of Friday morning.

The House, unlike the Senate, requires members to file separate bills for proposed spending projects.

Lawmakers face a tight budget going into the session, in part because of costs related to Hurricane Irma. But Gov. Rick Scott said the state has enough money to pay for priorities without dipping into reserves.

"I'm going to focus very aggressively on how we take care of families. I'm not, as you would expect, I'm not going to focus on member projects," Scott said Thursday. "If we spend that money well, we will have the ability to, one, have significant reserves and to continue to reduce the debt of the state, which long-term is going to make it easier when we do, hope we never do, have a downturn in this state.”

Rodrigues said he had not reviewed the proposed member projects but said House Speaker Richard Corcoran, R-Land O'Lakes, has made clear priority will go to efforts to respond to the hurricane, which caused billions of dollars in damage to the state Sept. 10 and Sept. 11.

“If they cannot be fit within those parameters, then clearly those aren't projects that will be viewed as a priority by the House as we move forward,” Rodrigues said.

Among the House proposals, the two largest as of Friday are promoted as hurricane-related.

A measure (HB 2191) by Rep. Colleen Burton, R-Lakeland, seeks $9 million for hurricane preparedness at Lakeland Regional Medical Center.

An $8.4 million proposal (HB 2229) by Rep. Cary Pigman, R-Avon Park, would fund an emergency special-needs multi-use facility in Okeechobee County.

The next two highest proposals don't appear to storm-linked.

House PreK-12 Appropriations Chairman Manny Diaz, R-Hialeah, wants $5.2 million for tuition assistance for health professionals at Nova Southeastern University (HB 2091).

Also, Burton has proposed $5 million for a behavioral-health hospital and outpatient center at Lakeland Regional Medical Center (HB 2189).

Overall, Republicans had submitted 94 projects worth a combined $105.5 million.

Democrats had 19 proposals on file worth a combined $11 million.

One proposal (HB 2135), $580,320 for the Marion County Southeastern Livestock Pavilion, is sponsored by Republican Rep. Stan McClain of Belleview and Democrat Clovis Watson of Alachua.

An additional five projects, worth a combined $2.93 million, were withdrawn on Thursday.

Each had been sponsored by Daisy Baez, a Coral Gables Democrat who resigned Wednesday from her House seat as part of plea agreement involving perjury in an investigation about her legal residency.

The largest of Baez' proposals, $1.5 million, was for to assist a Pinecrest waterline extension project.

________________________________

Around the House: What’s the biggest lesson learned from Irma?<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.dailycommercial.com_news_20171104_around-2Dhouse-2Dwhats-2Dbiggest-2Dlesson-2Dlearned-2Dfrom-2Dirma&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=__UBF04Q9eZRSOR5idGr8D98Hv0zYpQYQ_GSLRmFstM&e=>
Daily Commercial

There will be a lot of lessons learned from Hurricane Irma but none more valuable to homeowners than the insurance coverage on their home. Many homeowners are getting a rude awakening that the loss cost insurance they purchased has many flaws and, in some cases, the question homeowners are asking is, “Why do I even have insurance coverage?”

Angela Taylor, owner of Frank Slaughter Insurance Agency in Wildwood, sees many lessons learned from Hurricane Irma, which unfortunately will cost consumers a lot of money. First, many new carriers in Florida, which helped depopulate the insurance roles of the state-backed Citizens Property Insurance Corporation Program, are probably not financially viable enough to handle processing and paying out claims because they took a gamble on coverage.

Taylor also suspects the Citizens Property Insurance Corporation Program will be bailed out by the taxpayers of Florida. “Homeowners will probably begin to see Citizens Insurance surcharges on their bills,” she said.

Next, the web of low-cost insurance providers that caught the attention of many homeowners cannot and will not provide the service on claims as promised. “Many homeowners will research an online insurance company without understanding the coverages,” Taylor said.

