Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 784
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Banking and Insurance (Brandes) recommended the
    1         Senate Amendment to Amendment (449152) (with title
    2  amendment)
    4         Between lines 1236 and 1237
    5  insert:
    6         Section 17. Subsection (1) of section 627.756, Florida
    7  Statutes, is amended to read:
    8         627.756 Bonds for construction contracts; attorney fees in
    9  case of suit.—
   10         (1) Section 627.428 applies to suits brought by owners,
   11  contractors, subcontractors, laborers, and materialmen against a
   12  surety insurer under payment or performance bonds written by the
   13  insurer under the laws of this state to indemnify against
   14  pecuniary loss by breach of a building or construction contract.
   15  Owners, contractors, subcontractors, laborers, and materialmen
   16  are shall be deemed to be insureds or beneficiaries for the
   17  purposes of this section.
   18         Section 18. For the purpose of incorporating the amendment
   19  made by this act to section 627.756, Florida Statutes, in a
   20  reference thereto, section 627.428, Florida Statutes, is
   21  reenacted to read:
   22         627.428 Attorney’s fee.—
   23         (1) Upon the rendition of a judgment or decree by any of
   24  the courts of this state against an insurer and in favor of any
   25  named or omnibus insured or the named beneficiary under a policy
   26  or contract executed by the insurer, the trial court or, in the
   27  event of an appeal in which the insured or beneficiary prevails,
   28  the appellate court shall adjudge or decree against the insurer
   29  and in favor of the insured or beneficiary a reasonable sum as
   30  fees or compensation for the insured’s or beneficiary’s attorney
   31  prosecuting the suit in which the recovery is had.
   32         (2) As to suits based on claims arising under life
   33  insurance policies or annuity contracts, no such attorney’s fee
   34  shall be allowed if such suit was commenced prior to expiration
   35  of 60 days after proof of the claim was duly filed with the
   36  insurer.
   37         (3) When so awarded, compensation or fees of the attorney
   38  shall be included in the judgment or decree rendered in the
   39  case.
   40         Section 19. The amendment made by this act to s. 627.756,
   41  Florida Statutes, applies only to payment or performance bonds
   42  issued on or after October 1, 2018.
   44  ================= T I T L E  A M E N D M E N T ================
   45  And the title is amended as follows:
   46         Delete line 1314
   47  and insert:
   48         persons; amending s. 627.756, F.S.; providing that
   49         certain attorney fee provisions apply to suits brought
   50         by contractors against surety insurers under payment
   51         or performance bonds for building or construction
   52         contracts; providing that contractors are deemed to be
   53         insureds or beneficiaries for the purposes of such
   54         provisions; reenacting s. 627.428, F.S., relating to
   55         attorney fees, to incorporate the amendment made to s.
   56         627.756, F.S., in a reference thereto; providing
   57         applicability; providing an effective date.