condo insurance

Dear Valued Bloggers- once again, asking for opinions/input/anything you care to tell me ---unfortunately, my condo ins renewal was sent to my previous address in chicago -yes, even tho I had updated my info more than once! Finally, the agency called me and sent the packet to correct address which of course means not much time for me to shop around for quotes ---the renewal $amt is over 40% increase from last year which I find totally incredulous but then, I am new to south FL! Am I nuts and this is usual or am I correct in finding it astounding? I live in a 1-1 1/2 corner unit grnd floor ---thanks for any light you care to shed on this most irritating topic ---and yes, I updated to include whatever the legislature mandated tho my neighbors told me just ignore ---I believe Mr. Gladstone suggested not ignoring the law at one of the delegate meetings. thank you.

Happy Anniversary

The rest of this thread can be for Anonymous to shine.

Shoreline restoration

I saw the work on the shoreline as it was being done and later reported in the UCO Reporter. Is any further shoreline work being planned? Thanks.

Augmented Reality

Sorry anonymous if your intellectual growth is being stunted! (see previous post comments)
Just for you, search on “Augmented Reality” (AR) is a field of computer research which deals with the combination of real world and computer generated data. What a different world our grandchildren will live in.

See http://www.youtube.com/watch?v=00FGtH5nkxM

http://www.youtube.com/watch?v=RsZTbIjLHNA

Dave will have fun with this.
Already you can point your camera at a simple symbol in the newspaper and 3D + info pops up on the camera screen. Photos show what your eyes see and what your camera sees. Someday I could point my phone camera at a building or at Dave and it will recognise and give me pertinent info on screen.
The possibilities are endless. Go for it anonymous.

(So that is how they do the yellow first down line on TV football.)

KRAVIS

http://kravis.org/ Has videos of some of their shows. They were quite long for Keillor, Jugu, Smothers, and Tap Dogs - Now I do not need to see the shows.

Hi all,
Here is the September UCO Reporter Online thanks to the UCO Reporter Staff.
Dave Israel.

Click here to Supersize >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

9/09 UCO Reporter

CRYPTOLOGIC HISTORY - NAVAJO CODETALKERS

Marines at Navajo Communications School Training Center, Camp Pendleton, 1943

With the movie Windtalkers available on DVD, the Government still gets lots of questions about the legends the film perpetuates about the Navajo Codetalkers.

-

Yes, the codetalkers saved thousands of American lives by providing rapid and secure voice communications in combat in the Pacific.

-

No, the Navajos did not have bodyguards with instructions to shoot them if there were any danger the Codetalker might be captured by the enemy. This is absolutely false.

-

However, it is true that each Navajo Codetalker did have a bodyguard -– to protect him from his own side!

-

Most Anglos in the military had never seen a real Native American or a real Japanese, and there was real danger that in the confusion of combat, the Navajos could have been mistaken for enemy soldiers.

Dave Israel

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Met Codetalkers at their book signing in Phoenix - elaineB

Century Village Theater Presentations

Hi all,
Here is a Web Site Showing previews of things to come, here in CV West Palm Beach:

http://www.centuryvillagetheater.com/seasons/season_westpalm.pdf

Dave Israel

Exodus

In view of the economy etc. has anyone gotten concessions, discounts, reduced prices from Seacrest, Gallagher, Pruitt, Prime … I can hope can’t I? News of any savings would be welcome.
Why the photo ! – I just hope they can extricate the truck from CV. There will be unit for sale in a no rent, no dog building shortly.

Dog & Cat Regulations

Boo hoo they won’t let us in CV and we are only 130 lbs each. Does any assoc that has allowed dogs have a copy of their ‘dog regulations’ or cats? Coventry K maybe!

TUB TO SHOWER CONVERSION

Hello all.
We have a one bedroom unit here in CV with 1 and 1/2 baths. We really need to redo the tub but need some advice. One of the ways we are considering is a tub to shower conversion. One of the concerns we have is if doing so would impact the resale value. Any thoughts? Has anyone used Bath Fitter or ReBath?
TIA :-)

OPEN MESSAGE TO CENTURY VILLAGE VICE PRESIDENT DAVID ISREAL

I WILL NEVER AGAIN POST TO THIS BLOG.

CAPT, JOHN TOCICKI, USMM (RET.)

REAL ESTATE VALUES IN CV

Century Village Realty Value Decline since 2005

REF: http://www.zillow.com/local-info/FL-Century-Village-home-value/r_123902/

-

comparison of local ZIP Codes

-

Hi all,

There is an interesting Thread about an article in the Palm Beach Post regarding Real Estate values in CV.

-

Here is a URL for an article, I am not sure it is the article referenced by Nutmegger:

-

http://www.palmbeachpost.com/search/content/business/epaper/2009/08/16/a1b_ostrowskicol_0817.html
-

The only reference to Century Village is as follows:

-
"Meanwhile, the low end of the value ranking is dominated by over-55 condos, with Century Village's $37 a square foot at the bottom."

The article references a report by Zillow.com, and what Zillow has to say is not good; values specific to Century village; and the chart for ZIP 33417 and other local ZIPs, show both the Village and ZIP 33417 at the bottom of the heap.

-

The graphic at the top of this Post tells it all; Century Village is represented by the red line and comes in, thus far in 2009 with a median price circa 27K

-

The next graphic compares ZIP 33417 with other local ZIPs.

Dave Israel

CALIPARI

Hi Mark:

You are the only one I know who lives at CV and loves college
basketball as much as I do. I think you and I are the only ones
who knows "What March Madness Means." I was shocked
when I read that they are going to strip Memphis of their titles
because of the cutie that Calipari did. Also what is your opinion
of Pitino......I say: no...no...no...Pitino you do not do things
like that especially when you have a wife and five children.
Do you think that Univ. of Kentucky will say goodby to him,
remember in his contract Pitino has a morality clause which
he violated.

drip & dribble A/C

Does anyone have solution to drip and dribble under A/C units. The majority of condos in my building have the in-the-wall A/C, the majority leave it on while they are upnorth. Some buckets fill once per day and overflow. I do not wish to spend my time emptying buckets.
There are several problems: People who are home but cannot lift buckets; people who tip buckets dowsing walkway beneath; people absent - slimy walkways. For frail people in residence is there a siphon system?
I think our primitive, ugly, noisy A/C is one reason for low property values.

