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2006-03-10 BOD MeetingPUBLIC RISK MANAGEMENT OF FLORIDA BOARD OF DIRECTORS MEETING Chateau Elan Sebring, FL March 10, 2006 AGENDA 10:00 am Call To Order John Litton, Chairperson Consent Agenda 1. Request Approval of December 9, 2005 Board Meeting Minutes 2. Request Approval of Treasurer's Report as of December 31, 2005 Any Board Member may request to have an item removed from the Consent Agenda and placed on the Regular Agenda for further discussion. Regular Agenda 3. Executive Director's Report Ross Furry, Executive Director A. Status on Hurricane Claims B. Property Appraisals 4. Request Board Approval of New Loss Prevention — Employment Practices Position 5. Request Board Approval of Insurance Consultant 6. Broker's Report Andy Cooper, A.J. Gallagher & Co. A. Renewal Applications and Property Appraisal B. Market Update Mike Berend from Risk Placement Services (RPS) C. Educational Conference Update 7. Chairman's Item John Litton A. Executive Director Evaluation 8. Guest Speaker: Danni Germano, Attorney at Law, Rigell, Ring & Ardman A. Workers' Compensation Presumption Cases 9. Legal Update Jeffrey S. Weiss, Esquire A. State of Florida v. Ron Andres O'Daniels 10. Board Member Items Public Comment: State full name and address. Discussion must be limited to a maximum of five (5) minutes per person. Adjournment Luncheon immediately following PUBLIC RISK MANAGEMENT OF FLORIDA BOARD OF DIRECTORS MEETING MARCH 10, 2006 CONSENT AGENDA SUMMARY 1. Request Approval of December 9, 2005 Board Meeting Minutes Background: Meeting Minutes attached 2. Request Approval of Treasurer's Report as of December 31, 2005 Background: Financial Reports Attached Bogard Action: Approved Denied Deferred Other BOARD MEETING MINUTES December 9, 2005 PUBLIC RISK MANAGEMENT OF FLORIDA BOARD OF DIRECTORS MEETING Terrace Hotel, Lakeland, FL December 9, 2005 MINUTES Attendance: Kathy Bennett, City of Avon Park; Susan Lee, Town of Belleair; Vivian Hunter, City of Belle Glade; Steve Baumgartner, City of Brooksville; Ted Byrd, City of Clewiston; Linda Stilson, City of Crystal River; Paul Erickson, DeSoto County BOCC; Mike Sheppard, City of Eustis; Delores Avery, City of Fort Meade; Jennifer Valdes, City of Gulfport; Jane Long, Hardee County BOCC; Lester Baird, Hendry County BOCC; Fred Carino, Highlands County BOCC; Martin Schless, City of Indian Rocks Beach; Nancy Beelman, Town of Kenneth City; Lisa Smith, City of LaBeIIe; John Litton, City of Lake Mary; Fred Moody, Levy County BOCC; Jane O'Connor, Town of Longboat Key; Dawn Jackson, City of Longwood; Jeff Sutton, City of New Port Richey; Steve Gailbreath, City of North Port; Donna Reynolds, City of Okeechobee; Robbie Chartier, Okeechobee County BOCC; Dan Hood, City of Oviedo; Phil Wickstrom, City of Punta Gorda; Martin Lange, Sarasota/Manatee Airport Authority; Debra Woodall, Tampa Bay Water; Woody Hubbard, City of Temple Terrace; Terri Svendsen, City of Wauchula; Sharry Boldt, City of Zephyrhills James Bradlock, City of Pahokee, and Diane Kauffman, City of Sebring, attended the meeting as non - voting representatives from their respective cities. Absent: City of Deltona, Glades County BOCC, Hamilton County BOCC, Holmes County BOCC, Town of Lady Lake, Town of Lake Placid, City of Lake Wales, Lee County Port Authority, City of Moore Haven, City of Port Richey, City of Safety Harbor, South Florida Conservancy, City of South Pasadena, City of St. Pete Beach, Sun 'n Lake of Sebring Improvement District, City of Tavares, and City of Winter Garden Chairperson John Litton called the meeting to order at 10:14 a.m. with a quorum present. On behalf of the Board, Mr. Litton recognized Glenn Tobey's contributions to the Pool over the past 18 years. Mr. Tobey, who was instrumental in organizing the Pool, is retiring from Arthur J. Gallagher in January, 2006. Consent Agenda 1. Request Approval of August 12, 2005 Board Meeting Minutes 2. Request Approval of Treasurer's Report as of September 30, 2005 Jane Long made a motion to approve the consent agenda. Paul Erickson seconded the motion and it was unanimously approved. Regular Agenda 3. Executive Director's Report A. Report on Hurricane Losses — Mr. Furry reported on claim status for the five hurricanes in 2004/05. Charley — 987 claims, $39.7 million reserved, $29.7 million paid Frances — 97 claims, $962,000 reserved, $380,000 paid Ivan — 2 claims, $343 paid; no outstanding reserves Jeanne —140 claims, $6.3 million reserved, $2.7 million paid Wilma — 306 claims, $5 million reserved, no payments to date Crawford & Company is being used as the excess carriers' adjusting firm for Wilma claims. CJW is the adjuster for claims on the other four hurricanes. B. 2006 National PRIMA Conference — The conference will be held June 11 -14 in Las Vegas, Nevada. Mr. Furry reminded members of the $1000 PERI scholarship application deadline of February 24, 2006. PRM will also offer scholarships. The deadline for submission is February 1, 2006. C. Certificate of Insurance /Additional Insured — Many members entered into agreements with Pinellas County for EMS several years ago. The cities involved in the interlocal agreements are required to provide Pinellas County with a certificate of insurance (COI) naming the County as additional insured. PRM does not allow additional insured on certificates. Some city attorneys question if there is immunity for a governmental agency to give a COI to another governmental agency. This question has been submitted to the Attorney General's office. Upon receipt of their opinion, members will be advised if PRM will allow additional insured between govemmental entities. D. Members Notice of Intent to Withdraw 2006 — Mr. Furry advised 4 members submitted notices this year: DeSoto County, City of Indian Rocks Beach (3`d notice in 3 years), Levy County, Tampa Bay Water. PRM Loss Prevention staff has improved the Safety Talks program that will be sent by e-mail rather than fax. Mr. Furry announced the addition of Bonnie Mims to the PRM staff, effective 12 -1-05. She will focus on HR issues with members. 