Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. PCS (103612) for SB 2226
       
       
       
       
       
       
                                Barcode 956600                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/25/2009           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Banking and Insurance (Fasano) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 795 - 801
    4  and insert:
    5         (4) Any person who meets all of the conditions in
    6  subsection (2) may apply to the office for payment from the
    7  trust fund equal to the unsatisfied portion of that person’s
    8  judgment or $50,000, whichever is less, but only to the extent
    9  that the amount reflected in the judgment is for actual or
   10  compensatory damages, plus any attorney’s fees and costs awarded
   11  by the trial court which have been determined by the court, and
   12  the documented costs associated with attempting to collect the
   13  judgment. Actual or compensatory damages may not include
   14  postjudgment interest. Attorney’s fees may not exceed $5,000 or
   15  20 percent of the actual or compensatory damages, whichever is
   16  less. If actual or compensatory damages, plus attorney’s fees
   17  and costs, exceeds $50,000, actual or compensatory damages must
   18  be paid first. The cumulative payment for actual or compensatory
   19  damages, plus attorney’s fees and costs, may not exceed $50,000
   20  as described in this section.
   21