Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1694
       
       
       
       
       
       
                                Barcode 767910                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2011           .                                
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       The Committee on Banking and Insurance (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) of section 627.736, Florida
    6  Statutes, is amended, and subsections (17) and (18) are added to
    7  that section, to read:
    8         627.736 Required personal injury protection benefits;
    9  exclusions; priority; claims.—
   10         (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY’S FEES.
   11  With respect to any dispute under the provisions of ss. 627.730
   12  627.7405 between the insured and the insurer, or between an
   13  assignee of an insured’s rights and the insurer, the provisions
   14  of s. 627.428 shall apply, except as provided in subsections
   15  (10) and (15), and except that any attorney’s fees recovered are
   16  limited to the lesser of $200 per billable hour or:.
   17         (a) For a disputed amount less than $500, 15 times the
   18  disputed amount recovered by the attorney under ss. 627.730
   19  627.7407, up to a total of $5,000.
   20         (b) For a disputed amount of $500 or more and less than
   21  $5,000, 10 times the disputed amount recovered by the attorney
   22  under ss. 627.730-627.7407, up to a total of $10,000.
   23         (c) For a disputed amount of $5,000 or more and up to
   24  $10,000, five times the disputed amount recovered by the
   25  attorney under ss. 627.730-627.7407, up to a total of $15,000.
   26         (17) CLASS ACTIONS.—Attorney’s fees in a class action under
   27  ss. 627.730-627.7407 are limited to the lesser of $50,000 or
   28  three times the total of the disputed amount recovered in the
   29  class action proceeding.
   30         (18) ATTORNEY’S FEES.—Notwithstanding s. 627.428, the
   31  attorney’s fees recovered under ss. 627.730-627.7407 shall be
   32  calculated without regard to any contingency risk multiplier.
   33         Section 2. This act shall take effect July 1, 2011.
   34  
   35  ================= T I T L E  A M E N D M E N T ================
   36         And the title is amended as follows:
   37         Delete everything before the enacting clause
   38  and insert:
   39                        A bill to be entitled                      
   40         An act relating to motor vehicle personal injury
   41         protection insurance; amending s. 627.736, F.S.;
   42         limiting attorney’s fees based on the disputed amount;
   43         limiting attorney’s fees in class actions; providing
   44         that attorney’s fees are calculated without regard to
   45         a contingency risk multiplier; providing an effective
   46         date.