Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for CS for SB 1860
Senate . House
Floor: 10/F/2R .
03/06/2012 06:23 PM .
Senator Siplin moved the following:
1 Senate Amendment (with title amendment)
3 Between lines 506 and 507
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
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.
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
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.