4. Broker's Report A. Program Structure & Changes — Policies were distributed at the meeting. Andy Cooper reviewed major coverage changes for 2005/06. Workers' Comp Self Insured Retention (SIR) increased from $250,000 to $500,000. Excess Workers' Comp now attaches at $1 million instead of $500,000. The Named Windstorm SIR has a maximum of $750,000, instead of $500,000. The 2% is now per building and not per site. Excess Property carriers do not recognize the maximum 2 windstorm SIR in the coverage document. The 2% is unlimited. However, they are allowing the coverage document limit and SIR limit of $2.5 million to erode the 2% windstorm. The Maintenance Deductible has increased from $500 to $1000, except for Employees Personal Property and Employees Tools. Fine Arts limit was increased from $1 million "ground up" to $2.5 million "ground up ". The Association Annual Aggregate for Errors & Omissions has been increased from $25 million to $28 million. A Vacant Building Endorsement is now in the coverage document and comes into effect if the building has been vacant more than 90 days. B. The Property Market — What We Know About the Market After This Year's Hurricanes Mr. Tobey reported that the property market has been hit hard. Capacity is shrinking and property premiums are doubling and tripling. Additionally, next year Florida has a 6.8% surcharge established by Tom Gallagher because of the Citizens Insurance Company, which is $600 million in debt. Mr. Tobey advised members to expect significant property premium increases. The broker will put together a line slip for PRM. Suzanne Brandt, Managing Director with CRC Insurance Services, reported that the property market has been very difficult during the past 60 -90 days and likened it to the hard casualty market in the 1980's. She commented on capitalization in the marketplace. In a recent article, it is estimated that approximately $10 billion of capital is returning to the marketplace via Bermuda, via carvers selling shares to raise capital and attract new investors. However, an estimated $80 billion left the marketplace. Some carriers have exceeded their catastrophe treaties, forcing them to pay premiums again for automatic reinstatement even if there was only one day left on their treaty. Many carriers rely on modeling. The loss estimate was $40 -$60 billion on hurricanes, $20 -$25 billion on wind surge, and $15 -$25 billion on flooding. New models will be implemented next May, but in the meantime, it was suggested to double or triple the PML (probable maximum loss). Non PML writers will want to be in the upper levels to avoid a loss. This will add more carriers and increase pricing. Regulatory agencies, such as Standard and Poors and BEST, are meeting with catastrophe writers to assess their ability to stay in business. Carriers are committing to the more updated modeling version, cutting back on their capacity, and spread writings over larger areas of the U. S. to help spread risk. BEST and S &P both want insurance companies writing catastrophe business to be able to withstand two Katrina type storms in one policy year. Since October 1st, Ms. Brandt said it has become a struggle in Florida to obtain $150- $250 million capacity. Bermuda markets are now being utilized where traditionally they were more expensive than domestic markets. [The representative from Clewiston entered the meeting at 10:45 a.m.] 3 C. Property Appraisals — Mr. Cooper advised the renewal application process will begin in January. He stressed the importance of thoroughly checking property appraisals to ensure all items are listed. He reminded members to submit changes to PRM as they occur throughout the year and not wait until year -end. D. Educational Conference 2006 — The annual conference will be held June 21 -23 at the Hilton on Marco Island. 5. Legal Update A. Police Liability for Mistaken Identity at the Time of Arrest — Jeffrey Weiss reviewed a lawsuit against the City of Lake Mary and one of its police officers. The suit was brought forth by a victim of identity theft, who was arrested on an outstanding felony warrant. On a motion to dismiss the complaint, the Court had to decide if there was a constitutional violation involved. The judge ruled in favor of the police officer and dismissed him as a defendant from the lawsuit. The attorney for the City of Lake Mary will now be able to argue that because there was no underlying constitutional violation, the City of Lake Mary should not be a defendant in the lawsuit. 6. Board Members Items A. Establish Meeting Dates for Calendar Year 2006 Proposed dates are: March 10 — Chateau Elan, Sebring June 22 — Hilton Hotel, Marco island (annual conference) August 11 — Terrace Hotel, Lakeland December 8 — Terrace Hotel, Lakeland Martin Lange made a motion to accept the meeting dates and locations for 2006, seconded by Mr. Erickson. Motion was unanimously approved. .There was no Public Comment. The meeting adjoumed at 11:00 a.m. Respectfully submitted, Judith A. Hearn Assistant Executive Director Secretary to PRM Board JAH:smb O:Uudy\BD MTGS\Board of Directors Meeting 12 -09-05 4 Treasurer's Report As of December 31, 2005 PUBLIC RISK MGMT OF FL BALANCE SHEET DECEMBER 31, 2005 CURRENT ASSETS PETTY CASH $ 75.00 OPERATING -SO TRUST 28,899,799.59 INVESTMENT TRANSFER ACCOUNT 4,146.13 AIR MEMBERSHIPS 1,389,982.92 A/R TRADE 93.46 A/R CONSULTANT FEE- MEMBERS 452.41 A/R- REINSURANCE RECOVERIES (4,700,140.15) A/R OTHER 141.38 A/R-STATE W/C ASSESSMENT (242,579.28) A/R- APPRAISALS 767.00 A/R - ADDITIONAL INSURANCE 501.21 DUE FROM MEMBERS 1,036,049.00 STATE ADMIN. FUND 12,756,115.30 SOUTHTRUST SECURITIES 522,476.29 TOTAL CURRENT ASSETS 39,667,880.26 PROPERTY AND EQUIPMENT FURNITURE & FIXTURES 33,625.98 LESS: ACCUM. DEPRECIATION (27,366.23) OFFICE MACHINES & EQUIPMENT 83,248.88 LESS: ACCUM. DEPRECIATION (61,633.13) AUTOMOBILE 116,752.77 ACCUMULATED DEPRECIATION (17,140.31) TOTAL PROPERTY & EQUIPMENT 127,487.96 OTHER ASSETS PREPAID INSURANCE 6,497,696.42 PREPAID FLOOD INSURANCE 94.49 PREPAID EXPENSES 4,634.79 DEFER MEMBER CONTR - 1987 -89 183,808.00 DEFER MEMBER CONTR - 1989 -90 295,679.00 DEPOSITS 5,665.06 TOTAL OTHER ASSETS 6,987,577.76 TOTAL ASSETS LIABILTIIES ACCOUNTS PAYABLE $ (116,938.68) A/P - GALLAGHER/RISX -FACS (1,405,240.18) FEDERAL TAXES PAYABLE (46.12) PEBSCO PAYABLE (189.42) A/P EMP LIFE INS (407.22) A/P RELOCATION EXPENSES 178.64 A/P - OTHER 4,840.49 A/P - LOSS PREVENTION 14,927.54 ACCRUED VACATION 41,121.55 ADVANCE FROM REINSURER 4,341,369.26 CLAIMS PAYABLE - 1987 -89 166,753.87 CLAIMS PAYABLE - 1989 -90 20,000.00 CLAIMS PAYABLE - 1990 -91 18,727.94 CLAIMS PAYABLE - 1991 -92 (718.40) CLAIMS PAYABLE - 1992 -93 22,141.00 CLAIMS PAYABLE - 1993 -94 16,588.07 CLAIMS PAYABLE - 1994 -95 35,925.58 CLAIMS PAYABLE - 1996/97 28,664.80 CLAIMS PAYABLE - 1997/98 (17,665.19) CLAIMS PAYABLE - 1998/99 (22,812.81) CLAIMS PAYABLE - 1999/00 (73,108.14) CLAMS PAYABLE - 2000/01 (288,909.66) CLAIMS PAYABLE - 2001/02 394,256.23 CLAIMS PAYABLE - 2002/03 2,708,108.39 CLAIMS PAYABLE - 2003/04 (1,007,687.15) CLAIMS PAYABLE - 2004/05 5,724,041.04 CLAIMS PAYABLE - 2005/06 (294,475.50) $ 46,782,945.98 TOTAL LIABILITIES CAPITAL FUND BALANCE REVENUE IN EXCESS OF EXPENSE TOTAL CAPITAL TOTAL LIABILITIES it CAPITAL PUBLIC RISK MGMT OF FL BALANCE SHEET DECEMBER 31, 2005 20,019,386.97 16,454,113.08 10,309,445.93 36,473,500.05 $ 46,782,945.98 PUBLIC RISK MGMT OF FL INCOME STATEMENT FOR THE THREE MONTHS ENDING DECEMBER 31, 2005 CURRENT MONTH YEAR TO DATE REVENUES MEMBERSHIP ASSESSMENTS $ 4,562,948.30 $ 19,021,236.76 INTEREST INCOME 135,899.05 398,301.65 ADMINISTRATIVE TRANSFER 7,791.00 23,373.00 TOTAL REVENUES 4,706,638.35 19,442911.41 EXPENSES OFFICERS' SALARIES 8,892.48 OFFICE SALARIES 34,168.71 PAYROLL TAXES 2,866.24 EMPLOYEE RETIREMENT BENEFITS 7,132.06 HEALTH INSURANCE - OFFICER 587.16 HEALTH INSURANCE - OFFICE 8,094.32 LIFE INSURANCE-OFFICER 71.92 LIFE INSURANCE - OFFICE 141.05 LTD INSURANCE 821.36 AUDIT FEES 8,000.00 AUTO EXPENSE 673.13 TRAVEL EXPENSE 4,040.79 ASSOCIATION MEMBERSHIPS 0.00 DUES & SUBSCRIPTIONS 90.00 EDUCATION/TRAINING /CONFER. 