The code is based on building standards primarily developed by the American Society of Civil Engineers (ASCE). The ASCE Standard 7 is the national standard of engineering for designing buildings based on all types of stress and engineering loads. (See Florida Insurance Council Factbook; Issues for 2006 Collins Center for Public Policy, www.flains.org.) Using the engineering standards, the building commission established “wind-borne debris regions,” which identified coastal areas that may be subject to wind-borne debris damage during storms and consequently require more building protection than other regions of the state.

The rules are not hard and fast. For instance, all of the land in Monroe, Miami-Dade, Broward, Lee, and Pinellas counties, whether directly on the coast or not, is included in the “wind-borne debris region.” In the Panhandle counties, however, only one mile inland from the coast is included in the “wind-borne debris region.” This “carve-out” was included in the 2000 building code statute. (Several other counties, such as Citrus and Hernando, also have “wind-borne debris regions” that are only one mile inland but their status has been determined by ASCA standards, not by statute.)

Then in 2005, the building commission recommended that the legislature defer to scientists in determining appropriate “wind-borne debris regions” for all areas of the state and include those designations in the building code. This change could result in extension of the “wind-borne debris region” in some places in the Panhandle for five to 20 miles inland. The commission based this decision on the proven theory that “strong tight storms” such as Hurricanes Charley and Andrew maintain their strength and speeds much further inland than one mile.

Most Panhandle building officials, however, argued that damage in the Panhandle is more related to flooding than to wind-borne debris. Indeed, some put forth the argument that the one-mile region should be reduced, stating that certain areas now included in the one-mile “wind-borne debris region” of the Panhandle are not exposed to the same damage as other areas.

Panhandle residents seem to disagree with their builders. A survey by the Institute for Business and Home Safety in 2005 found that 74 percent of Panhandle residents thought the Panhandle region should have the same code as other Florida regions with the same requirements for hurricane shutters or impact-resistant windows and other protections. Indeed, many were surprised that standard “wind-borne debris region” definitions and protections did not apply in the Panhandle. Those residents know the dangers and damage of named storms. The Panhandle was hit by Hurricane Ivan in 2004 and Hurricane Dennis in 2005.

Some Changes, But Not Enough

The Florida Legislature, during the 2006 session, repealed the statutory Panhandle exemption and delegated to the Building Commission the decision on whether to expand regions in the Panhandle where storm shutters or missile-resistant glass are required on new homes.

At a public hearing in June, the commission endorsed a North Carolina engineering consultant's recommendation for expansion of Panhandle wind-borne debris regions, but under a standard still weaker than in effect for the majority of Florida.

This new decision expands the current one-mile Panhandle wind-borne debris regions to areas susceptible to 130 mph or greater winds. Do Kim, a Tampa insurance community representative on the Florida Building Commission, says windborne debris regions would be expanded to about half of Escambia and Santa Rosa counties and to four to five miles from the coast in Bay, Walton, and closer to the coast in other west Florida counties.

Not good enough, say many.

Critics of the commission's vote include a long line of trade groups and officials. Bush, Insurance Commissioner Kevin McCarty, the state Department of Community Affairs, the Federal Alliance for Safe Homes, and agent groups all have called on the commission to reverse its decision at its final meeting in August. So far, however, the commission is hanging tough.

The commission's vote was labeled “incredulous” by Leslie Chapman-Henderson, vice chair of the Task Force on Long Term Solutions for the Florida Insurance Market and president of the Federal Alliance for Safe Homes. She said the commission was not just threatening the Panhandle's property insurance market, but the market across the state. If the Panhandle is devastated by a storm, it is policyholders across Florida who would pay the price in terms of higher rates. “I'm still astounded by their action,” she said two weeks after the vote.

OIR spokesman Bob Lotane said the commission is going against the wishes of people in Panhandle. “We are at odds with the commission.” Lotane said. “We will keep trying but we are not encouraged that we will be able to move these guys.

“The commission seems to be disregarding the testimony of the Insurance Commissioner and others about the effect on rates,” he added.

Commission officials apparently want to retain the exemption as a favor to the building contractors in the Panhandle who worry that the added building code requirements will drive up prices and hurt the housing market.

But Henderson said the affordability of housing today cannot just be measured on the price of homes. “Affordable housing must be measured in terms of whether a home survives a hurricane and whether it can be re-occupied right away so moms and dad can go back to work and kids can return to school.”

Dumping Policies Into Citizens

Insurance Commissioner McCarty said unless the commission changes its decision, he expects insurers to begin dropping Panhandle policies, forcing them into Citizens Property Insurance Corp., the state-chartered insurer of last resort. Then if the state is hit by another major storm, the state's taxpayers might need to make another bailout of Citizens, which earlier this year received a $700 million handout from the legislature.

McCarty told the commission in July that ending the Panhandle exemption is key toward attracting global reinsurers back to Florida. “Strengthening building standards in this region can also encourage more insurance capital to enter our state, which ultimately will translate to greater competition in the property insurance market and lower premium rates for consumers,” he said.

The commission approach is “misguided,” said Guy Marvin, president of the Florida Insurance Council. “It is na?ve to believe that because storms haven't hit the Panhandle with the frequency or intensity as other parts of the state that they won't in the future. The Panhandle will be struck by a major storm. The only question is when.”

Florida Association of Insurance Agents spokesman Scott Johnson said while the association doesn't have an official position on the issue, he is still amazed at how the commission could favor a weaker code for parts of the state. “This decision puts the entire state at increased risk,” he said.

The 23 building commission members, all appointed by the governor, included engineers, municipal officials, residential contractors and an architect. “There is a big difference in terrain between South Florida and North Florida,” said Rick Dixon, the commission's executive director. “The research indicated a 50 percent reduction in wind speed because of the trees.”

But FIC's Marvin warns those trees won't always be there largely because of the continuing rapid development of Panhandle counties. “One day we won't be able to look to those trees as a buffer zone.”

The lobbying campaign against the commission continues until the commission's next meeting Aug. 23 in Miami-Dade County when it is expected to make a final vote on the issue.

That meeting comes nearly 14 years to the day after Hurricane Andrew ripped apart southern Miami-Dade County, changing how the state and country view hurricanes and leading the state to enact one of the toughest building codes in the country — except in part of the Panhandle.

While Hurricane Andew re-awoke Florida to the force of Mother Nature, the past two years have served as the latest wake-up call. “If the storms of 2004 and 2005 proved anything it's that state-of the art building codes work,” said Cecil Pearce, vice president of the American Insurance Association. “Florida's statewide building code-including standards for minimizing damage from wind-borne debris-helped reduce deaths, injuries and property damage.” Now, Pearce said, it's past time for the Panhandle to be brought in line with the rest of the state.

Indeed, some commission members have been swayed by the insurance industry's stance. “I think we're making a dramatic mistake,” commission member Randall Vann said at the last meeting. “If insurers leave our area we will have an insurmountable problem.”

Whether more commission members will be persuaded to change remains uncertain. “We need the commission members to look deep into their souls,” Chapman-Henderson said. “So far the outcome of their deliberations defies logic.”