Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for CS for SB 1860
Barcode 807620
LEGISLATIVE ACTION
Senate . House
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Floor: WD/2R .
03/06/2012 03:44 PM .
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Senator Richter moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1235 - 1240
4 and insert:
5 (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY
6 ATTORNEY’S FEES.—With respect to any dispute under the
7 provisions of ss. 627.730-627.7405 between the insured and the
8 insurer, or between an assignee of an insured’s rights and the
9 insurer, the provisions of ss. s. 627.428 and 768.79 shall
10 apply, except as provided in subsections (10) and (15), and
11 except that any attorney fees recovered must:
12 (a) Comply with prevailing professional standards;
13 (b) Appropriately discount the attorney fees for work
14 performed, or capable of being performed, by a paralegal or
15 legal assistant;
16 (c) Not overstate or inflate the number of hours reasonably
17 necessary for a case of comparable skill or complexity; and
18 (d) Be commersurate, and reasonably related to, the amount
19 recovered by the claimant.
20
21 Upon request by either party, a judge must make written
22 findings, substantiated by evidence presented at trial or any
23 hearings associated therewith, that any award of attorney fees
24 complies with this subsection. Notwithstanding s. 627.428, the
25 attorney fees recovered under ss. 627.730-627.405 must be
26 calculated without regard to a contingency risk multiplier.
27
28 ================= T I T L E A M E N D M E N T ================
29 And the title is amended as follows:
30 Between lines 75 and 76
31 insert:
32 providing criteria for the award of attorney fees;
33 prohibiting the use of a contingency risk multiplier;