Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1860
       
       
       
       
       
       
                                Barcode 760588                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/02/2012           .                                
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       The Committee on Banking and Insurance (Gaetz) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1265 - 1270
    4  and insert:
    5         (8) ATTORNEY APPLICABILITY OF PROVISION REGULATING
    6  ATTORNEY’S FEES.—With respect to any dispute under the
    7  provisions of ss. 627.730-627.7405 between the insured and the
    8  insurer, or between an assignee of an insured’s rights and the
    9  insurer, upon the rendition of a judgment or decree by any court
   10  in this state, the trial court or, upon appeal the appellate
   11  court, shall adjudge or decree a reasonable sum as attorney fees
   12  or compensation for attorney fees in favor of the prevailing
   13  party the provisions of s. 627.428 shall apply, except as
   14  provided in subsections (10) and (15). In determining a
   15  reasonable sum as attorney fees or compensation for attorney
   16  fees for a prevailing insured or assignee of such insured's
   17  rights, the court may consider the application of a contingency
   18  risk multiplier. If awarded, attorney fees or compensation for
   19  attorney fees must be included in the judgment or decree
   20  rendered in the case.
   21  
   22  ================= T I T L E  A M E N D M E N T ================
   23         And the title is amended as follows:
   24         Delete line 79
   25  and insert:
   26         claims when policy limits are reached; revising
   27         provisions relating to attorney fees; consolidating