Florida Senate - 2021                                     SB 212
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00350-21                                            2021212__
    1                        A bill to be entitled                      
    2         An act relating to contingency risk multipliers;
    3         amending s. 627.428, F.S.; providing that for certain
    4         attorney fees awarded for claims arising under
    5         property insurance policies, a strong presumption is
    6         created that a lodestar fee is sufficient and
    7         reasonable; providing that such presumption may be
    8         rebutted only under certain circumstances; providing
    9         an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (4) is added to section 627.428,
   14  Florida Statutes, to read:
   15         627.428 Attorney fees.—
   16         (4) In an award of attorney fees under this section for a
   17  claim arising under a property insurance policy, a strong
   18  presumption is created that a lodestar fee is sufficient and
   19  reasonable. Such presumption may be rebutted only in a rare and
   20  exceptional circumstance with evidence that competent counsel
   21  could not be retained in a reasonable manner.
   22         Section 2. This act shall take effect July 1, 2021.