Florida Senate - 2020 SB 914 By Senator Brandes 24-01110-20 2020914__ 1 A bill to be entitled 2 An act relating to property insurance; amending s. 3 627.428, F.S.; providing that, for certain attorney 4 fees awarded for claims arising under property 5 insurance policies, the maximum fee a court may award 6 is a lodestar fee; prohibiting the court from 7 considering contingency risk or using a contingency 8 risk multiplier; amending s. 627.736, F.S.; conforming 9 a provision to changes made by the act; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (4) is added to section 627.428, 15 Florida Statutes, to read: 16 627.428 Attorney fees.— 17 (4) In awarding attorney fees under this section for a 18 claim arising under a property insurance policy, the maximum fee 19 a court may award is a lodestar fee. A court may not consider 20 contingency risk in determining the lodestar fee or use a 21 contingency risk multiplier to increase the lodestar fee. 22 Section 2. Subsection (8) of section 627.736, Florida 23 Statutes, is amended to read: 24 627.736 Required personal injury protection benefits; 25 exclusions; priority; claims.— 26 (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES. 27 With respect to any dispute under the provisions of ss. 627.730 28 627.7405 between the insured and the insurer, or between an 29 assignee of an insured’s rights and the insurer, the provisions 30 of ss. 627.428 and 768.79 apply, except as provided in 31 subsections (10) and (15), and except that any attorney fees 32 recovered must: 33 (a) Comply with prevailing professional standards; 34 (b) Not overstate or inflate the number of hours reasonably 35 necessary for a case of comparable skill or complexity; and 36 (c) Represent legal services that are reasonable and 37 necessary to achieve the result obtained. 38 39 Upon request by either party, a judge must make written 40 findings, substantiated by evidence presented at trial or any 41 hearings associated therewith, that any award of attorney fees 42 complies with this subsection.
Notwithstanding s. 627.428,43 Attorney fees recovered under ss. 627.730-627.7405 must be 44 calculated without regard to a contingency risk multiplier. 45 Section 3. This act shall take effect July 1, 2020.