......................................................................................................................

Your BLOGMEISTER responds:

-

Believe it or not there is a solution to this nasty little problem. It is called a "drip-less" AC unit. The following is from an ad for such a unit, These units are portable, insofar as they can be rolled around the house. It should be noted that 12,000 BTU is equivalent to one ton cooling capacity, thus most of our units would require purchase of two of these systems. The extracted heat and condensate is exhausted through a flexible tube, like that used in clothes dryers and is removed from your unit thru a hole in the wall or window. The condensate is in effect in the form of vapor.

-

Dave Israel

...............................................

REF: http://www.sylvane.com/delonghi-pac-c120-ac.html

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Product Overview

This portable air conditioner is a low-maintenance way to cool, dehumidify and filter the air in your home. In addition to being a 12,000 BTU performance air conditioner, the Pinguino PAC C120 also functions as a dehumidifier and air purifier. The built-in dehumidifying function keeps the air dryer – an important component of summer cooling. The internal air filter helps control particles such as dust, pollen and other allergens from circulating around your home. All three modes (cooling, dehumidifying, fan only filtering) can be used independently or together. The low-maintenance features of this air conditioner begin with DeLonghi’s patented drip-less technology, meaning that there are no water buckets to empty. Water that is collected is removed through the exhaust hose which can be easily mounted in a nearby window. Additionally, the unit is equipped with an adjustable thermostat and 24-hour programmable timer -- two more ways which this unit can control the environment with little input from you. Quiet and energy efficient, the PAC-C120 is a value-oriented way to easily cool, dry and clean the air in your home.

Low CV Property Values

Nutmeg, I could not find the property article in the library Post , maybe pages were missing. Did the Post say why our property values are so low, was there a cost breakdown, age of developments etc.?

The cat and deer

The cat and deer with Louis

CV DELEGATE ASSEMBLY - 7 AUGUST, 2009

Hi all,
Not wishing to bore you all, this is a test of the ability to show the Delegate Assembly on the BLOG.
I think we have it to the point of showing it in one continuous video, pardon us, our learning curve is showing:

Dave Israel

SPELLING ERRORS

Sorry about that.

SALES TAX

In Florida the week of August 16th thru August 22nd we were
to have a "NO SALES TAX" but Florida cancelled.

Quote: No sales tax holiday in Florida in 2009. They were
suppose to vote in it but the issue wasn't raised this
year so it has been cancelled.

The Nutmegger

IDENTITY THEFT WARNING

Hi all,
If you are a COMCAST INTERNET customer and if you receive an Email starting as follows:

Dear Email User,
This Email is from our Comcast Customer Care Email Service and we are sending it to every Email User Accounts Owner for safety. we are having congestions due to the anonymous registration of Email accounts so we are shutting down some accounts and your account was among those to be deleted. We are sending this email to you so that you can verify and let us know if you still want to use this account.........Etc.

DO NOT RESPOND TO THIS EMAIL.

This is an Identity Theft Phishing SCAM.

Here is another variation of the PHISHING Email:
........................................................................................................
This message is from COMCAST.NET messaging center to all COMCAST.NET email Account owners. We are currently upgrading our data base and e-mail account centre. We are also using this process to delete all unused COMCAST.NET email accounts to create more space for new accounts.
To prevent your account from being closed, you will have to update it so that we will know that it's a present active account.

To complete your COMCAST.NET webmail account, you must reply to this email immediately and enter your Username and your Password here below:

CONFIRM YOUR EMAIL AND PASSWORD BELOW:

Email Username : .......... .....
EMAIL Password : ................
Date of Birth : .................
Country or Territory : ..........
Log-In Site or Link........... http://

After confirmation, you are to send it to the Upgrading Department

Warning!!! Account owner that refuses to update his or her account information within Seven days, will be assumed that its not longer in use, Hence we will deactivate the account.

Thanks for using COMCAST NET,
Comcast Team 2009.
.............................................................................................................
Dave Israel

GOLF COURSE LETTER TO THE UCO REPORTER

Hi All,
Per a request in a Comment stream, herewith Mr. Waldmans letter to the UCO Reporter.
............................................................................................................................

To The Editor:

Thank you for allowing us this opportunity to speak out to all of the Century Village residents, regarding our development of the former Turtle Bay golf course. We have been the stewards of that property for almost six years, and we'd like to share our thoughts and vision for moving forward on the development of this property, which will become Reflection Bay.

Over the past two years, we have had several meetings with a small group of Century Village residents, who led us to believe that they represented all of Century Village. We were under the impression that they were bringing our ideas to you and sharing your ideas with us. However, we have since learned that they have not been straightforward with you or with us. What we would like to share with you is how this property is going to change in appearance and positively impact your lives in Century Village.

Our common boundary will no longer be vulnerable, and will become secure with the development of Reflection Bay. Not only will you have more security, but the area will be landscaped professionally and provide you with even more privacy. We're planning to add citrus groves, flower beds, gathering areas, green space, as well as meandering walkways for your use and enjoyment.

We will continue to work in concert with your security committee and professionals to increase security in the overall area. We have been working with traffic engineers to develop ways to ease the burden of traffic. We don't anticipate this project to add more traffic, but to enhance your access and create a fluid movement of vehicles.

Not only will the property look better and provide you with more privacy and security, but there will be greater tax revenue generated for the benefit of Palm Beach County. This increase in tax revenue will support the county services that we've grown to rely on.

We invite you to participate with us in the planning of this project. Please share your ideas with us. We can be reached at 954-426-2600, and you can be certain that you will speak with one of us. Your input is extremely valuable to us.