0.00 OFFICE LEASE 5,835.77 JANITORIAL / CLEANING 290.00 OFFICE/COMPUTER EQUIPMENT 812.50 TELEPHONE 1,620.79 COPY MACHINE LEASE 258.23 OFFICE SUPPLIES 1,350.38 POSTAGE 692.39 INSURANCE - FLOOD/GENERAL 0.00 LOSS PREV EQUIP & SUPPLIES 3,181.65 MARKETING & PROMOTION 0.00 MEETING EXPENSE 7,825.21 MISCELLANEOUS EXPENSE 452.77 HURRICANE EXPENSE' 0.00 NON - BUDGET - BOARD APPROVAL 0.00 GALLAGHER MGMT FEES 93,310.08 GALLAGHER EXCESS INSURANCE 727,117.17 CLAIMS EXPENSE 87,834.67 TOTAL EXPENSES 1,006,160.83 REVENUE IN EXCESS OF EXPENSE $ 3,700,477.52 $ 28,900.55 109,654.40 9,177.36 12,132.97 1,761.48 21,972.56 215.76 391.98 2,464.08 8,000.00 1,008.30 8,948.59 310.00 547.96 2891.54 23,343.08 590.00 5,710.66 4,954.41 516.46 2,165.59 2,402.38 1,000.00 4,303.60 90.00 7,875.21 1,046.53 768.92 868.20 279,930.24 2181,351.51 263,504.01 2,988,798.33 16,454,113.08 SALARY RELATED EXPENSES OFFICERS' SALARIES OFFICE SALARIES PAYROLL TAXES EMPLOYEE RETIREMENT BENEFITS HEALTH INSURANCE - OFFICER HEALTH INSURANCE- OFFICE LIFE INSURANCE - OFFICER LIFE INSURANCE- OFFICE LTD INSURANCE TOTAL SALARY RELATED EXPENSES PUBLIC RISK MGMT OF FL EXPENSES TO BUDGET FOR THE Three MONTHs ENDING December 31, 2005 MONTHLY MONTHLY Y -T -D Y -T -D TOTAL YEAR ACTUAL BUDGET ACTUAL BUDGET BUDGET 8,892.48 9,633.50 28,900.55 28,900.50 115,602.00 34,168.71 36,753.42 109,654.40 110,260.26 441,041.00 2866.24 3,548.50 9,177.36 10,645.50 42,582.00 7,132.06 3,884.75 12,132.97 11,654.25 46,617.00 587.16 634.50 1,761.48 1,903.50 7,614.00 8,094.32 8,003.08 21,972.56 24,009.24 96,037.00 71.92 69.33 215.76 207.99 832.00 141.05 133.00 391.98 399.00 1,596.00 821.36 937.92 2,464.08 2,813.76 11,255.00 62775.30 63,598.00 186,671.14 190,794.00 763,176.00 GENERAL EXPENSES LEGAL FEES 0.00 1,000.00 0.00 3,000.00 12,000.00 LEGAL-PRE-DEFENSE 0.00 625.00 0.00 1,875.00 7,500.00 AUDIT FEES 8,000.00 2,583.33 8,000.00 7,749.99 31,000.00 ACTUARIAL STUDY 0.00 1,166.67 0.00 3,500.01 14,000.00 APPRAISAL FEE EXPENSE 0.00 208.33 0.00 624.99 2,500.00 AUTO EXPENSE 673.13 250.00 1,008.30 750.00 3,000.00 TRAVEL EXPENSE 4,040.79 2,375.00 8,948.59 7,125.00 28,500.00 ASSOCIATION MEMBERSHIPS 0.00 250.00 310.00 750.00 3,000.00 DUES & SUBSCRIPTIONS 90.00 20833 547.96 624.99 2,500.00 EDUCATION/TRAINING /CONFER. 0.00 2083.33 2891.54 6,249.99 25,000.00 OFFICE LEASE 5,835.77 5,985.83 23,343.08 17,957.49 71,830.00 JANITORIAL / CLEANING 290.00 300.00 590.00 900.00 3,600.00 OFFICE/COMPUTER EQUIPMENT 812.50 1,500.00 5,710.66 4,500.00 18,000.00 TELEPHONE 1,620.79 2,166.67 4,954.41 6,500,01 26,000.00 COPY MACHINE LEASE 258.23 250.00 516.46 750.00 3,000.00 REPAIRS & MAINT. - EQUIPMENT 0.00 166.67 0.00 500.01 2,000.00 OFFICE SUPPLIES 1,35038 1,166.67 2165.59 3,500.01 14,000.00 NEWSLETTER 0.00 333.33 0.00 999.99 4,000.00 POSTAGE 692.39 916.67 2,402.38 2,750.01 11,000.00 PRINTING 0.00 166.67 0.00 500.01 2,000.00 INSURANCE - FLOOD /GENERAL 0.00 250.00 1,000.00 750.00 3,000.00 LOSS PREV EQUIP & SUPPLIES 3,181.65 1,833.33 4,303.60 5,499.99 22,000.00 MARKETING& PROMOTION 0.00 375.00 90.00 1,125.00 4,500.00 MEETING EXPENSE 7,825.21 2,00833 7,875.21 6,024.99 24,100.00 MISCELLANEOUS EXPENSE 452.77 20833 1,046.53 624.99 2,500.00 TRAINING /SEMINAR PRESENTATION 0.00 500.00 0.00 1,500.00 6,000.00 WEB SITE MAINT. 0.00 566.67 0.00 1,700.01 6,800.00 HURRICANE EXPENSE' 0.00 0.00 768.92 0.00 0.00 NON - BUDGET - BOARD APPROVAL 0.00 0.00 868.20 0.00 0.00 TOTAL GENERAL EXPENSES 35,123.61 29,444.16 77,341.43 88,332.48 353,330.00 TOTAL OPERATING EXPENSES 97,898.91 93,042.16 264,012.57 279,126.48 1,116,506.00 PUBLIC RISK MANAGEMENT OF FLORIDA BOARD OF DIRECTORS MEETING MARCH 10, 2006 REGULAR AGENDA SUMMARY Executive Director's Report Ross Furry A. Status on Hurricane Claims B. Property Appraisals No Board Action Necessary Page 1 of 1 Ross D. Furry From: Terri_Morris @gbtpa.com Sent: Thursday, February 23, 2006 11:04 AM To: Ross D. Furry; Andy_Cooper @ajg.com Cc: Terri_Morris @gbtpa.com; Bill_Girman@gbtpa.com Subject: Storm claim recap Charley: 987 claims: 266 open; 721 closed $40,175,526 reserved $31,537,611 paid Frances: 97 claims: 76 open; 21 closed $962,405 reserved $379,185 paid Ivan: 2 claims, both closed $343 paid; no outstanding reserves Jeanne: 149 claims: 98 open; 51 closed $6,345,406 reserved $3,170,604 paid Wilma: 353 claims: 299 open; 54 closed $6,036,175 reserved $797,637 paid Please let me know if you need anything else! Smiles, Terri ********************* * * * * * * * * * * * * * * * * * * * * * * * *** *** ** Teresa Morris, AIC, AIS Assistant Branch Manager, GB -Ft. Myers 800- 541 - 3322, x201 239 - 334 - 3333, x201 239 - 334 -3144, fax No arsenal, or no weapon in the arsenals of the world, is so formidable as the will and moral courage of free men and women. Ronald Reagan 2/23/2006 (770) 829 -3331 ♦ Fax: (770) 730 -8410 • mike_berend @rpsins.com saaIA.Ias Watuaalid )js luapisam aaIA puaaag aIiN 900Z `0I Public Risk Management of Florida c') co uI0.1J Jap.arl • • Other Accounts Experience & Open Discussion • What does this mean to PRM? s.IaA!JQ lsop • • Challenges and Anticipated Underwriting Changes • Factors Affecting Market Conditions • Hurricane Katrina / Catastrophe Overview • uopanpo.ijul 0 CD situotssajoid aauiunsui Jo Iwo jua.una • •sp1AJuoa Au1diuoa aatteinsu! pL .nano aA1u ApuaiAn3 • o . r • Ind • 5 d d c -. n et et o law 4=6 = *i O • P C cD P b n O it y © = , O 5 a P W b O -..■ = 0 csi) . ci ..4:::, � n' O O A: oft CD /1- 1 *0 NI o CD t;- c' et = Ro z -. z CI c°0 Q 0 n Q° (D CD tO cD N c Q . 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'"Ci CD 0 0 -.