Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1990
                        Barcode 105460
                            CHAMBER ACTION
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11  The Committee on Banking and Insurance (Geller) recommended
12  the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
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17  and insert:  
18         Section 1.  Subsection (8) of section 627.736, Florida
19  Statutes, is amended to read:
20         627.736  Required personal injury protection benefits;
21  exclusions; priority; claims.--
22         (8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S
23  FEES.--With respect to any dispute under the provisions of ss.
24  627.730-627.7405 between the insured and the insurer, or
25  between an assignee of an insured's rights and the insurer,
26  the provisions of s. 627.428 shall apply, except as provided
27  in subsection (11). If a court awards an attorney's fee
28  pursuant to this subsection, a contingency fee risk multiplier
29  shall not be applied in determining a reasonable attorney's
30  fee unless the court finds that:
31         (a)  The attorney agreed to pursue the case on a
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    3:10 PM   04/04/05                             s1990d-bi31-c8h


    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1990
                        Barcode 105460
 1  contingency fee basis;
 2         (b)  At the outset of the case the relevant market
 3  required a fee multiplier to obtain competent counsel; and
 4         (c)  The attorney was unable to mitigate the risk of
 5  nonpayment of attorney's fees for prosecuting the case.
 6         Section 2.  This act shall take effect July 1, 2005.
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10  And the title is amended as follows:
11         Delete everything before the enacting clause
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13  and insert:
14                  A bill to be entitled
15         An act relating to attorney's fees; amending s.
16         627.736, F.S.; providing guidelines for
17         determining contingency fee risk multipliers in
18         attorney's fee awards in cases involving
19         personal injury protection benefits; providing
20         an effective date.
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    3:10 PM   04/04/05                             s1990d-bi31-c8h