She said many homeowners don’t understand that hurricane deductibles of 2 percent of the home’s insured value is different than a regular deductible for an “all of perils” set amount. The lack of personal representation and long telephone lead times are going to disappoint many homeowners who purchased their insurance online.

Everyone is in a flood zone, but some properties are in areas less likely to flood, according to Taylor. This lack of understanding by homeowners, coupled with poor advice from mortgage lenders, is the reason why as much as 80 percent of the damage from the storm by flooding will not be covered. Flood insurance is cheap for those in non-traditional flood zones, with a $250,000 home costing around $450 per year. If two or more homes in a neighborhood flood, then you must have flood insurance.

The age of your roof will become a bigger deal to get insured after the storm. Rooftops of a certain age will not be covered, and this will be important for those buying used homes. It is imperative that homeowners talk to their insurance agents prior to buying a home in regards to the insurability of the home because of the roof’s age.

The other big lesson learned is wait times will be longer for some insurance companies to respond to claims. Many newer insurers in Florida do not have the staff in place to handle the claims for policies written. As a result, extended claim times will be a factor. Plus, finding a competent contractor will take longer because good companies are in the most demand.

Finally, many homeowners will learn a bitter lesson by agreeing to an Assignment of Benefits Agreement with contractors.

“An Assignment of Benefits Agreement is a contract with a contractor by the homeowner, which goes a step further by giving them the rights to your claim,” Taylor said.

This contract takes the decision-making process of the home’s repair out of the homeowner’s hands. This could lead to substandard work and inflated claims, which could raise a homeowner’s insurance rates. Many times, homeowners are asked to sign this contract prior to a contractor walking on their roof to give an estimate.

“A homeowner should not have to sign any paperwork with a contractor to get a bid for work,” she said.

Understanding your homeowner’s insurance policy before the storm is vital and the cost of the policy cannot be the only aspect considered. For many homeowners, Hurricane Irma is teaching them a valuable lesson. If you are buying insurance and you don’t understand the terms, demand that a competent insurance agent fully review the details with you.

Don Magruder is the CEO of Ro-Mac Lumber & Supply Inc. He is also the host of the Around the House radio show heard every Monday at noon on My790AM WLBE in Leesburg.

________________________________

Some owners looking to blame others after Hurricane Irma<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.naplesnews.com_story_money_real-2Destate_2017_11_04_some-2Downers-2Dlooking-2Dblame-2Dothers-2Dafter-2Dhurricane-2Dirma_803668001_&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=Sc9yNVIgbfRTl44X75cmPDstinbhrAW8uy5yDrvzV3o&e=>
Naples Daily News

Many Southwest Florida condominium and homeowners’ association owners suffered damage to their unit, home, cars or other possessions as a result of Irma’s wrath.

While most understand that hurricanes are considered no-fault “acts of God” that caused their damage, there have been a few who what to try to have someone else cover their costs of repairs by trying to find fault with their governing association or their neighbor.

Because hurricane insurance deductibles are high (usually 2 percent of the home's value or more), most of the damage owners incurred were under their deductible even though maybe in the thousands of dollars.

Rather than eating the deductible costs like most, some owners have tried to concoct reasons why the association or their neighbor was somehow negligent and should pay for their damage.

We have heard some say that the association or neighbor did not properly trim their trees, properly stake down new planting or properly button down outdoor furnishings before the storm and such items were then blown into their home or unit by the storm.

All an association or a neighbor can do before a storm is act in a reasonable manner to minimize storm damage within the short time frame before it appears the area will be hit by a storm. They can, of course, move pool furniture and other movable objects inside or secure them in another fashion. However, they probably do not have time or manpower to remove awnings or stake down new trees.

It would be a rare instance to show that an association’s or neighbor’s conduct before a hurricane would rise to the level of being legally negligent.