-1-) 0--a • R ° c4 O 0 est c4 CD cf) 0-t 0-• • 0 n n 0 r-r- III ESSEXINSURANCECOMPANY MARKEL MEMO Date: To: From: Re: February 13, 2006 All Special Property Producers Gary Micetich Senior Vice President Essex Special Property - 2006 As we all know, the last few years have been difficult for both of us as well as the industry at large. While ESP and Essex have managed the financial impact as well or better than our peer Companies, the increased frequency and severity of the hurricane losses has necessitated some underwriting changes. As our producers, you have done a fantastic job assisting us in managing that change. Thank you for your continued support. One of the reoccurring things I hear from you is that communication is critical in dealing with change and I agree. It is in this spirit that I want to communicate some issues that I want you to be aware of. We started this dialogue at NAPSLO last September. While our response to those storms was not fully developed we did communicate capacity, pricing and risk selection changes. These previously communicated changes are still in full effect. What I wish to communicate with you at this time are additional impact items. The Hurricanes and Katrina in particular highlighted certain vulnerability in our Wind and Earthquake portfolios and the way we managed that risk. We have taken a critical view of our positions and decided that we need to reduce the overall size of the two books. This is not a simple matter of line- setting nor is it a simple matter of lower policy level capacity. We need to make some serious reductions in peak zone accumulations, policy counts, and paybacks. We expect to see a decrease in our renewal retention as well as our new business hit ratio. These changes will affect our entire product line not only Wind but DIC including both primary and excess. We are not going into moratorium. This is a tactical rightsizing of the book and the main tool we will use to remediate, is price. This simply means that if we get our price, we'll write it. If not, we won't. This applies to both new and renewal. Over the past several weeks I have seen my underwriters in Woodland Hills and Richmond dutifully implement these directives. You may have already experienced this or have received feedback from your colleagues as to our actions. I wanted you to know that your observations have been correct. We have and are implementing significant change at ESP. Our overall intent of course, is to provide you with an even stronger catastrophe market in ESP. As 2006 unfolds and the market finds its equilibrium, reinsurance markets stabilize and cat capacity becomes affordable, ESP will continue to change and adjust our underwriting approach in a positive way. We remain committed to the ESP core product line and the needs of the wholesale broker. Thanks again for your support and I'll be at the NAPSLO Mid -Year to discuss these and other changes at ESP. Hope to see you soon. PUBLIC RISK MANAGEMENT OF FLORIDA BOARD OF DIRECTORS MEETING MARCH 10, 2006 REGULAR AGENDA SUMMARY Request Board Approval of New Loss Prevention — Employment Practices Position See Attachment. Board Approval: Approved Denied Deferred Other PUBLIC RISK MANAGEMENT OF FLORIDA 3434 HANCOCK BRIDGE PKWY, SUITE 203 FORT MYERS, FL 33903 1- 800 - 367 -1705 MAIN: 239 - 656 -4666 FAX: 239 - 656 -1066 Serving Florida Public Entities February 23, 2006 TO: PRM Board Members FROM: Ross Furry, Executive Director RE: Upgrade Position to Loss Prevention Consultant * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Since October, 2000, the membership has incurred 130 employment practices liability claims. These claims have been brought for numerous alleged violations ranging from sexual harassment, wrongful terminations, ADA, FMLA, discrimination, retaliation and hostile work environment. In the past five years, the total experience cost of these claims has been $1,320,319 and 68% of the members have experienced at least one claim. Most Pool members will utilize our assigned labor attorneys once a claim is filed with a regulatory agency or litigation is instituted. However, what we find during the evaluation of liability or in the litigation discovery process is that the members' employment policies and procedures are often outdated, not followed, or replaced with informal practices that cannot easily be defended. It is my recommendation that the current position of Loss Prevention — Administrative Assistant be upgraded to Loss Prevention Consultant — Employment Practices with a salary range of $60- $80,000. One of the key functions of this position will be to conduct on -site evaluations and audits to determine potential losses in the area of employment practices and to identify any current deficiency. Additionally, the position will work closely with labor attorneys representing Pool members to ensure compliance with all local, State and Federal employment laws as well as provide specific training and assistance in developing compliant employment policies and procedures to meet the requirements of each independent member. Reynolds Allen of Allen, Norton & Blue, labor and employment practice's law firm, has been consulted and he has endorsed the need for and benefit that this position can provide for the PRM Board Members Page 2 February 23, 2006 membership. In addition, he has offered his firm to provide legal advice when requested to this position at no additional cost. Our primary underwriters (BRIT) were also consulted and, likewise, endorse the creation of this position. In October of 2005, Bonnie Mims was hired to fill the vacancy of Loss Prevention — Administrative Assistant. It is my intention to promote Bonnie Mims to this position, based upon her experience, qualifications and knowledge of the PRM program and the membership. The total required annual funding for this position would be $83,795 allocated as follows: Salary $65,0490 Payroll Taxes 4,590 Pension — FRS 4,698 Health Insurance 14,284 Life Insurance 223 $8,54,795 The total current year budgeted funding for the LP — Administrative Assistant in the amount of $43,981 will offset the annual cost to a net annual increase of $41,814. Thirty -nine of the fifty members have been contacted and all concurred that this position would be a value added service to their agency. RECOMMENDATION: 1. Upgrade the current position of Loss Prevention — Administrative Assistant to Loss Prevention Consultant — Employment Practices with a salary range of $60,000 to $80,000 (see attached job description). 2. Amend the 2005 -06 Administrative Budget and provide funding for the position from surplus in the amount of $29,862 for the fiscal year ending 9/30/2006. Ross D. Furry Executive Director RDF: smb EMPLOYMENT PRACTICES LIABILITY CLAIMS Public Risk Management 10/1/2000 TO 2/15/2006 ➢ 130 Claims — Employment Practices Liability (116) Law Enforcement (5) Public Officials (5) Directors & Officers (2) Employment Benefit Liability (2) ➢ $1,320,319 Total Experience ➢ 68% of members have had at least one claim in the last five years with expenses ranging from $1,000 to $232,188 per claim. ➢ Average 26 claims per year ➢ $264,064 average cost per year Claims Descriptions Sexual Harassment Wrongful Termination Discrimination based on disability Discrimination based on sex Discrimination based on race Discrimination based on marital status Discrimination based on national origin Defamation Retaliation Slander Violation of FMLA Wrongfully denied employment Alleged non - payment of severance Hostile work environment Improper behavior BSM 2/15/06 DRAFT POSITION: LOSS PREVENTION CONSULTANT- EP GENERAL DESCRIPTION: Will plan, organize, direct and implement cost - effective loss prevention programs to achieve the highest level