Together we can stop the decline and begin the revitalization of this area.

Andrew Waldman and Ana Maria Waldman

PLEASE CALL ME

Hi Lanny:

I have calling you but your phone just rings and rings and no
answering machine come on so I can't leave a message. I want
to return the booklet you lent me for my daughter to read.
When you gave me the booklet I gave you my card with all my
info on it so please call me. Thanks

The Nutmegger

REFLECTION BAY - TALK ABOUT IRONIC

The Reflection Bay Golf Course at Lake Las Vegas® is not open to the public for golf play or for casual dining, as it is in the process of being transferred to its secured lender.

-

The magnificent Golf Club pictured above closed in June; interesting coincidence, what an inspiration for the name of the development planned for our golf course.

Have any of our BLOGGERS played this Las Vegas beauty?

-

Dave Israel

REFLECTION BAY

The Waldman Empire - Left click to supersize

Hi All,

-
Following is the opening paragraph from a letter to the Editor of the UCO Reporter from the owners of the Golf Course, Anna and Andrew Waldman, I believe that the entire letter will be published in the next Edition. Of particular interest to your BLOGMEISTER, and I suspect to our Unit Owners, is the projected name of the planned Residential Development; Reflection Bay: therein portends a tale!

-
“Thank you for allowing us this opportunity to speak out to all of the Century Village residents, regarding our development of the former Turtle Bay golf course. We have been the stewards of that property for almost six years, and we'd like to share our thoughts and vision for moving forward on the development of this property, which will become Reflection Bay."

-
It occurred to me, upon reading the above. that one does not throw out a name, unless one owns said name. Sure enough a search of corporation filings in Florida SunBiz reveals the following:

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“Reflection Bay, LLC"

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"Incorporated by Myron J Sima, Reflection Bay, LLC is located at 5650 Riverside Dr Cape Coral, FL 33904. Reflection Bay, LLC was incorporated on Monday, November 20, 2006 in the State of FL and is currently active. Myron J Sima represents Reflection Bay, LLC as their registered agent."

-
Source: Public Record data - Department of State - Division of Corporations”
-

So, either Mr. Waldman spoke to soon as regards the name of the Development, (unlikely), or Mr. Waldman and Mr. Sima have a business relationship.

-
Well, if one is going to develop Residential property, one needs to have a team of individuals who are expert in fields related to the development of residential property; so, who is Myron J. Sima?

-
Myron is a Cape Coral, Florida Real Estate Agent who is licensed in the State of Florida and works out of Keim Associates Inc in Cape Coral, FL.

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Myron Sima

Keim Associates Inc. Cape Coral, FL 33904-9003

Phone: 239-542-4102

Communities: Cape Coral


Myron also seems to be connected with the Arrowhead Insurance company:

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Myron Sima

-
Board of Directors
Arrowhead General Insurance Agency, Inc.

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Well, is there a connection, is he on the Waldman team?

Only time will tell.

-

Late arriving information, from a reliable source in a position to know; indicates that there is no connection between Mr. Waldman and Mr. Sima.

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Dave Israel

THINK ABOUT IT!

Hi All,
Here is a comment that I missed.
………………………………………..
George R. Pittell said...
-
"As one who attends the Delegate Meetings during the months I am in Florida I think it would be great to be able to see the meetings on the blog when I am away. Pushing the technological envelope even further it would be better still if it was a live showing and further still if we were able to phone in or email our comments. Well anyway just a thought".
-
This is a very interesting Comment; and actually is quite do-able.
-
There is one practical issue as regards “live” narrowcasting of the Delegate Assembly.
-
Very often votes must be taken, and if we narrowcast live, we might never get a quorum; it would make an interesting experiment!. Also, certain meetings of wide interest and importance would make good candidates; Officers Committee, Operations Committee, Finance Committee, Security Committee, Cable Committee, UCO Budget Workshop…Etc…! All such things would be greatly enabled if the Village was WiFi’ed. Think about such things when you vote in March.
-
Dave Israel

UCO Property

Repeating don4060 question:
Q - What exactly is "uco property" and "assn property"? Have these areas and lines been surveyed and marked? Does UCO or the assns have deeds to their respective lands? How does this work? I am interested in the history of this subject. I remember years ago being told that the land under the housing is on a one hundred year lease, hence the name.

A - Pat Blunck @ UCO has detailed maps of CV. Your own bylaw package should have your Survey of the Association Property (see last items on left of blog “Century Village, West Palm Beach, Condominium Documents – Working Aid”).
There has been plenty blog discussion on finding your deeds etc. I will leave it to you to search blog archives if needed, since I am mountain climbing.
http://pbcgov.com/papa/aspx/GeneralSearch/GeneralSearch.aspx
As to history of CV name, I do not know…

Delegate Assembly - 7 August, 2009

Hi All,
Thanks to a reference Site given to me by Ken Graff, we now have a more professional format which allows presentation of the Delegate Assembly in just two parts, to view either part in Full Screen, right click on the screen and select "Full Screen":

Dave Israel
............................................................................................

Delegate Assembly - August 7, 2009 Part I

............................................................................

Delegate Assembly - 7 August, 2009 Part II

UCO - COMMITTEE OVERSight PERSONS

Re Howard ‘Visitor Pool Issues’ - Posts that begin ‘why doesn’t UCO..” are generally doomed unless they fall under Dave’s oversight. Questions directly to appropriate VP, or at Operations Mtg for WPRF issues may produce more results. List from last March:

UCO - COMMITTEE OVERSight PERSONS

(VP)Frank Cornish….....................(VP)Dave Israel
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Programs & Services………...........………………Cable
Transportation………………...........………………Channel 63
Investigations……….......………………………..Safety
…………………………………....……………………Welcome
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(VP)Jerry Karpf………………………(VP)Bob Marshall
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Maintenance…………........…………………….Irrigation
Advisory………………………………………Infrastructure
Community Relations………........………….Beautification
……………………………………………………Signs & Benches
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(P)George Loewenstein……………..(CAM)Pat Blunck
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C E R T…………………………………………Elections
Insurance…………………………………..Computers
Operations…………………………………Nominations
Security……………………………………..Lifts
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(T)Dorothy Tetro
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Finance
Reporter
One unit/One vote

4-way intersection

I found this on FL hurricane prepare site.
http://www.palmbeachpost.com/storm/content/storm/slideshows/graphics/intersection.html
I thought it would help our 4-way until I watched number 3.
Does anyone in FL know left from right!