Also, if an association’s common area tree or your neighbor’s tree falls on your fence, pool cage or home, the association or neighbor is not responsible for your damage or responsible to remove the fallen tree. You are responsible to remove that part of the fallen tree on your property and fix your own fence, pool cage or home.

If an owner puts in a claim with the owner’s first party insurance carrier, if its carrier believes the association or some other party was negligent before or during a hurricane thereby contributing to the owner’s damage, the owner’s insurer will bring the owner along in any action to recover damage allegedly caused by the association or another.

Owners must realize that Mother Nature is unpredictable, and as we all know now during hurricanes, the damage inflicted does not discriminate. One home may have a large tree fall on it, another may lose part of its roof and other may be flooded, while the neighboring home may have only a little pool screen tears or no damage at all.

So it really is the luck of the draw how much one’s property will or will not be damaged in a hurricane and owners need to understand whatever damage they have is almost always the storm's fault and not any fault of anything or anybody else. So owners need to repair their property and move on and quit trying to find scapegoats.

Rob Samouce is a principal attorney in the Naples law firm of Samouce & Gal, P.A. He concentrates his practice in the areas of community associations including representing condominium, cooperative and homeowners' associations in all their legal needs including the procedural governance of their associations, covenant enforcement, assessment collections, contract negotiations and contract litigation, real estate transactions, general business law, construction defect litigation and other general civil litigation matters. This column is not based on specific legal advice to anyone and is based on principles subject to change from time to time. If you have any questions about the column, Rob can be reached at www.SandGlawfirm.com<http://www.SandGlawfirm.com>.

________________________________

What is the best way to verify a contractor is licensed?<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.tcpalm.com_story_money_real-2Destate_2017_11_05_what-2Dbest-2Dway-2Dverify-2Dcontractor-2Dlicensed_791835001_&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=9cBE7abawGWVc8A9hVthcV_rAWqAmtgnHsQy4atQi4U&e=>
TCPalm

Editor’s note:  Attorneys at Goede, Adamczyk, DeBoest & Cross, PLLC, respond to questions about Florida community association law.  The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.

Q: Our condominium only hires licensed contractors.  We always ask to see their license, but is there any way to confirm the license?
—RT,  Port St. Lucie

A: This is a good practice.  That being said, we routinely review contracts where the license number is not on the contract and the client never asks for it.  The Florida Department of Business and Professional Regulation has a website (www.myfloridalicense.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.myfloridalicense.com_&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=eIUnidVYtvthIDOEEL6EbGz8eZC6ZL-r2xfm3u1j6Tk&e=>) that has a very helpful search engine to verify most licenses.
Because general contracting licenses are difficult to obtain, many licensed contractors will “qualify” a business where the business does not have its own independent license.  While this is common practice and legal, it is often not done correctly and the result is that you may be contracting with an unlicensed contractor.   Also, note that the licensing requirement is not based on the name of the contract, but rather the nature of the work under the contract.  If you are considering a contract to re-design a common space but the contract includes hiring subcontractors to perform construction work, you may be signing a construction contract even though it is labelled a design contract.  It is important that the licenses match the work being done.

Q: Our condominium issued a $500 special assessment for hurricane Irma damage.  My neighbor said his assessment was covered by insurance.  How can you insure that?
—ED, Fort Pierce

A: In a condominium, Florida law requires every HO6 insurance policy covering the inside of the unit to include at least $2,000 of loss assessment coverage with a maximum deductible of $250.  Generally, this means that if the Board levies a $500 special assessment to repair damage caused by a single hurricane event (such as Irma), every owner with a policy will likely have coverage for reimbursement minus their specific deductible.  Note, however, that the statute does open the door for each carrier to craft various exclusions to coverage, so there is a potential that the claim will not be covered depending on the specific language of each policy.