of Loss Prevention Services to PRM's membership. Develops tracking and monitoring programs to identify loss reduction opportunities and isolate potential problem areas within the pool membership. Oversees and is accountable for the quality, quantity and capabilities of the pools' loss prevention services under the direction of the Executive Director. ESSENTIAL JOB FUNCTIONS: Research, develop and implement loss prevention programs that result in value added services to pool membership. Provide guidance and technical support to other associates, Third Party Administrators, Underwriters, Brokers, and Marketing personnel. Present employee training programs in the areas of workplace safety, protection of property, employment practices and general liability. Conduct on -site risk evaluations to determine potential losses in the area of employment practices, and workplace safety. Compose comprehensive risk analysis reports. Develop reporting mechanisms to identify pool members and target areas of special emphasis where losses are occurring. Conduct member visits to inspect employment posters, notices and facilities of pool members. Conduct employment practices liability audits for members to identify any current deficiency. Gather and disseminate employment related policies and documents among pool members. 3 Provide on -site meetings, assessment, and training and develop effective strategies to mitigate the frequency and severity of pool losses. Ensure current and relevant LP information is disseminated to the pool membership in a timely manner through the organization's web site, fax, e-mail, telephone, and oral presentations. Develop new loss prevention programs in response to industry and pool trends. Work closely with labor attorneys representing pool members to ensure compliance with all local, State and Federal laws in the area of employment practices. Attend annual seminars and conferences related to employment practices and Workers' Compensation. Maintain membership with Florida Public Personnel Association (FPPA) or other similar association. Report to work on emergency call back, when notified. These essential job functions are not to be construed as a complete statement of all duties performed. Employees will be required to perform other job related duties as Required. KNOWLEDGE, ABILITIES & SKILLS • Knowledge of applicable State and Federal Laws pertaining to workplace safety, health and liability and employment practices. • Ability to work with all levels of management within municipal govemments at locations throughout the State of Florida. • Ability to effectively influence members to implement loss prevention programs. • Demonstrate results in Safety /Risk Management programs to impact losses, injuries and illness. • Ability to conduct frequent training sessions and presentations. 3 • General knowledge of ergonomics, hazard communications, OSHA compliance, vehicle safety, property conservations, general liability and similar exposures related to public sector entities. • Extensive knowledge of employment related practices. • Proficient in the use of Microsoft Office products to create reports, spreadsheets, and presentations. • Ability to accommodate overnight and multiple day travel. PREFERRED QUALIFICATIONS: • Bachelor degree or higher from an accredited college /university in Human Resources. • Seven (7) years of direct professional experience in Risk Management, and Human Resources. • Designation as a Certified Human Resources Professional (PHR) and /or Associate in Risk Management (ARM). • Strong interpersonal and communication skills to successfully implement risk management, safety, and Toss prevention ideas, concepts and programs. • Demonstrated leadership experience • Experience in insurance, government, or consultation industries • Possession of a valid Florida driver's license. 3 EMPLOYMENT PRACTICES AUDIT PROGRAM for Public Risk Management Not inclusive, the audit program will review such areas as follows: Hiring ✓ Employment Advertisements ✓ Applications ✓ Interviewing Process ✓ Job Descriptions ✓ Job Offers and Employment Contracts Record Keeping ✓ State and Federal Requirements Written Programs ✓ Policy and Procedures ✓ Employee Handbooks ✓ Personnel Files ✓ Training Terminations ✓ Employment Verifications ✓ Discipline and Performance Appraisals ✓ Grievance Procedures Loss consultant will audit and make recommendation that final work products of members related to employment practices are reviewed by their labor attorney. PUBLIC RISK MANAGEMENT OF FLORIDA BOARD OF DIRECTORS MEETING MARCH 10, 2006 REGULAR AGENDA SUMMARY 5. Request Board Approval of Insurance Consultant See Attachment. Board Approval: Approved Denied Deferred Other PUBLIC RISK MANAGEMENT OF FLORIDA 3434 HANCOCK BRIDGE PKWY, SUITE 203 FORT MYERS, FL 33903 1- 800 -367 -1705 MAIN: 239 - 656 -4666 FAX: 239 - 656 -1066 Serving Florida Public Entities February 23, 2006 TO: FROM: RE: PRM Board Members Ross Furry, Executive Director Engagement of Insurance Consultant * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** As a result of the tight insurance market for public entities in the mid- 1980's, a group of cities and counties in Southwest Florida made an extensive study into the feasibility of establishing a Public Entity Pool for Property, Casualty, and Worker's Compensation. The major objectives of the group were as follows: 1. Lower Costs 2. Enhanced Coverage 3. Outstanding Claim and Loss Control Service 4. Stability 5. Self Governance by the Members 6. Professional and Timely Service As a result of the study, Public Risk Management of Florida (formerly SFIRMA) was established on October 1, 1987, with eight members. Today PRM maintains these same objectives, meeting each of them with every new policy term and has grown to fifty members. There are three individuals who provided the vision, knowledge, experience, professionalism and tenacity to create the PRM program and provide the foundation for its growth, stability and success. They are: Jim Hicks, founding Executive Director, Jim Sampson, Past Chairman of the Board (City of Cape Coral), and Glenn Tobey, Arthur J. Gallagher & Co. PRM Board Members Page 2 February 23, 2006 By all indications, the insurance marketplace has entered into another "hard" market, particularly as it relates to Workers' Compensation and Property coverages. Early communications with the Property markets indicate that capacity in Florida will be greatly reduced (i.e., $500 million in 2005/06 to $200 million in 2006/07 for any one risk) windstorm deductibles may increase from 2% to 5 %, required supplements for code compliance and agreed schedule of values. With hurricanes increasing in number since 1995 and predictions that 2006 could likely be a repeat performance of 2004 and 2005, our renewal for 2006 /07 with terms and conditions similar to the present