Visitor Pool Issue

Why have we not heard from UCO regarding this matter. WPRF seems to be on board with enforcing the rules that are published?

Guest Pool Issue reply from Ms. Anita Cruz

Thank you for sending me a copy of your letter posted to Dave’s Blog. I’m sorry that you are disappointed with the service provided by the security as it relates to ID checks for users of the Guest Pool. Please allow me to clarify a couple of points:

· Anyone using a WPRF pool MUST have an approved Century Village® ID.
· All users of WPRF pools MUST abide by the rules posted at each pool.

Security is required to do “random checks” of pool users as they do their rounds. This requires pool users to provide their ID’s to the officer upon request, and the random nature of the checks is designed to come as a surprise to those who choose to violate the rules, while at the same time allowing those in compliance to swim and/or sun without being continuously interrupted.

As for your closing statement, “I think that all adult users of the Guest Pool, resident and guest, should be requested to show their ID every time that the guard comes around”: this is a policy change to the security post orders that would be made by the UCO Operations Committee. WPRF enforces all policies set by the UCO Operations Committee.

Thank you for your continued interest and comments.

Anita J. Cruz
Vice President
W.P.R.F., Inc.
200 Century Boulevard
West Palm Beach, FL 33417-2247
Phone: (561) 640-3111
Fax: (561) 640-0075

Two Men on one guitar

Two men playing Mozart on one Guitar ! I thought very nice.

The Visitors in the Guest Pool

Hi All

Why is there no enforcement of the CV ID at the Guest Pool. Latley there are many visitors, with large extended families without an obvious senior in the group, that come into the pool and are not asked for ID when the security guard makes the rounds?

Golf Course

I was very disappointed at the UCO meeting on Friday when we did not have a more in depth discussion regarding the Golf Course. I think that Al Sharpin is a fool to believe that no one will come into the Village through the golf course or for that matter the low fence on Okachobee Blvd. If we are not going to spend the money now, no matter how much we will at some later date should be rezoned. The county will have more money from taxes on housing than it is on the land now. If some of the associations don't want to have the fence on their common property so be it. At some point later they will see the folly of their ways and then they can pay for the rest of the fence themselves. We are supposed to be a 'gated community'. Does that not mean a fenced in community. We are spending so much money for security. Why, if we are leaving so much of community without security, a fence. I would suggest that we do away with paying for security if we are not secure. Ed Black said that we would have a surplus from our budget. Why not start now on the fence. May I also ask Ed why he did not speak up for the fence during the meeting or Dave. You were both quite vocal on the blog, but in the meeting where it counts, as maybe not all delegates have computers you kept quiet. One way or another, today or tomorrow we will need to secure our community. Why not now. We borrowed money to rebuild UCO office, why not for our security? Where are your brains?

THREE STOOGES VIDEO TEST

Hi all,

This is a test of a long video upload. It is a prelude to possibly placing the monthly Delegate Assembly on the BLOG.

We would like to hear from our BLOGGERS, especially Snowbirds as to your interest in this capability.

Thanks,

Dave Israel

NEW FEATURES IN THE SIDEBAR

Hi all,
We have added three new features to the Sidebar.

1) Ten most recent Posts - summary

2) Most recent coments expanded to 10 vice 5

3) TWITTER stream for subject: CVconfidential

4) CNBC; Click arrow to play and click "II" to pause

Please let the BLOGGER team hear how you like these features in the Comment stream.

Dave Israel

The CV Fund now has a computer!

Thanks to an anonymous gift, the CV Fund has been able to order the computer we needed so desperately, and we now have it in hand. The computer is an Acer "Travel Mate" 5530 laptop, wireless or it can be used with wire, and particularly suited for business computing. Ed Black and Dave Israel are now working on installing the software we will need for our operations. Very soon now, with the purchase of a printer, we will have an efficient means to write letters to local businesses and corporations, asking for contributions and applying for grants. We will also be better able to keep track of donations and donors, and print out labels and receipts.

Thank you to our anonymous donor, and thank you all for your interest.

While waiting for the computer, we haven’t been idle. We have been sending letters to local businesses the old-fashioned way. These are businesses that have a stake in our well-being, because many Villagers are their customers. We have been contacting plumbers and electricians, our maintenance companies, banks and insurance companies, doctors and rehab facilities, service stations, restaurants, grocery stores, pharmacies, beauty salons, real estate agencies, and others. Already some money has begun to come in from these merchants. We are making it clear to them that we are not singling them out for a handout. We have told them we have been asking our own residents to contribute, as well as clubs and associations in the Village, and that we are gearing up to request funds and grants from foundations and large corporations—in short, that this is a multi-pronged effort.

Every little bit helps, whether you earmark a gift for an item such as a printer or postage or stationery, or you make a general donation to the Fund for the relief of our residents in need. Donations should be sent to: The CV Fund, Inc., 207 Salisbury I, West Palm Beach, FL 33417; telephone 640-7606.

Thanks!

MANDATORY IMMUNIZATION AND THE LAW

Hi All,
Florida Statute, FS 381.00315 provides for certain emergency powers under a Declaration of Health emergency, including:

4. Ordering an individual to be examined, tested, vaccinated, treated, or quarantined for communicable diseases that have significant morbidity or mortality and present a severe danger to public health. Individuals who are unable or unwilling to be examined, tested, vaccinated, or treated for reasons of health, religion, or conscience may be subjected to quarantine.