Q: Our manager is being bombarded with emails from a single resident.  The resident is never satisfied and keeps emailing with new questions and complaints.  Our manager is doing his best to respond, but we believe he is spending too much time responding to this resident.  What can we do?
—TD, Stuart

A: In both a condominium and homeowners association, there is no legal requirement to respond to email questions.  As you correctly mention, there is often an owner that monopolizes the manager’s time through emails, questions, and requests to inspect records.  In a condominium, the statute does require the condominium to respond to “written inquiries” when submitted by certified mail, but the statute also authorizes the Board to limit the number of inquiries to prevent your problem.
It is understandable that the manager wants to timely and sufficiently respond, but the Board also needs to make sure the manager is able to do his or her job effectively and that may require a limit on the number of responses or asking the owner to ask these questions at Board meetings.

Steven J. Adamczyk Esq., is a shareholder of the law firm Goede, Adamczyk, DeBoest & Cross, PLLC.  Visit www.gadclaw.com<http://www.gadclaw.com> or ask questions about your issues for future columns, send your inquiry to: question at gadclaw.com<mailto:question at gadclaw.com>.
The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

________________________________

In the eye of the storm: Hurricane Irma puts sole community provider in Key West to the test<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.modernhealthcare.com_article_20171104_NEWS_171109966_in-2Dthe-2Deye-2Dof-2Dthe-2Dstorm-2Dhurricane-2Dirma-2Dputs-2Dsole-2Dcommunity-2Dprovider&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=DyUfyp9SGkJ2tJdCSasI8TJF4QHEH42qGhUpmJOzlhs&e=>
Modern Healthcare

Being the sole community provider is a challenge anywhere, but in a place like the Florida Keys, the burden is magnified, especially when the Atlantic Ocean is restive.

After all, "it's not a matter of if a hurricane is going to hit, it's when a hurricane is going to hit," said David Clay, CEO of Lower Keys Medical Center, the sole provider for Key West.

And when a hurricane hits, as Irma did in early September, a hospital's service to its community is truly tested.

Adhering to a mandatory evacuation, Lower Keys Medical Center shut its doors, including to the emergency department. If the hospital's ED isn't open though, first responders can't work because there's nowhere to seek care if someone is hurt on the job. The city's EMS cannot begin search and rescue. Water and electric companies will not send workers to restore water and power to the city.

"If we don't open, none of them work. So that means the entire recovery efforts for the Keys are at a standstill," said John Emery, Lower Keys Medical Center's chief operating officer.

More than a month after Hurricane Irma tore through the Florida Keys, Lower Keys Medical Center is still grappling with its aftermath. About 5% of the facility's employees still haven't returned after the storm devastated the Keys and flattened their homes. Another 28 employees lost everything. The majority of those employees are shuffling from one hotel to the next, while Lower Keys Medical does what it can to find them shelter.

Franklin, Tenn.-based Community Health Systems, owner of Lower Keys Medical, said hospital response efforts in the face of hurricanes Irma and Harvey reduced operating revenue in the third quarter by $40 million.

Knowing that the Florida Keys is ground zero during hurricane season, the hospital and other local partners every June hold a full-scale mock evacuation drill with the North Carolina National Guard standing in as live patients.

Hurricane Irma formed in late August and made its way toward Florida. By the time it slammed into the Keys on Sept. 10 as a Category 4 monster packing 130 mph winds, Lower Keys Medical and other CHS-owned Florida hospitals had been prepping for about a week, holding two-a-day conference calls.

Lower Keys loaded up on 15,000 gallons of diesel fuel for generators. It stockpiled food, water, pharmaceuticals and linens. It shuttered windows and made sure that it had several satellite phones. Staff even readied Emery's boat to transport team members post-hurricane if a bridge were to crumble during the storm.

Florida Gov. Rick Scott ordered a mandatory evacuation of Monroe County on Sept. 6. On the same day, Lower Keys Medical Center evacuated 13 of its medical and behavioral health patients to Gadsden (Ala.) Regional Medical Center. Starting that night, any Lower Keys' staff members that chose to keep working in the ED did so as volunteers.