will be very difficult to attain. Additionally, while PRM's Workers' Compensation claims have been stable in frequency, severity (dollar costs) has increased, driven by increasing medical treatment costs and litigation costs. Carriers are now aware of the impact that presumption claims for law enforcement, firefighter/EMT and corrections officers have on their losses and are setting retentions and premiums accordingly in order to protect their profit margins. As most of you know, Glenn Tobey has retired from Arthur J. Gallagher and there will be a transition period for his successor to acquaint himself to the structure of the PRM program, the markets we access to provide the financial stability for the program, and the individual needs of the members. Additionally, as we begin the negotiations with the various markets, in a "hard market ", where they seem to be more reluctant to underwrite our program without significant changes to our current terms and conditions, it is believed that the history, continuity, vision, creativity, and professional relationship that Glenn Tobey has built with the markets over the past 28 years would be invaluable to PRM in the 2006/07 renewal process. As a result of final negotiations during the 2005/06 renewal process in September, PRM was able to save some $120,000 from the initial renewal costs allocated in August and will credit to surplus. I have spoke to Glenn Tobey about the issues that PRM foresees for the 2006/07 renewal and inquired if he was interested in an engagement of an insurance advisor to PRM. His answer was in the affirmative and he has provided a scope of services for consideration (see attached: Insurance Advisor). PRM Board Members Page 3 February 23, 2006 RECOMMENDATION: 1. Engage Glenn Tobey as an Insurance Advisor to perform the scope of services as outlined, for the period of April 1, 2006, to October 1, 2006. Compensation for services to be $120 000 paid monthl . The Chairman of the Board and Executive Director in conjunction with a or counsel to draft a formal written contract between Glenn Tobey and PRM. 2. Amend the Administrative Budget and provide funding from savings in surplus in the amount of $120,000 for the contract payments. 101 ,er0 i o1' Ross D. Furry Executive Director RDF: smb INSURANCE ADVISOR • Enhance the stability of Public Risk Management (PRM) through service of all existing members and prospective new members. • Participate with A. J. Gallagher (AJG) in the renewal marketing negotiations on behalf of PRM regarding all areas of Risk Management Services. a. Insurance Terms and Conditions b. Self- Insured Retentions c. Loss Fund d. Specific Coverages e. Claims Adjusting • Assist PRM /AJG with its current insurance structure and provide new innovative ideas that could benefit all members through improved service and price stabilization. a. Property Line Slip (Top Priority) b. Package Program 1. London Markets 2. Munich markets 3. Bermuda Markets 4. Scandian Markets 5. U. S. Markets • Assist PRM /AJG in current hurricane losses. • Provide PRM with proactive coordination of future hurricane losses. a. Claims Adjusting Firm b. Insurance Company Compliance c. Contractors Coordination d. City /County "Member" Advisor e. Settlement Amount PUBLIC RISK MANAGEMENT OF FLORIDA BOARD OF DIRECTORS MEETING MARCH 10, 2006 6. Broker's Report REGULAR AGENDA SUMMARY Andy Cooper, A. J. Gallagher & Co. A. Renewal Applications and Property Appraisal B. Market Update — Mike Berend from Risk Placement Services (RPS) will advise on current market trends and conditions. Mr. Cooper will also comment on his trip to Atlanta to meet with property markets. C. Educational Conference Update 4, /a i _ 4/23 No Board Action Necessary PA/9- 10-09/0 klit 40p 141Q11-4-4(41- „ SI' -4 PUBLIC RISK MANAGEMENT OF FLORIDA BOARD OF DIRECTORS MEETING MARCH 10, 2006 REGULAR AGENDA SUMMARY Chairman's Item John Litton A. Executive Director Evaluation The Board of Directors is responsible each year for the annual performance evaluation of the Executive Director. The annual review provides the basis for any merit increase awarded by the board which would be effective October 1St The performance appraisal is a two -tier process that includes an evaluation by each member along with a more thorough evaluation by the Executive Committee. The latter is due to their generally having more interaction with the Executive Director and observation in dealing with policy issues for the pool as a whole. Evaluation forms will be e- mailed at the end of March and are to be returned to Mr. Litton by April 28th PUBLIC RISK MANAGEMENT OF FLORIDA BOARD OF DIRECTORS MEETING MARCH 10, 2006 REGULAR AGENDA SUMMARY Guest Speaker: Danni Germano, Attorney at Law Rigell, Ring & Ardman A. Workers' Compensation Presumption Cases - Attachment Danni Lynn Germano was born in Poughkeepsie, New York, and moved to Sharon, Connecticut when she was 13 years old. After graduating with High Honors from Kent School in Kent, Connecticut in 1990, she attended the University of Michigan in Ann Arbor where she received a Bachelors of Art Degree in psychology and graduated with High Distinction and Phi Beta Kappa in 1994. Upon completion of her undergraduate studies, Ms. Germano attended Tulane School of Law in New Orleans, Louisiana, where she graduated Cum Laude and received her Juris Doctorate Degree in 1997. Ms. Germano was admitted to the Florida Bar in 1997. She began her legal practice with a firm in Fort Myers specializing in Workers' Compensation defense, where she was responsible for personally handling all phases of litigation work. Ms. Germano's legal career then took her to a small Workers' Compensation firm in Orlando, where she became solely responsible for the appellate work, handling all phases of that work from briefing to oral arguments before the First District Court of Appeal. While at this firm, Ms. Germano authored an article in the "News and 440" that Hepatitis C is not an occupational disease for firefighters. Ms. Germano joined Rigell, Ring, and Ardman in 2005, where she concentrates her practice in all areas of Workers' Compensation defense, including appellate work. Ms. Germano's non -legal interests include spending time with her young daughter, her teacup Yorkie, attending and watching Bucs football, and reading. L PRESUMPTIVE CONPITION^ti. A. /Hypertension, heart disease, tuberculosis. §112.18 B. Meningococcal meningitis, hepatitis A, B, non - A, non -B, and C. §11.1B1. I1. L TE B T E PRESUMPTION: A. Any Florida state, municipal, county, port authority, special tax district, or fire control district firefighter as defined in §943.10(1); B. Any law enforcement officer as defined in §943.10(2); C. Correctional officer as defined in §943.10(3); D. Emergency Medical Technicians & paramedics (§112.181 only) ; E. Only presen y employed firefighters, police officers, and correctional officers. See Smith _v_.