Bill No. PCS for CS/HB 305 (2021), Amendment No. 5 — Commerce Committee

Summary

Committee/Subcommittee Amendment No. 5 to Bill No. PCS for CS/HB 305 (2021), offered by Representative Rommel for the Commerce Committee hearing. The amendment inserts between lines 1015 and 1016 a section amending subsection (1) of section 627.428, Florida Statutes, headed "Attorney fees." The text covers the rendition of a judgment or decree against an insurer in favor of an insured or named beneficiary. It provides that in a suit arising under a residential or commercial property insurance policy not brought by an assignee, the amount of reasonable attorney's fees is to be modified and awarded as provided in the cited sections.

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Cite this document

“Bill No. PCS for CS/HB 305 (2021), Amendment No. 5 — Commerce Committee.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-3098-commerce-committee-proposed-committee-bill-amendments-fn-pcs-1804d22e09/, SHA-256 92e0a3d0d7a2e484c988d848c21c8347f03e439d75a0bc4dfbf2f42098ef7cd2.

Full text

                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                          Bill No. PCS for CS/HB 305    (2021)
       Amendment No. 5




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                        (Y/N)
       ADOPTED AS AMENDED             (Y/N)
       ADOPTED W/O OBJECTION          (Y/N)
       FAILED TO ADOPT                (Y/N)
       WITHDRAWN                      (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:        Commerce Committee
2      Representative Rommel offered the following:
3
4           Amendment
5           Between lines 1015 and 1016, insert:
6           Section 1.     Subsection (1) of section 627.428, Florida
7      Statutes, is amended to read:
8           627.428     Attorney fees.—
9           (1)    Upon the rendition of a judgment or decree by any of
10     the courts of this state against an insurer and in favor of any
11     named or omnibus insured or the named beneficiary under a policy
12     or contract executed by the insurer, the trial court or, in the
13     event of an appeal in which the insured or beneficiary prevails,
14     the appellate court shall adjudge or decree against the insurer
15     and in favor of the insured or beneficiary a reasonable sum as
16     fees or compensation for the insured's or beneficiary's attorney
     PCS for CSHB 305 a5
     Published On: 4/23/2021 7:47:16 AM
                                     Page 1 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 305     (2021)
       Amendment No. 5


17     prosecuting the suit in which the recovery is had. In a suit
18     arising under a residential or commercial property insurance
19     policy not brought by an assignee, the amount of reasonable
20     attorney’s fees under this subsection shall be modified and
21     awarded as provided in s. 627.70152 or s. 57.105.
22




     PCS for CSHB 305 a5
     Published On: 4/23/2021 7:47:16 AM
                                  Page 2 of 2

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