Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1860
       
       
       
       
       
       
                                Barcode 104666                          
       
                              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 Substitute for Amendment (527256) (with title
    2  amendment)
    3  
    4         Delete lines 1265 - 1270
    5  and insert:
    6         (8) ATTORNEY APPLICABILITY OF PROVISION REGULATING
    7  ATTORNEY’S FEES.—With respect to any dispute under the
    8  provisions of ss. 627.730-627.7405 between the insured and the
    9  insurer, or between an assignee of an insured’s rights and the
   10  insurer, upon the rendition of a judgment or decree by any court
   11  in this state, the trial court or, upon appeal the appellate
   12  court, shall adjudge or decree a reasonable sum as attorney fees
   13  or compensation for attorney fees in favor of the prevailing
   14  party the provisions of s. 627.428 shall apply, except as
   15  provided in subsections (10) and (15). In determining a
   16  reasonable sum as attorney fees or compensation for attorney
   17  fees for a prevailing insured or assignee of such insured's
   18  rights, the court may consider the application of a contingency
   19  risk multiplier. If awarded, attorney fees or compensation for
   20  attorney fees must be included in the judgment or decree
   21  rendered in the case.
   22  
   23  ================= T I T L E  A M E N D M E N T ================
   24         And the title is amended as follows:
   25         Delete line 79
   26  and insert:
   27         claims when policy limits are reached; revising
   28         provisions relating to attorney fees; consolidating