SENATE AMENDMENT

    Bill No. SB 874

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Ostalkiewicz moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 28, between lines 18 and 19,

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16  insert:

17         Section 18.  (1)  An attorney shall not contract for or

18  collect a contingency fee for representing any person seeking

19  damages in any tort action, except where otherwise provided by

20  statute, in excess of the following limits:

21         (a)  Thirty-three percent of any award up to $100,000;

22  plus

23         (b)  Twenty-five percent of any portion of the award

24  between $100,000 and $500,000; plus

25         (c)  Twenty percent of any portion of the award between

26  $500,000 and $1 million; plus

27         (d)  Fifteen percent of any portion of the award

28  exceeding $1 million.

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30  Parties may, by private contract, agree to contingent fee

31  arrangements providing for attorney fees less than provided in

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                                                  SENATE AMENDMENT

    Bill No. SB 874

    Amendment No.    





 1  these limits, but not greater.

 2         (2)  The Legislature finds and declares that there is a

 3  major litigation crisis in the State of Florida. This

 4  legislation will deter attorneys from bringing frivolous suits

 5  or encouraging their clients to hold out for unreasonably high

 6  settlements. Additionally, this legislation will protect

 7  plaintiffs from having their recoveries diminished by high

 8  contingency fees.

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10  (Redesignate subsequent sections.)

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13  ================ T I T L E   A M E N D M E N T ===============

14  And the title is amended as follows:

15         On page 4, after the semicolon,

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17  insert:

18         limiting contingent legal fees; providing

19         legislative findings;

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