About 20 employees, including nurses, an ED physician, a respiratory therapist and the assistant CEO, chose to stay. Some sheltered inside the hospital, while other staff stayed at a local hotel rated to withstand the most powerful storm, a Category 5. A few more holed up in an ED physician's home. CEO Clay and COO Emery evacuated together and ran incident command from Bradenton, Fla., just south of Tampa. Emergency medical services officials for the area were informed about each employee's location.

"A lot of the staff that stayed chose to stay because they care deeply about our community and they want to make sure that when those first responders are ready to get back on the road and start working, that they're here to provide for them," said Assistant CEO Matthew Conrad, who didn't evacuate.

The hospital closed its ED for the first time in a decade on the morning of Sept. 8. Just a few hours after Hurricane Irma blew through Key West on the morning of Sept. 10, the ED opened again at 3 p.m. for first responders and the critically injured. The hospital fully re-opened a week after the storm on Sept. 18.

Reopening the ED and the rest of the hospital so quickly took coordination and communication between the corporate office, Lower Keys' Medical Center leadership in Bradenton, medical staff on the ground in Key West, and city and county officials.

After the storm, the city sent a firetruck to track down the nurses and other staff who had sheltered in Key West and headed to the hospital to begin cleaning up. The hurricane had downed palm trees and stripped the mangroves bare of their leaves. A few of the hospital's windows shattered, but the ED was largely in good condition.

Medical center staff set up a makeshift command center in the front lobby to keep track of employees as they arrived back at the hospital during the week and dole out assignments. All employees pitched in to clean the inpatient side of the hospital, scrubbing walls and taking out the trash.

Coordination with CHS executives in Tennessee helped secure resources needed to re-open, including the fuses and engineers needed to get the chillers up and running, as well as the reagents needed for the laboratory.

Absent a working lab or radiology unit, doctors and nurses relied on their training to make clinical decisions without diagnostic tests.

"We fell back into the habit of doing what medicine used to be, which is making a clinical decision based on a history and physical and limited diagnostics and saying this person needs to be admitted or they don't," said Dr. Matthew Patrick, an emergency medicine doctor at the hospital

Though Key West didn't have flowing water after the storm, an aqueduct provided non-potable water. Before the city's water plant was operating, the fire department transported water via fire engines to keep its chillers running. That's a testament to the importance of building relationships, Clay said.

"Those relationships, you don't build those during a storm," he said. "Those relationships have to be developed along the way."

________________________________

Why Atlantic Hurricanes Don't Form In Winter And Spring. Or Do They?<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.forbes.com_sites_marshallshepherd_2017_11_05_why-2Datlantic-2Dhurricanes-2Ddont-2Dform-2Din-2Dwinter-2Dand-2Dspring-2Dor-2Ddo-2Dthey_-236a2d3b0428ba&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=B5TNehAVUbLP1DqgDNddDq33J-73vn0sF96qapcE6nM&e=>
Forbes

The record-breaking 2017 hurricane<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.miamiherald.com_news_weather_hurricane_article177950476.html&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=6k_Q4lbCd0hasVaAocNoHmhZe-q4LgDBLYq5x1RZSmQ&e=> season is drawing to a close. It has been one that scientists, policymakers, and scholars will talk about for decades. As I write this, the National Hurricane Center is keeping an eye on a system in the Atlantic<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nhc.noaa.gov_gtwo.php-3Fbasin-3Datlc-26fdays-3D2&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=jtgYDeH-YCQjojj3oi2xJ6iP5zlNW8cPuJuLNrKiOww&e=> so we may not be done just yet.  Because I am an atmospheric scientist and professor, people often ask me why the Atlantic hurricane season spans June 1st to November 30 (or conversely why do we not see hurricanes in the winter and spring). Here is the answer.