As to the extension of such powers to mandate mass Vaccination, I believe this to be a fuzzy area under the law; the following well researched and footnoted paper will prove informative.

Dave Israel
................................................................................................................................
Mandatory Vaccinations: Precedent and Current Laws

This report discusses the legal precedent for mandatory vaccination laws and provides a brief overview of state laws that require certain individuals or populations to be vaccinated against various communicable diseases. The role of both the federal and state governments with respect to public health emergency powers, including requiring the use of a vaccine, is discussed.

Angie A. Welborn
Congressional Research Service
July 13, 2009

Editor’s note: This Congressional Research Service (CRS) report was originally posted on the Federation of American Scientists website at: ( http://www.fas.org/sgp/crs/RS21414.pdf )

The CRS is the public policy research arm of the United States Congress and its reports are highly regarded as in-depth, accurate, objective, and timely, but as a matter of policy they are not made directly available to members of the public. The document was last updated on January 18, 2005.

Summary

This report discusses the legal precedent for mandatory vaccination laws and provides a brief overview of state laws that require certain individuals or populations to be vaccinated against various communicable diseases. The role of both the federal and state governments with respect to public health emergency powers, including requiring the use of a vaccine, is discussed. This report will be updated as warranted.

History and Precedent

Historically, the preservation of the public health has been the responsibility of state and local governments, and the authority to enact laws relevant to the protection of the public health derives from the state’s general police powers.1 With respect to the preservation of the public health in cases of communicable disease outbreaks, these powers may include the institution of quarantine or the enactment of mandatory vaccination laws.2 Mandatory vaccination laws were first enacted in the early nineteenth century, with Massachusetts enacting the first such law in 1809.3

Jacobson v. Massachusetts is viewed as the seminal case regarding a state’s or municipality’s authority to institute a mandatory vaccination program as an exercise of its police powers.4

In Jacobson, the Supreme Court upheld a Massachusetts law that gave municipal boards of health the authority to require the vaccination of persons over the age of 21 against smallpox, and determined that the vaccination program instituted in the city of Cambridge had “a real and substantial relation to the protection of the public health and safety.”5

In upholding the law, the Court noted that “the police power of a State must be held to embrace, at least, such reasonable regulations established directly by legislative enactment as will protect the public health and the public safety.”6

The Court added that such laws were within the full discretion of the State, and that Federal powers with respect to such laws extended only to ensure that the state laws did not “contravene the Constitution of the United States or infringe any right granted or secured by that instrument.”7

The Court addressed the constitutional concerns raised by the petitioner in Jacobson, but remained unconvinced that his rights were “contravened” by the mandatory vaccination program. The petitioner argued that “his liberty is invaded when the State subjects him to fine or imprisonment for neglecting or refusing to submit to vaccination; that a compulsory vaccination law is unreasonable, arbitrary and oppressive, and, therefore, hostile to the inherent right of every freeman to care for his own body and health in such way as to him seems best; and that the execution of such a law against one who objects to vaccination, no matter for what reason, is nothing short of an assault upon his person.”8

The Court rejected the petitioner’s constitutional challenge and noted that “the liberty secured by the Constitution of the United States to every person within its jurisdiction does not import an absolute right in each person, to be, at all times and in all circumstances wholly free from restraint.”9

State Mandatory Vaccination Laws

School Vaccination Requirements. State laws mandating vaccinations for children are very common. Every state has a law requiring children to be vaccinated before they enroll in a public or private school. Early statutes required vaccination against smallpox and were amended as new vaccines were introduced.10

Many modern school vaccination laws are the result of measles outbreaks in the 1960’s and 1970’s.11

Generally, states use the Centers for Disease Control and Prevention’s schedule of immunizations as a guide, and require children to be vaccinated against a number of diseases on the schedule, including diphtheria, measles, rubella, and polio.12

Despite the wide-spread imposition of school vaccination requirements, many states provide exemptions for medical, religious, and, to a lesser extent, philosophical reasons. These provisions vary by state, with medical exemptions for children who may suffer adverse effects from the vaccine being the most common. For example, in Colorado and most other states, an exemption from the vaccination requirements may be obtained by submitting to the school a certification from a licensed physician that “the physical condition of the student is such that one or more specified immunizations would endanger his or her life or health or is medically contradicted due to other medical conditions.”13

Almost all states also grant religious exemptions for persons who oppose immunizations for religious reasons.14

The statutes allowing religious exemptions vary, with some requiring only a statement of dissent from the student, parent, or guardian, and others requiring a more specific statement regarding the child’s membership in a religious denomination that opposes immunizations.15

Exemptions based on philosophical or moral convictions in opposition to immunization are less common, but are provided by more than a dozen states, including Arizona, California, Idaho, Louisiana, Maine, Michigan, Minnesota, Nebraska, North Dakota, Ohio, Oklahoma, Vermont, Washington, and Wisconsin.16

States may specify that such religious or philosophical beliefs be “sincere” or “conscientiously held.”17

Vaccination Orders During a Public Health Emergency.

