Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1860
       
       
       
       
       
       
                                Barcode 655116                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 10/F/2R         .                                
             03/06/2012 06:23 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Siplin moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 506 and 507
    4  insert:
    5         Section 7. Subsection (12) of section 627.0651, Florida
    6  Statutes, is amended to read:
    7         627.0651 Making and use of rates for motor vehicle
    8  insurance.—
    9         (12)(a) Any portion of a judgment entered as a result of a
   10  statutory or common-law bad faith action and any portion of a
   11  judgment entered which awards punitive damages against an
   12  insurer may shall not be included in the insurer’s rate base,
   13  and shall not be used to justify a rate or rate change. Any
   14  portion of a settlement entered as a result of a statutory or
   15  common-law bad faith action identified as such and any portion
   16  of a settlement wherein an insurer agrees to pay specific
   17  punitive damages may shall not be used to justify a rate or rate
   18  change. The portion of the taxable costs and attorney attorney’s
   19  fees which is identified as being related to the bad faith and
   20  punitive damages in these judgments and settlements may shall
   21  not be included in the insurer’s rate base and used shall not be
   22  utilized to justify a rate or rate change.
   23         (b) Any portion of a judgment or settlement for taxable
   24  costs and attorney fees in favor of a prevailing plaintiff
   25  against an insurer in a claim for benefits under ss. 627.730
   26  627.7405, the Florida Motor Vehicle No-Fault Law, may not be
   27  included in the insurer’s rate base and used to justify a rate
   28  or rate change.
   29  
   30  ================= T I T L E  A M E N D M E N T ================
   31         And the title is amended as follows:
   32         Between lines 44 and 45
   33  insert:
   34         627.0651, F.S.; prohibiting attorney fees awarded to
   35         plaintiffs in claims for benefits under the Florida
   36         Motor Vehicle No-Fault Law from being included in
   37         insurance rates; amending s.