[https://blogs-images.forbes.com/marshallshepherd/files/2017/11/DMCDh69WsAAY-Vz.jpg?width=960]NASA
Hurricane Ophelia on its way to the Ireland during the 2017 Atlantic basin hurricane season.

The Atlantic hurricane season starts on June 1st. This is also the start of meteorological summer. Meteorologists and climatologists define seasons somewhat differently than everyone else (See my explanation in Forbes<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.forbes.com_sites_marshallshepherd_2016_03_01_march-2D1st-2Dis-2Dthe-2Dstart-2Dof-2Dspring-2Dsort-2Dof-2Dhow-2Dmeteorological-2Dand-2Dastronomical-2Dseasons-2Ddiffer_-2373afd802835f&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=jir7FVPdKeKKkaCbNxOSlj-zOhGrQsdK6Ed-V8Tkto8&e=>). However, the peak of the Atlantic hurricane season is typically in September. Mid-August to mid-October is when we see over 74% of tropical storm days, 87% of category 1-2 hurricane days, and over 95% of category 3-5 (major) hurricane days. There are a couple of explanations why according to the National Oceanic and Atmospheric Administration (NOAA) website<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.noaa.gov_stories_peak-2Dof-2Dhurricane-2Dseason-2Dwhy-2Dnow&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=-hxBPXqQ6NLx0wb5YACQ9lmY89Y8XJqnwfTKIBA02hg&e=>,

Wind shear, which can tear disturbances apart before they strengthen, is strong in May, but gradually fades through June and July, reaching a minimum by mid to late August. This minimum in the shear combines with favorable thermodynamics – ocean temperatures in the deep tropics that increase with each day of summer sun, warmer air temperatures, and increasing atmospheric moisture.

Oceans (water) have great heat capacity than land masses because of something called specific heat. Specific heat is defined as the amount of heat for some given unit mass that is required to increase temperature by 1 degree C. Because of its higher specific heat, it takes water longer to heat up or cool down than dry soil (land). This explains why the Atlantic waters are warmer in September than in June. It also why it is much more uncomfortable walking on a sandy beach during the daytime and why I tell my kids that our neighborhood pool is going to be pretty cold in May (even though it opens). Additionally, mixing in the ocean contributes to its slower pace of heating.

[https://blogs-images.forbes.com/marshallshepherd/files/2017/11/PHOTO-Tropical-storm-and-hurricane-days-Atlantic-basin-81916-NOAA-831x546-Landscape.jpg?width=960]NOAA NHC
Peak of the Atlantic basin hurricane season.

The aforementioned explanation also explains why the Atlantic hurricane season essential shuts down just before the start of meteorological winter (December 1st). During the winter and spring, there is significantly more wind shear and the ocean waters gradual start to cool. There is also a lag between peak air temperature heating (and cooling) and ocean temperature changes. As NOAA tropical weather expert Christopher Landsea notes<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.aoml.noaa.gov_hrd_tcfaq_G4.html&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=LVZgkI8boTysxXKG-xUAYl2RJTnvbBRBIiEVuILbh-M&e=>,

“While one would intuitively expect tropical cyclones to peak right at the time of maximum solar radiation (late June for the tropical Northern Hemisphere and late December for the tropical Southern Hemisphere), it takes several more weeks for the oceans to reach their warmest temperatures. The atmospheric circulation in the tropics also reaches its most pronounced (and favorable for tropical cyclones) at the same time. This time lag of the tropical ocean and atmospheric circulation is analogous to the daily cycle of surface air temperatures - they are warmest in mid-afternoon, yet the sun's incident radiation peaks at noon.”

[https://blogs-images.forbes.com/marshallshepherd/files/2016/01/Slide11.jpg?width=960]Alex Lamars
Facts about Hurricane Alex. Figure courtesy of Alex Lamars via Twitter.