Many states also have laws providing for mandatory vaccinations during a public health emergency or outbreak of a communicable disease. Generally, the power to order such actions rests with the governor of the state, the state board of health, or the state health officer. For example, in Hawaii, the Governor has the power to supplement the state’s existing compulsory vaccination programs and institute additional programs in the event of a civil defense emergency period.18

Arizona also authorizes the Governor, during a state of emergency or state of war emergency in which there is an occurrence or the imminent threat of smallpox or other highly contagious and highly fatal disease, “to issue orders that mandate treatment or vaccination of persons who are diagnosed with illness resulting from exposure or who are reasonably believed to have been exposed or who may reasonably be expected to be exposed.”19

In Florida, upon declaration of a public health emergency, the state health officer may order an individual to be vaccinated “for communicable diseases that have significant morbidity or mortality and present a severe danger to public health.”20

Other states have provisions for mandatory vaccinations, but provide exemptions similar to those for childhood vaccinations discussed above. For example, in Connecticut, a person may refuse a vaccination if a physician determines that “it would not be prudent on account of sickness.”21

In Virginia, vaccination requirements may also be waived if the vaccination would be detrimental to a person’s health, as certified by a physician.22

Wisconsin allows a person to refuse a vaccination for medical reasons and also for “reasons of religion or conscience.”23

However, if a person refuses to be vaccinated, he or she may be quarantined during the public health emergency giving rise to the vaccination order.24

Model State Emergency Health Powers Act. In addition to the current laws, many states are considering or have considered the provisions set forth in the Model State Emergency Health Powers Act. The Model State Emergency Health Powers Act was drafted by The Center for Law and the Public’s Health at Georgetown and Johns Hopkins Universities.25

The Model Act seeks to “grant public health powers to state and local public health authorities to ensure strong, effective, and timely planning, prevention, and response mechanisms to public health emergencies (including bioterrorism) while also respecting individual rights.”26

It is important to note that this is intended to be a model for states to use in evaluating their emergency response plans, and passage of the Model Act in its entirety is not required. In fact, many states will likely use parts of the Model Act, but tailor their statutes and regulations to respond to unique or novel situations that may arise in their jurisdiction.
The Model State Emergency Health Powers Act addresses a number of issues likely to arise during a public health emergency and offers guidelines for states with respect to what powers may be necessary during such an emergency. With respect to vaccinations, the Act includes provisions similar to the current laws discussed above. Under the Model Act, during a public health emergency the public health authority would be authorized to “vaccinate persons as protection against infectious disease and to prevent the spread of contagious or possibly contagious disease.”27

The Act requires that the vaccine be administered by a qualified person authorized by the public health authority, and that the vaccine “not be such as is reasonably likely to lead to serious harm to the affected individual.”28

The Act recognizes that individuals may be unable or unwilling to undergo vaccination “for reasons of health, religion, or conscience,” and provides that such individuals may be subject to quarantine to prevent the spread of a contagious or possibly contagious disease.29

Role of the Federal Government

Under the Public Health Service Act, the Secretary of Health and Human Services has the authority to make and enforce regulations necessary “to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession.”30

While this language appears to confer broad authority to promulgate regulations necessary to prevent the spread of disease, the only regulations specifically authorized by the Act relate to the apprehension, detention, examination, or conditional release of individuals.31

The Act does not specifically authorize regulations related to mandatory vaccination programs, nor do there appear to be any regulations regarding the implementation of a mandatory vaccination program at the federal level during a public health emergency.32

As noted above, state and local governments have the primary responsibility for protecting the public health, and this has been reflected in the enactment of state laws pertaining to public health and establishing procedures during a public health emergency. Any federal mandatory vaccination program applicable to the general public would likely be limited to areas of existing federal jurisdiction, similar to the federal quarantine authority.33

Generally, federal regulations authorizing the apprehension, detention, examination, or conditional release of individuals are applicable only to individuals coming into a State or possession from a foreign country or a possession.34

This limitation on federal jurisdiction acknowledges that states have the primary responsibility for protecting the public health, but under certain circumstances, federal intervention may be necessary. Any federal mandatory vaccination program applicable to the general public would likely incorporate similar jurisdictional limitations.

1 See The People v. Robertson, 134 N.E. 815, 817 (1922).
2 For more information on state and federal quarantine authority, see CRS Report RL31333, Federal and State Responses to Biological Attacks: Isolation and Quarantine Authority.
3 Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint, p. 181 and n. 27. 4 197 U.S. 11 (1905).
4 Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint, p. 181 and n. 27. 4 197 U.S. 11 (1905).
5 Id at 31. The Massachusetts statute in questions reads as follows: “Boards of health, if in their opinion it is necessary for public health or safety, shall require and enforce the vaccination and revaccination of all the inhabitants of their towns, and shall provide them with the means of free vaccination. Whoever refuses or neglects to comply with such requirement shall forfeit five dollars.” ALM GL ch. 111, § 181 (2004).
6 Id at 25.
7 Id.
8 Id at 26.
9 Id.
10 James G. Hodge, Jr. and Lawrence O. Gostin, School Vaccination Requirements: Historical, Social, and Legal Perspectives, 90 Ky. L. J. 831, 867 (2001/2002).
11 Id at 868.
12 Id. See id at 869 for a complete list state laws regarding school vaccination requirements.
13 Colo. Rev. Stat. § 25-4-903(2)(a) (2004).
14 Only one state – West Virginia – appears to not provide for an exemption based on religious beliefs. W. Va. Code § 16-3-4 (2004). 15 See e.g., La. Rev. Stat. Ann. § 17:170(E) (2004); Kan. Stat. Ann. § 72-5209(b)(2) (2003). 16 See supra note 10 at fn. 234. 17 See e.g., Massachusetts, ALM GL ch. 76, § 15 (2004); Minn. Stat. Ann. § 121A.15 (2003). 18 HRS § 128-8 (2003). State law authorizes the department of health to adopt rules “requiring and governing immunization against [communicable diseases], if a suitable immunizing agent is available for the disease and a need for immunization against it exists within the State.” HRS § 325-32 (2003).
15 See e.g., La. Rev. Stat. Ann. § 17:170(E) (2004); Kan. Stat. Ann. § 72-5209(b)(2) (2003).
16 See supra note 10 at fn. 234.
17 See e.g., Massachusetts, ALM GL ch. 76, § 15 (2004); Minn. Stat. Ann. § 121A.15 (2003).
18 HRS § 128-8 (2003). State law authorizes the department of health to adopt rules “requiring
and governing immunization against [communicable diseases], if a suitable immunizing agent
is available for the disease and a need for immunization against it exists within the State.” HRS
§ 325-32 (2003).
19 A.R.S. § 36-787 (2004).
20 Fla. Stat. § 381.00315 (2004). 21 Conn. Gen. Stat. § 19a-222 (2003). 22 Va. Code Ann. § 32.1-48 (2004). 23 Wis. Stat. § 252.041 (2004).
21 Conn. Gen. Stat. § 19a-222 (2003). 22 Va. Code Ann. § 32.1-48 (2004). 23 Wis. Stat. § 252.041 (2004).
24 Id.
25 A copy of the Model Act can be found at [http://www.publichealthlaw.net/Resources/Modellaws.htm].
26 Id.
27 Model State Emergency Health Powers Act, Article VI, Sec. 603.
28 Id.
29 Id. Quarantine provisions are located in Section 604 of the Model Act.
30 42 U.S.C. 264. Originally, the statute conferred this authority on the Surgeon General; however, pursuant to Reorganization Plan No. 3 of 1966, all statutory powers and functions of the Surgeon General were transferred to the Secretary.
31 42 U.S.C. 264(c).
32 For more information on federal vaccination policy, see CRS Report RL31694, Smallpox Vaccine Stockpile and Vaccination Policy.
33 See supra note 2.
34 42 U.S.C. 264(c). However, such regulations may provide for the apprehension and examination of “any individual reasonably believed to be infected with a communicable disease in a qualifying stage and (A) to be moving or about to move from a State to another State; or (B) to be a probable source of infection to individuals who, while infected with such disease in a qualifying stage, will be moving from a State to another State.” 42 U.S.C. 264(d).

