| 1 | The Claims Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to tort claims against the state; amending |
| 8 | s. 768.28, F.S.; providing a limitation on fees charged, |
| 9 | demanded, received, or collected for services rendered for |
| 10 | a tort claim against the state by an attorney or lobbyist; |
| 11 | providing that such limitation applies to the combined |
| 12 | total of any judgment or settlement paid, including any |
| 13 | amount paid by further act of the Legislature; clarifying |
| 14 | that fees do not include court costs; providing an |
| 15 | effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Subsection (8) of section 768.28, Florida |
| 20 | Statutes, is amended to read: |
| 21 | 768.28 Waiver of sovereign immunity in tort actions; |
| 22 | recovery limits; limitation on attorney fees; statute of |
| 23 | limitations; exclusions; indemnification; risk management |
| 24 | programs.-- |
| 25 | (8) The combined total for all fees charged, demanded, |
| 26 | received, or collected for all services rendered for a tort |
| 27 | claim under this section by an attorney or lobbyist may not |
| 28 | exceed No attorney may charge, demand, receive, or collect, for |
| 29 | services rendered, fees in excess of 25 percent of the combined |
| 30 | total of any judgment or settlement paid, including any amount |
| 31 | paid by further act of the Legislature. For the purposes of this |
| 32 | subsection, fees paid to an attorney or lobbyist do not include |
| 33 | costs as provided in chapter 57. |
| 34 | Section 2. This act shall take effect July 1, 2005. |