Florida Senate - 2020 SB By Senator Brandes 24-01110-20 2020914__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to property insurance; amending s. 2 627.428, F.S.; providing that, for certain attorney fees awarded for claims arising under property insurance policies, the maximum fee a court may award is a lodestar fee; prohibiting the court from considering contingency risk or using a contingency risk multiplier; amending s. 627.736, F.S.; conforming a provision to changes made by the act; providing an effective date. 10

Be It Enacted by the Legislature of the State of Florida: 12

Section 1. Subsection (4) is added to

section 627.428, 14 Florida Statutes, to read: 15 627.428 Attorney fees.— 16

(4) In awarding attorney fees under this

section for a claim arising under a property insurance policy, the maximum fee a court may award is a lodestar fee. A court may not consider contingency risk in determining the lodestar fee or use a contingency risk multiplier to increase the lodestar fee. 21

Section 2. Subsection (8) of

section 627.736, Florida Statutes, is amended to read: 23 627.736 Required personal injury protection benefits; 24 exclusions; priority; claims.— 25

(8) APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES.—26 With respect to any dispute under the provisions of ss. 627.730-27 627.7405 between the insured and the insurer, or between an assignee of an insured’s rights and the insurer, the provisions Florida Senate - 2020 SB 914 24-01110-20 2020914__ CODING: Words stricken are deletions; words underlined are additions. of ss. 627.428 and 768.79 apply, except as provided in subsections (10) and (15), and except that any attorney fees recovered must: 32

(

a) Comply with prevailing professional standards; 33

(

b) Not overstate or inflate the number of hours reasonably necessary for a case of comparable skill or complexity; and 35

(

c) Represent legal services that are reasonable and necessary to achieve the result obtained. 37 Upon request by either party, a judge must make written findings, substantiated by evidence presented at trial or any hearings associated therewith, that any award of attorney fees complies with this subsection. Notwithstanding s. 627.428, 42 Attorney fees recovered under ss. 627.730-627.7405 must be calculated without regard to a contingency risk multiplier. 44

Section 3. This act shall take effect July 1, 2020. 45