H1N1 & FL law

Attempting to discover what FL state/local law is regarding mandatory vaccination (i.e. if H1N1 epidemic/pandemic would occur) have checked FL DOH but don't see specific answer---anyone know? Dave, our research guru? thanks/
.....................................................................................................................................
Your BLOGMEISTER responds:

I am aware of no current law mandating Vaccination in Florida; EXCEPT as regards certain categories of School Children, see below.

Having said that, If a National or State Health Emergency is declared; certain protocols can be invoked with the force of law:
........................................................................................................................................

FLORIDA STATUTES

Chapter 1003

1003.22: School entry health examinations; immunization against communicable diseases; exemptions; duties of Department of Health.

(1) Each district school board and the governing authority of each private school shall require that each child who is entitled to admittance to kindergarten, or is entitled to any other initial entrance into a public or private school in this state, present a certification of a school-entry health examination performed within 1 year prior to enrollment in school. Each district school board, and the governing authority of each private school, may establish a policy that permits a student up to 30 school days to present a certification of a school-entry health examination. A homeless child, as defined in s. 1003.01, shall be given a temporary exemption for 30 school days.

Any district school board that establishes such a policy shall include provisions in its local school health services plan to assist students in obtaining the health examinations. However, any child shall be exempt from the requirement of a health examination upon written request of the parent of the child stating objections to the examination on religious grounds.

(2) The State Board of Education, subject to the concurrence of the Department of Health, shall adopt rules to govern medical examinations and immunizations performed under this section.

(3) The Department of Health may adopt rules necessary to administer and enforce this section. The Department of Health, after consultation with the Department of Education, shall adopt rules governing the immunization of children against, the testing for, and the control of preventable communicable diseases. The rules must include procedures for exempting a child from immunization requirements. Immunizations shall be required for poliomyelitis, diphtheria, rubeola, rubella, pertussis, mumps, tetanus, and other communicable diseases as determined by rules of the Department of Health. The manner and frequency of administration of the immunization or testing shall conform to recognized standards of medical practice. The Department of Health shall supervise and secure the enforcement of the required immunization. Immunizations required by this section shall be available at no cost from the county health departments.

(4) Each district school board and the governing authority of each private school shall establish and enforce as policy that, prior to admittance to or attendance in a public or nonpublic school, grades preschool through 12, each child present or have on file with the school a certification of immunization for the prevention of those communicable diseases for which immunization is required by the Department of Health and further shall provide for appropriate screening of its pupils for scoliosis at the proper age. Such certification shall be made on forms approved and provided by the Department of Health and shall become a part of each student's permanent record, to be transferred when the student transfers, is promoted, or changes schools. The transfer of such immunization certification by Florida public schools shall be accomplished using the Florida Automated System for Transferring Education Records and shall be deemed to meet the requirements of this section.

(5) The provisions of this section shall not apply if:

(a) The parent or guardian of the child objects in writing that the administration of immunizing agents conflicts with his or her religious tenets or practices;

(b) A physician licensed under the provisions of Chapter 458 or Chapter 459 certifies in writing, on a form approved and provided by the Department of Health, that the child should be permanently exempt from the required immunization for medical reasons stated in writing, based upon valid clinical reasoning or evidence, demonstrating the need for the permanent exemption;

(c) A physician licensed under the provisions of Chapter 458, Chapter 459, or Chapter 460 certifies in writing, on a form approved and provided by the Department of Health, that the child has received as many immunizations as are medically indicated at the time and is in the process of completing necessary immunizations;

(d) The Department of Health determines that, according to recognized standards of medical practice, any required immunization is unnecessary or hazardous; or

(e) An authorized school official issues a temporary exemption, for a period not to exceed 30 school days, to permit a student who transfers into a new county to attend class until his or her records can be obtained. A homeless child, as defined, in s. 1003.01, shall be given a temporary exemption for 30 school days. The public school health nurse or authorized private school official is responsible for follow-up of each such child until proper documentation or immunizations are obtained. An exemption for 30 days may be issued for a student who enters a juvenile justice program to permit the child to attend class until his or her records can be obtained or until the immunizations can be obtained. An authorized juvenile justice official is responsible for follow up of each child who enters a juvenile justice program until proper documentation or immunizations are obtained.

(6)

(a) No person licensed by this state as a physician or nurse shall be liable for any injury caused by his or her action or failure to act in the administration of a vaccine or other immunizing agent pursuant to the provisions of this section if the person acts as a reasonably prudent person with similar professional training would have acted under the same or similar circumstances.