However, some have started to ask if the concept of a "hurricane season" is obsolete. Tropical cyclones can form outside of the June 1st to November 30th window. I remember the 2005 Atlantic basin hurricane season, which actually ended in January 2006 (with a storm bearing a Greek letter name because we ran out of names for the season)). In 2016, Hurricane Alex formed in January to kick off the Atlantic basin season<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.forbes.com_sites_marshallshepherd_2016_01_14_exploring-2Dthe-2Dmany-2Doddities-2Dof-2Dhurricane-2Dalex-2Din-2Dthe-2Datlantic-2Docean_-2341d2ad4f6cd3&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=8iX8Ej_MUv6BEmN2Ad74fmEtmuXYs0d4ZTkzG6x0v64&e=>. It was only the second hurricane on record to form in January and the strongest to do so. The 1985 season had tropical storms through December<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.forbes.com_sites_marshallshepherd_2016_11_25_alex-2Dto-2Dotto-2D2016-2Dwas-2Dthe-2Dyear-2Dlong-2Dhurricane-2Dseason_-2368391ce38787&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=7isQheIjY0l0ub037F0VIILiWfDF0Vmoo141PfvYLDg&e=>. The figure below shows when storms typically form in the Atlantic basin on average.

[https://blogs-images.forbes.com/marshallshepherd/files/2016/11/screenshot_304.jpg?width=960]NOAA
Total and average number of tropical cyclones by month.

In a 2016, American Meteorological Society Blog<https://urldefense.proofpoint.com/v2/url?u=http-3A__blog.ametsoc.org_uncategorized_time-2Dto-2Dlengthen-2Dthe-2Dofficial-2Dhurricane-2Dseason_&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=zl_06PC6r7V_Uo_rrl68ED-nlucbFyo1hdSXdDl69R8&e=>, the question was raised about whether the Atlantic "hurricane season" should be lengthened. The blog pointed out,

“In the past decade, half of the Atlantic’s seasons had “preseason” storms. In 2012, two storms—Alberto and Beryl—were named before the season officially started. And last year, Ana formed east of Georgia on May 7. Granted, it was initially a subtropical storm, a hybrid with both tropical features and features of midlatitude cyclones. But waters were warm and Ana became fully tropical in just days, and moved ashore in South Carolina on May 10.”

Experts note that the current length was established in 1965 based on the formation dates of 97% of tropical cyclone activity in the basin. However, research published in Geophysical Research Letters by Jim Kossin at the University of Wisconsin<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ssec.wisc.edu_-7Ekossin_articles_2008GL036012.pdf&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=6cUIq9eSks3b18TY70Hpdba4na4BfON9X9bswdooBP0&e=> found that warming sea surface temperatures were leading to more "pre" and "post" season storms. A more recent study the Journal of Meteorological Research<https://urldefense.proofpoint.com/v2/url?u=https-3A__link.springer.com_article_10.1007_s13351-2D016-2D5119-2Dx&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=ATblQ8qaHqXfdp0bPfeSAYWo10vfAhgec6JbPEBdWwI&e=> investigated relationships between sea surface temperatures and early onset. A 2017 study in the Journal of Climate found relationships between El Nino and the tropical cyclone season onset<https://urldefense.proofpoint.com/v2/url?u=http-3A__journals.ametsoc.org_doi_abs_10.1175_JCLI-2DD-2D16-2D0888.1&d=DwMFAg&c=-Q2oFtSeUeVdqcGrCCygxt6LResmVl0POOzRQwCZt0Q&r=JzxZ6kWoCgxBJ2xiMZfIcsJ1K0Ty8_j74y8X4EL7hZo&m=P98WvGRxUnGz4LwV-jsTjqpXiUUlRrlI4BZGXOyPx0Q&s=aLgVdoQHl04rNOhgY3fvSi_CsoHvC_39WWZIuAaIqrc&e=> in the Pacific basin. Such research and "common sense" observations of what is happening recently suggest that continued research into roles of natural variably and possible human-related is warranted.

________________________________

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