| 1 | The Judiciary Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to attorney's fees; amending s. 627.736, |
| 7 | F.S.; prohibiting the application of a contingency risk |
| 8 | multiplier in the award of attorney's fees in suits based |
| 9 | on claims arising under the Florida Motor Vehicle No-Fault |
| 10 | Law except in certain circumstances; providing an |
| 11 | effective date. |
| 12 |
|
| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
|
| 15 | Section 1. Subsection (8) of section 627.736, Florida |
| 16 | Statutes, is amended to read: |
| 17 | 627.736 Required personal injury protection benefits; |
| 18 | exclusions; priority; claims.-- |
| 19 | (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY'S |
| 20 | FEES.--With respect to any dispute under the provisions of ss. |
| 21 | 627.730-627.7405 between the insured and the insurer, or between |
| 22 | an assignee of an insured's rights and the insurer, the |
| 23 | provisions of s. 627.428 shall apply, except as provided in |
| 24 | subsection (11). If a court awards attorney's fees pursuant to |
| 25 | this subsection, no contingency fee risk multiplier shall be |
| 26 | applied in determining a reasonable fee unless the court finds |
| 27 | by clear and convincing evidence that success was unlikely at |
| 28 | the outset of litigation. |
| 29 | Section 2. This act shall take effect July 1, 2005. |