(b) No member of a school board, or any of its employees, or member of a governing board of a nonpublic school, or any of its employees, shall be liable for any injury caused by the administration of a vaccine to any student who is required to be so immunized or for a failure to diagnose scoliosis pursuant to the provisions of this section.

(7) The parents or guardians of any child admitted to or in attendance at a Florida public or private school, grades preschool through 12, are responsible for assuring that the child is in compliance with the provisions of this section.

(8) Each public school, including kindergarten, and each private school, including private kindergarten, shall be required to provide to the county health department director or administrator annual reports of compliance with the provisions of this section. Reports shall be completed on forms provided by the Department of Health for each kindergarten, and other grade as specified; and the reports shall include the status of children who were admitted at the beginning of the school year. After consultation with the Department of Education, the Department of Health shall establish by administrative rule the dates for submission of these reports, the grades for which the reports shall be required, and the forms to be used.

(9) The presence of any of the communicable diseases for which immunization is required by the Department of Health in a Florida public or private school shall permit the county health department director or administrator or the State Health Officer to declare a communicable disease emergency. The declaration of such emergency shall mandate that all children in attendance in the school who are not in compliance with the provisions of this section be identified by the district school board or by the governing authority of the private school; and the school health and immunization records of such children shall be made available to the county health department director or administrator. Those children identified as not being immunized against the disease for which the emergency has been declared shall be temporarily excluded from school by the district school board, or the governing authority of the private school, until such time as is specified by the county health department director or administrator.

(10) Each district school board and the governing authority of each private school shall:

(a) Refuse admittance to any child otherwise entitled to admittance to kindergarten, or any other initial entrance into a Florida public or private school, who is not in compliance with the provisions of subsection (2);

(b) Temporarily exclude from attendance any student who is not in compliance with the provisions of subsection (4).

(11) The provisions of this section do not apply to those persons admitted to or attending adult education classes unless the adult students are under 21 years of age.

discuss more things condo

You might want to take a look at the new BLOG of the Sun Sentinel at the
"Welcome to the best damn condo & HOA blog on the planet" at:
http://blogs.sun-sentinel.com/condoblog/2009/07/welcome-to-the-best-condo-hoa-blog-on-the-planet.html

The host is Daniel Vasquez, the Sun Sentinel columnist who authors LIVING WITH RULES: Stories, Tips and Advice on Condos and HOAs!
The latest issue is about recalls.
See: http://blogs.sun-sentinel.com/condoblog/2009/08/does-your-board-have-a-members-who-should-be-removed.html
This should make condo-anon happy.

STUPID & DUMB

Everyday when I listened to the news and I heard that President Obama
is not a USA citizen I took it with a grain of salt. Well now a couple of
month later it has got my dander up. President Obama has been in
office around 7 months now and tonight I hear someone claim that
he is from Australia??? Why is it that when Obama was campaigning
nobody question him about being a USA citizen and on the day of his
inauguration nobody ever said a word about his birth certificate?
How come none of these so call birthers have come up and produce
a birth certificate from Africa? Why? Because President Obama is
a United States Citizen and all you birthers are just dumb & stupid
and you have nothing better than to bitch about Obama. I know the
reason why and I know when I say it that many will throw stones at
me but I am saying the truth and that is the birthers are doing it to
take the news away from how the Republicans are really sinking
in a deep deep hole. How many of you are going to vote for one of
the dumbest woman in the world and you all know her name. Just
look at the video on the Blog showing just how dumb she is.

Interesting and Unusual Facts

"Dreamt" is the only English word that ends in the letters "mt".

"Rhythms" is the longest English word without the normal vowels, a, e, i, o, or u.

"Stewardesses" is the longest word that can be typed with only the left hand.

"The sixth sick sheik's sixth sheep's sick" is said to be the toughest tongue twister in English.

"THEREIN" is a seven-letter word that contains thirteen words spelled using consecutive letters: the, he, her, er, here, I, there, ere, rein, re, in, therein, and herein.

what’s the TV diff – box, no box

If you DO NOT have the new Comcast set top box you will no longer get the following channels, which were removed from our Basic service and moved onto Digital Starter i.e. the box.
CMT Country Music Channel, now 81/146 on the box
C-Span 2 Senate, 82/104
Oxygen, 83/123
Style, 84/118
ETW religion, 243
Shop NBC, 280
The Digital Starter tier (box) has the above and Channel 1 Video On Demand as explained by Dave – it also has 119 Lifetime Movie Network, extra foreign language channels, weather, 225 Retro, and the testosterone soaked 730 Versus.
See the Lineup card Digital Starter section from Comcast.

left click to supersize

BLOG STATISTICS - AUGUST 01, 2009

World map showing BLOG hits countries of origin, in green

Hi All,
It has been some time since I provided you with an overview of our BLOG usage. It had been my intent to do it monthly and I have been remiss:

· Total unique visitors:………. 13,875
· Total Visits:…………93,999
· Total page views…… 211,893

The BLOG has been visited by residents of 96 countries

-
The top ten in order of hits are:

-
1) United States
2) Canada
3) United Kingdom
4) Israel

5) Australia
6) India
7) Argentina
8) Germany
9) Brazil
10) Spain

-
From the United States, all 50 States, and the District of Columbia are represented; the top ten in order of hits are:

-
1) Florida
2) New York
3) Massachusetts
4) California
5) Texas
6) New Jersey
7) Georgia
8) Pennsylvania
9) Vermont
10) Connecticut (That would be the NUTMEG State)

-
From Florida, 201 cities are represented, the top ten in order of hits are:

-
1) North Palm Beach
2) Lake worth
3) West Palm Beach
4) Deerfield Beach
5) Boca Raton
6) Pompano Beach
7) Delray Beach
8) Boynton Beach
9) Miami
10) Pembroke Pines

-

Our BLOG continues to grow, so spread the word.

Dave Israel

The BLOGMEISTER