-_City of Miami, 552 So.2d 245 (Fla. 1' DCA 1989) . III P 1- :4':!- .4 _ • A. Applies to both firefighters and law enforcement officers 1. "Must have successfully passed a physical examination upon entering into such service as a firefighter or law enforcement officer, which examination failed to reveal any evidence of such condition." a. Cumbie v. City of Milton, 496 So.2d 923 (Fla. 15t DCA 1986) B. Does NOT apply to correctional officers. Danni Lynn Germano Rigel), Ring & Ardman, P.A. 13180 North Cleveland Avenue, Ste. 209 North Fort Myers, FL 33905 1 1. State v. Reese, 911 So.2d 1291 (Fla. 1' DCA 2005) 2. Gray v. Department of Corrections, 30 Fla.L. Weekly D2553 (Fla. 1' DCA 2005) IV. MEDICAL TEST REQVIREMENT OF §112.1$1: A. Applies to all covered employees; B. "An emergency rescue or public safety worker must, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the communicable disease for which presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection." C. Does not apply to Meningococcal meningitis V. AFFIDAVIT REQUIREMENT OF 5112.191: A. Must be by written affidavit. See Seminole County Government v. Terry Bartlett, 1D04 -3933 (Fla. 1" DCA 2006) ; B. §1.12.181(2)(a)1 -4 applies to hepatitis & conditions derived therefrom: I. Has not been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of employment; II. Has not had a transfusion of blood or blood components, other than a transfusion arising out an accident or injury happening in connection with employment, or received any blood products for treatment of a coagulation disorder since last undergoing medical tests for Danni Lynn Germano Rigel!, Ring & Ardman, F.A. 13180 North Cleveland Avenue, Ste. 209 North Fort Myers, FL 33905 2 hepatitis, which tests failed to indicate the presence of hepatitis; III Has not engaged in unsafe sexual practices or other high -risk behavior as identified by the CDC or the Surgeon General, or had sexual relations with people known to have engaged in such unsafe sexual practices or other high risk behavior. See Robert Flamily v. City of Orl4njo & Bartlett. IV. Has not used IV drugs not prescribed by a physician. C. §112.181(2)(b) applies to meningococcal meningitis - in the 10 days immediately proceeding the diagnosis, has not been exposed, outside of employment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease. D. §112.181(2)(c) applies to TB - in the period since last negative TB skin test, has not been exposed, outside employment, to any person known to have TB. VI. Disability Requirement: A. The hypertension, heart disease, TB, meningitis, or hepatitis must result in partial or total disability or death. B. "Disability" is not defined in §112.18 or §112.181. C. §440_.02(13) definition of "disability ": "incapacity because of the injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury." D. §440.151 definition of "disability" post - 10/1/03: see §440,02(13). E. §440.151, definition of "disability" pre- Danni Lynn Germano Rigel', Ring & Ardman, F.A. 13180 North Cleveland Avenue, Ste. 209 North Fort Myers, FL 33905 3 10/1/03: "the event of an employee becoming actually incapacitated from performing his job duties ". F. §440.09(1.) requires objective, relevant, medical evidence of "disability" - §112.18 applies to Chapter 440. 1. South Trail Fire Control District v. Johnson, 449 So.2d 947 (Fla. 1$` DCA 1984); 2. Sledge v. City of Fort Lauderdale, 497 So.2d 1231 (Fla. 13r DCA 1986) . G. $ledge definition of "disability ": "stoppage or loss of earnings ";Id at. 1233. H. _city of Mary Esther v..__McArtor, 902 So.2d 942 (Fla. 1st DCA 2005) definition of "disability" :incapacity from performing employment; incapable of performing job duties; incapacity to earn. VII LEGAL EFFECT OF TEE PRESU 'TlON : A. Any condition or impairment of health shall be presumed to have been accidental and to have been suffered in line of duty unless contrary to be._shown by competent evidence. B. Presumption effects burden of persuasion. See, Caldwell v. Division of Retirement, 372 So.2d 438 (Fla. 1979) . C. Presumption "could be" rebutted by showing some other specific hazard or non- - occupational factor for the condition. Id, D. Presumption does not just automatically disappear when evidence rebutting the presumption is introduced. E. If there is evidence supporting the presumption, employer /carrier can only overcome presumption by clear and convincing evidence. ,See City of. Temple Terrace v. Bailey, 481 So.2d Danni Lynn Germano Rigel!, Ring &. Ardman, P.A. 13180 North Cleveland Avenue, Ste. 209 North Fort Myers, FL 33905 4 49 (Fla. 1gt DCA 1985) (uncontroverted evidence that claimant's disability caused by natural progression of congenital heart disease which had been present since birth) VIII HEPATITIS "C" AS AN OCCUPATIONAL DXSEASE: A. §440.151(2) & 4 -PART TEST: 1 The disease must be actually caused by employment conditions that are characteristic of and peculiar to a particular occupation; a. rely on expert testimony as to the causes of hepatitis "C ". 2. The disease must be actually contracted during employment; a. requires evidence of exposure to blood infected with hepatitis "C ". Zal Se ninol..e County Government v. Bartlett. 3. The occupation must present a particular hazard of the disease occurring so as to distinguish that occupation from usual occupations, or the incident must be higher in that occupation than in usual occupations; a. Per the CDC, the incidence of hepatitis "C" among firefighters is not greater than the general public. b. In Bartlett, Court found hepatitis "C" occurred equally in firefighters and in the general public. 4. If the disease is an ordinary disease of life, the incidence of such disease must be substantially higher in that particular occupation than in the general population. Danni Lynn Germano Rigell, Ring 41. Ardman, P.A. 13180 North Cleveland Avenue, Ste. 209 North Fart Myers, FL 33905 5 a. In Barlett,, Court found there was no evidence that the incidence of hepatitis "C" was substantially higher in firefighters than the general public. B. Causation must be established by clear and convincing evidence of each prong of the 4 -part test, and speculation or a mere "logical" relationship between the disease and the claimant's employment is insufficient. See Glasrock Home H.eaith Care v. Levia, 578 So.2d 776, 778 (Fla. 1" DCA 1991) . IX BEARING LOSS: A. Not a presumptive condition B. Theories of CompensabLlity: 1. Major contributing cause per 440.09(1); 2. Repetitive Trauma a. See City of Miami v. Tomberlin, 492 So.2d 433 (Fla. 1' DCA 1986) (police officer) ; b. $ee City of Orlando v. L ,ma„x, 652 So.2d 850 (Fla. 1" DCA 1995) C. Extremely difficult, if not impossible, to prevail on Notice and Statute of Limitation defenses as each exposure to the noise arguably creates a new date of accident. Lemay. Danni Lynn Germano