Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 837, 1st Eng.
       
       
       
       
       
       
                                Ì152152vÎ152152                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Martin moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 740 - 953
    4  and insert:
    5         Section 10. Subsection (1) of section 626.9373, Florida
    6  Statutes, is amended to read:
    7         626.9373 Attorney fees.—
    8         (1) Except as provided in subsection (3), upon the
    9  rendition of a judgment or decree by any court of this state in
   10  favor of either party to any action against a surplus lines
   11  insurer in favor of any named or omnibus insured or the named
   12  beneficiary under a policy or contract executed by a surplus
   13  lines the insurer on or after the effective date of this act,
   14  the trial court or, if either party the insured or beneficiary
   15  prevails on appeal, the appellate court, shall adjudge or decree
   16  against the insurer in favor of the prevailing party insured or
   17  beneficiary a reasonable sum as fees or compensation for the
   18  insured’s or beneficiary’s attorney prosecuting or defending the
   19  lawsuit for which recovery is awarded.
   20         Section 11. Subsection (1) of section 627.428, Florida
   21  Statutes, is amended to read:
   22         627.428 Attorney fees.—
   23         (1) Except as provided in subsection (4), upon the
   24  rendition of a judgment or decree by any of the courts of this
   25  state in favor of either party to any action against an insurer
   26  and in favor of any named or omnibus insured or the named
   27  beneficiary under a policy or contract executed by an the
   28  insurer, the trial court or, in the event of an appeal in which
   29  either party the insured or beneficiary prevails, the appellate
   30  court shall adjudge or decree against the insurer and in favor
   31  of the prevailing party insured or beneficiary a reasonable sum
   32  as fees or compensation for the insured’s or beneficiary’s
   33  attorney prosecuting or defending the suit in which the recovery
   34  is had.
   35         Section 12. Paragraphs (a) and (j) of subsection (1) of
   36  section 475.01, Florida Statutes, are amended to read:
   37         475.01 Definitions.—
   38         (1) As used in this part:
   39         (a) “Broker” means a person who, for another, and for a
   40  compensation or valuable consideration directly or indirectly
   41  paid or promised, expressly or impliedly, or with an intent to
   42  collect or receive a compensation or valuable consideration
   43  therefor, appraises, auctions, sells, exchanges, buys, rents, or
   44  offers, attempts or agrees to appraise, auction, or negotiate
   45  the sale, exchange, purchase, or rental of business enterprises
   46  or business opportunities or any real property or any interest
   47  in or concerning the same, including mineral rights or leases,
   48  or who advertises or holds out to the public by any oral or
   49  printed solicitation or representation that she or he is engaged
   50  in the business of appraising, auctioning, buying, selling,
   51  exchanging, leasing, or renting business enterprises or business
   52  opportunities or real property of others or interests therein,
   53  including mineral rights, or who takes any part in the procuring
   54  of sellers, purchasers, lessors, or lessees of business
   55  enterprises or business opportunities or the real property of
   56  another, or leases, or interest therein, including mineral
   57  rights, or who directs or assists in the procuring of prospects
   58  or in the negotiation or closing of any transaction which does,
   59  or is calculated to, result in a sale, exchange, or leasing
   60  thereof, and who receives, expects, or is promised any
   61  compensation or valuable consideration, directly or indirectly
   62  therefor; and all persons who advertise rental property
   63  information or lists. A broker renders a professional service
   64  and is a professional within the meaning of s. 95.11(4)(b) s.
   65  95.11(4)(a). Where the term “appraise” or “appraising” appears
   66  in the definition of the term “broker,” it specifically excludes
   67  those appraisal services which must be performed only by a
   68  state-licensed or state-certified appraiser, and those appraisal
   69  services which may be performed by a registered trainee
   70  appraiser as defined in part II. The term “broker” also includes
   71  any person who is a general partner, officer, or director of a
   72  partnership or corporation which acts as a broker. The term
   73  “broker” also includes any person or entity who undertakes to
   74  list or sell one or more timeshare periods per year in one or
   75  more timeshare plans on behalf of any number of persons, except
   76  as provided in ss. 475.011 and 721.20.
   77         (j) “Sales associate” means a person who performs any act
   78  specified in the definition of “broker,” but who performs such
   79  act under the direction, control, or management of another
   80  person. A sales associate renders a professional service and is
   81  a professional within the meaning of s. 95.11(4)(b) s.
   82  95.11(4)(a).
   83         Section 13. Paragraph (h) of subsection (1) of section
   84  475.611, Florida Statutes, is amended to read:
   85         475.611 Definitions.—
   86         (1) As used in this part, the term:
   87         (h) “Appraiser” means any person who is a registered
   88  trainee real estate appraiser, a licensed real estate appraiser,
   89  or a certified real estate appraiser. An appraiser renders a
   90  professional service and is a professional within the meaning of
   91  s. 95.11(4)(b) s. 95.11(4)(a).
   92         Section 14. Subsection (7) of section 517.191, Florida
   93  Statutes, is amended to read:
   94         517.191 Injunction to restrain violations; civil penalties;
   95  enforcement by Attorney General.—
   96         (7) Notwithstanding s. 95.11(4)(f) s. 95.11(4)(e), an
   97  enforcement action brought under this section based on a
   98  violation of any provision of this chapter or any rule or order
   99  issued under this chapter shall be brought within 6 years after
  100  the facts giving rise to the cause of action were discovered or
  101  should have been discovered with the exercise of due diligence,
  102  but not more than 8 years after the date such violation
  103  occurred.
  104         Section 15. Subsection (2) of section 627.441, Florida
  105  Statutes, is amended to read:
  106         627.441 Commercial general liability policies; coverage to
  107  contractors for completed operations.—
  108         (2) A liability insurer must offer coverage at an
  109  appropriate additional premium for liability arising out of
  110  current or completed operations under an owner-controlled
  111  insurance program for any period beyond the period for which the
  112  program provides liability coverage, as specified in s.
  113  255.0517(2)(b). The period of such coverage must be sufficient
  114  to protect against liability arising out of an action brought
  115  within the time limits provided in s. 95.11(3)(b) s.
  116  95.11(3)(c).
  117  
  118  ================= T I T L E  A M E N D M E N T ================
  119  And the title is amended as follows:
  120         Delete lines 46 - 56
  121  and insert:
  122         applicability; amending ss. 626.9373 and 627.428,
  123         F.S.; providing that, in actions under a policy or
  124         contract executed by a surplus lines insurer or an
  125         insurer, respectively, attorney fees must be awarded
  126         to the prevailing party rather than to a prevailing
  127         insured or beneficiary; amending ss. 475.01, 475.611,
  128         517.191, and 627.441, F.S.; conforming cross
  129         references;