National Flood Insurance Program

Policy Issuance 2-2005


SUBJECT: U.S. District Court Order Regarding the Sale of National Flood Insurance Program (NFIP)
         Insurance in Monroe County, Florida

Background:  On September 12, 2005, as part of ongoing litigation in Monroe County involving the 
application of the Endangered Species Act to the NFIP, the U.S. District Court for the Southern
District of Florida issued a court order affecting the sale of NFIP insurance.  This order directed
the U.S. Fish and  Wildlife Service to provide a list of suitable habitat for endangered species in
Monroe County.  It directed FEMA to not issue flood insurance for new construction in that suitable
habitat.  This list of locations by real estate parcel number was provided to the Court and FEMA on
October 3, 2005, and can be found at the following
website: www.fws.gov/filedownloads/ftp_verobeach/MONROE-PARCELS.

Policy Decision:  Flood insurance cannot be written on a building with an actual start of construction
date on or after September 12, 2005, in Monroe County if the property is found in the list of parcels
located on the above website.  The Direct Servicing Agent and the WYO Companies will be responsible
for verifying that buildings insured in Monroe County, including both the unincorporated area of the
county and the incorporated cities within the county, are eligible for insurance.  This will
necessitate obtaining the real estate parcel numbers of the properties from the applicant and
documentation from the community that the actual start of construction was in fact before September
12, 2005.  This requirement applies to all new business with building permit or construction dates on
or after March 16, 2005.  It is estimated that only about 250 new buildings are constructed each year
in Monroe County.  This Policy Issuance will remain in force until further notice.

Any policy issued in violation of this Policy Issuance shall be void ab initio.

Questions regarding this Policy Issuance should be directed to Donald Beaton, Chief Underwriter,
Federal Emergency Management Agency, at (202) 646-3442, or (email) donald.beaton@dhs.gov.


							 
	___October 4, 2005____			____________________________________
       	        Date					David I. Maurstad
							Acting Director
       Mitigation Division
       Emergency Preparedness
         and Response Directorate
                                                       U.S. Department of Homeland Security
                                                       500 C Street, SW
                                                       Washington, D.C.  20472




www.fema.gov