Rigell, Ring & Ardman, P.A. 13180 North Cleveland Avenue, Ste. 209 North Fort Myers, FL 33905 6 PUBLIC RISK MANAGEMENT OF FLORIDA BOARD OF DIRECTORS MEETING MARCH 10, 2006 REGULAR AGENDA SUMMARY Legal Update Jeffrey S. Weiss A. State of Florida v. Ron Andres O'Daniels Local government must narrowly tailor its ordinances to avoid first amendment violation. State of Florida v. Ron Andres O'Daniels, 30 Fla. L. Weekly D2283 (Fla. 3rd DCA, September 28, 2005) The City of Miami Beach enacted an ordinance that banned all street performances and art vending from a fixed location throughout the city, except for in 11 locations where a permit was required. Following a street musician's arrest for violation of the ordinance, a trial court entered an order finding the ordinance unconstitutional under the First and Fourteenth Amendments to the U.S. Constitution. On review, the district court disagreed with the musician's arguments the ordinance was content based. The court accepted the city's asserted content - neutral justifications of preserving the reasonable expectation of residents to the enjoyment of peace and quiet in their homes, the ability to conduct their businesses and serve their patrons uninterrupted, and the public's use of the city's rights of way. However, the district court affirmed the trial court order based on the lack of narrow tailoring to achieve the stated interests. The ordinance applied to all public areas, versus those areas with known problems, but the city did not present evidence that all areas necessarily required a ban on street performances and art vending to regulate traffic or that such activities were the cause of traffic congestion. Most importantly, the court explained, the city did not show which public areas are available to accommodate street performances and art vending, except the 11 designated locations where permits were required. These locations, according to the court, could hardly serve as the only locations where street performances and art vending could be carried on safely throughout the entire city. State of Florida v. Ron Andres O'Daniels, 30 Fla. L. Weekly D2283 (Fla. 3rd DCA September 28, 2005). PUBLIC RISK MANAGEMENT OF FLORIDA BOARD OF DIRECTORS MEETING MARCH 10, 2006 REGULAR AGENDA SUMMARY 10. Board Member Items The next meeting will be held on June 22nd during the Annual Conference at Marco Island. Public Comment: Discussion must be limited to a maximum of five (5) minutes per person. Adjourn PUBLIC RISK MANAGEMENT OF FLORIDA 3434 Hancock Bridge Pkwy, Suite 203 Fort Myers, FL 33903 Toll -Free 800 -367 -1705 Main 239- 656 -4666 Fax 239- 656 -1066 February 20, 2006 TO: All PRM Board Members and Alternate Members FROM: Judy Hearn Assistant Executive Director, Secretary to the Board REFERENCE: Posting of Public Notice Board of Directors Meeting .•. o..•..• ..•..•..•..•..•..•..•..•..••.•. • .•..•..•..•. • .•• • ••. • •.•..•. •.•..•..•..•..•..•..•..•..•..•. ........ ............................... Please post the enclosed meeting notice in a display area for such notices in your entity's offices. We ask that you ensure these are placed in a prominently displayed area to allow the public to attend should they wish to do so. Your cooperation is greatly appreciated. JH:smb Encl: Public Notice of Meeting Board of Directors Meeting Agenda Directions RECEIVED FEB 2 7 200E NOTICE OF MEETING OF PUBLIC RISK MANAGEMENT OF FLORIDA BOARD OF DIRECTORS MEETING March 10, 2006 Public Risk Management of Florida, an intergovernmental risk management association, organized under Florida Statutes 163.01, hereby gives notice of its Board of Directors Meeting to be held on Friday, the 10t of March, 2006. The meeting will be held at 10:00 am at the Chateau Elan Hotel, 150 Midway Drive, Sebring, Florida 33870. Directions to the meeting site are attached, as well as a copy of the agenda for said meeting. This is a public meeting and open for comments. If a person decides to appeal any decision considered at this meeting, he or she may need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony in evidence upon which the appeal is based. Public Notice RECEIVED FEB 2 7 2006 CHATEAU ELAN 150 Midway Drive Sebring, FL 33870 Phone: 863 - 655 -6252 www.chateauelan.com DIRECTIONS Chateau Elan Hotel and Spa is located adjacent to the front entrance, overlooking the legendary hairpin tum at the intemational motorsports track. From Orlando Take 1 -4 West to Highway 27 South to Highway 98 South. From Palm Beach Take SR 70 West to Highway 98 North. From Sarasota Take Highway 64 to 66 onto Highway 98 South. From Fort Myers Take SR 80 to US 27 N to Highway 98. RECEIVED FEB 2 7 2005 PUBLIC RISK MANAGEMENT OF FLORIDA BOARD OF DIRECTORS MEETING Chateau Elan Sebring, FL March 10, 2006 AGENDA 10:00 am Call To Order John Litton, Chairperson Consent Agenda 1. Request Approval of December 9, 2005 Board Meeting Minutes 2. Request Approval of Treasurer's Report as of December 31, 2005 Any Board Member may request to have an item removed from the Consent Agenda and placed on the Regular Agenda for further discussion. Regular Agenda 3. Executive Director's Report A. Status on Hurricane Claims B. Property Appraisals Ross Furry, Executive Director 4. Request Board Approval of New Loss Prevention — Employment Practices Position 5. Request Board Approval of Insurance Consultant 6. Broker's Report Andy Cooper, A.J. Gallagher & Co. A. Renewal Applications and Property Appraisal B. Market Update Mike Berend from Risk Placement Services (RPS) C. Educational Conference Update 7. Chairman's Item A. Executive Director Evaluation John Litton 8. Guest Speaker: Danni Germano, Attorney at Law, Rigell, Ring & Ardman A. Workers' Compensation Presumption Cases 9. Legal Update Jeffrey S. Weiss, Esquire A. State of Florida v. Ron Andres O'Daniels 10. Board Member Items Public Comment: State full name and address. Discussion must be limited to a maximum of five (5) minutes per person. Adjournment Luncheon immediately following RECEIVED FEB 2 7 2006 PUBLIC RISK MANAGEMENT OF FLORIDA 3434 HANCOCK BRIDGE PKWY, SUITE 203 FORT MYERS, FL 33903 1- 800 - 367 -1705 MAIN: 239 - 656 -4666 FAX: 239 - 656 -1066 Serving Florida Public Entities February 20, 2006 TO: All PRM Board Members and Alternate Members FROM: Judy Hearn RE: PRM Board of Directors Meeting * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The next PRM Board of Directors Meeting will be held on Friday, March 10, 2006, at the Chateau Elan in Sebring. To ensure there will be a quorum present, we need to know who will be attending the meeting, as well as a count for lunch. We need to provide this information to the hotel by Thursday, February 23`d Please advise by return fax or e-mail sbaron @prm- fl.com. ✓ Will attend meeting. / Will stay for lunch Will not attend. /C,Q h �2Gti Sign ture �nrl net. /Qe hisS Printed Name " y If P e-46@ Name of Entity