The state of Florida plans to file a brief in support of alawsuit filed Sept. 26 by the Mississippi Insurance Departmentseeking an injunction that would delay flood insurance rate hikesthat went into effect Oct. 1.

A hearing on the lawsuit in federal court in Gulfport, Miss. isscheduled for Oct. 28, according to Mike Chaney, Mississippiinsurance commissioner.

At the same time, Sen. Mary Landrieu (D-La.) announced Mondaythat 24 members of the Senate were sending a letter to the Senateleadership calling for immediate relief for flood insurancepolicyholders affected by Biggert-Waters, the legislation that led to the rate hikes.

The senators ask that a temporary delay for certain rateincreases “be included in any viable legislative vehicle” whilethey continue to work on a more comprehensive solution.

The federal government is shut down because funds to run it ranout Sept. 30. There have been continuing efforts to include such aprovision in legislation extending the debt limit and refunding thegovernment.

However, Sen. Charles Schumer (D-N.Y.), a member of theSenate leadership, has told representatives of citizens group thathave organized to persuade Congress to delay the increases that ismore likely that action on such provisions will be taken up byCongress only after the debt and shutdown crisis is resolved.

In announcing plans to file an amicus brief Thursday, RepublicanFlorida Gov. Rick Scott lambasted President Obama, saying thepresident “is failing to save Florida families from huge floodinsurance rate hikes and that is why we are going to supportMississippi in their lawsuit against the Federal EmergencyManagement Agency.

“This unfair rate hike could devastate Florida's real estatemarket and homeowners,” Scott said. Ultimately, the buck stops withthe president and that's why we continue to ask him to get hisagency – FEMA – to undo this unfair insurance rate hike on Floridafamilies.”

However, the Obama administration was not consulted before theprovision mandating phasing in of actuarial rates for floodinsurance was voted on in the Senate in June 2012, according toFEMA officials.

Imposition of actuarial rates was the price demanded by Sen. TomCoburn (R-Okla.) for allowing legislation reauthorizing theNational Flood Insurance Program for five years to be added tolegislation reauthorizing transportation programs.

Support of all senators was required to add the NFIPreauthorization title, known as the Biggert-Waters Act, to thelegislation.

Moreover, FEMA Administrator Craig Fugate said in congressionaltestimony last month that the administration has determined that ithas no authority to delay the rate hikes, as Scott isdemanding.

Fugate is formerly head of the Florida Emergency ManagementAgency.

Chaney said Monday that South Carolina is considering joiningthe lawsuit, as is Louisiana.

“I welcome the support of Governor Scott, Attorney General Bondiand the State of Florida, and am very pleased that they recognizethe significance of what we're trying to accomplish,” Chaneysaid.

Chaney said the rate hikes proposed under the Biggert-Waters Act“are excessive and will affect millions of homeowners not only inMississippi and Florida, but all across the nation. Our states areunited in attempting to bring reason and common sense to the NFIPreforms.”