Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 784 Ì584058?Î584058 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Brandes) recommended the following: 1 Senate Amendment to Amendment (449152) (with title 2 amendment) 3 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 bedeemed 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. 43 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.