Bill No. PCS for CS/HB 305 (2021), Amendment No. 6 — Commerce Committee

Summary

Committee/Subcommittee Amendment No. 6 to Bill No. PCS for CS/HB 305 (2021), offered by Representative Rommel for the Commerce Committee hearing. The amendment removes lines 1249-1274 and inserts an "ATTORNEY FEES" provision for a suit arising under a residential or commercial property insurance policy not brought by an assignee. Where the difference between the judgment obtained by the claimant and the presuit settlement offer is less than 20 percent of the disputed amount, each party pays its own attorney fees and costs. At 50 percent or more of the disputed amount, the insurer pays the claimant's full attorney fees and costs. If a court dismisses a claimant's suit, the court may not award incurred attorney fees for services rendered before the dismissal.

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Full text

                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 305     (2021)
       Amendment No. 6




            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       WITHDRAWN                   (Y/N)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           Remove lines 1249-1274 and insert:
6           (7) ATTORNEY FEES.—
7           (a) In a suit arising under a residential or commercial
8      property insurance policy not brought by an assignee, the amount
9      of reasonable attorney’s fees and costs under s. 627.428(1)
10     shall be calculated and awarded as follows:
11          1. If the difference between the judgment obtained by the
12     claimant and the presuit settlement offer, excluding reasonable
13     attorney fees and costs, is less than 20 percent of the disputed
14     amount, each party pays its own attorney fees and costs and a
15     claimant may not be awarded attorney fees under s. 627.428(1).


     PCS for CSHB 305 a6
     Published On: 4/23/2021 7:59:18 AM
                                  Page 1 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                       Bill No. PCS for CS/HB 305    (2021)
       Amendment No. 6


16          2. If the difference between the judgment obtained by the
17     claimant and the presuit settlement offer, excluding reasonable
18     attorney fees and costs, is at least 20 percent but less than 50
19     percent of the disputed amount, the insurer pays the claimant's
20     attorney fees and costs under s. 627.428(1) equal to the
21     percentage of the disputed amount obtained times the total
22     attorney fees and costs.
23          3. If the difference between the judgment obtained by the
24     claimant and the presuit settlement offer, excluding reasonable
25     attorney fees and costs, is at least 50 percent of the disputed
26     amount, the insurer pays the claimant's full attorney fees and
27     costs under s. 627.428(1).
28     (b) In a suit arising under a residential or commercial property
29     insurance policy not brought by an assignee, if a court
30     dismisses a claimant's suit pursuant to subsection (5), the
31     court may not award to the claimant any incurred attorney fees
32     for services rendered before the dismissal of the suit.




     PCS for CSHB 305 a6
     Published On: 4/23/2021 7:59:18 AM
                                    Page 2 of 2


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