Bill Text: FL S0334 | 2017 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prejudgment Interest

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2017-05-05 - Died on Calendar [S0334 Detail]

Download: Florida-2017-S0334-Comm_Sub.html

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       Florida Senate - 2017                              CS for SB 334
       
       
        
       By the Committee on Judiciary; and Senator Steube
       
       
       
       
       
       590-01947-17                                           2017334c1
    1                        A bill to be entitled                      
    2         An act relating to prejudgment interest; creating s.
    3         55.035, F.S.; requiring a court to include interest in
    4         a final judgment in an action from which a plaintiff
    5         recovers economic or noneconomic damages; specifying
    6         the dates from which interest accrues; requiring a
    7         court to include interest on attorney fees and costs
    8         in the final judgment, if recovered; specifying the
    9         rate at which interest accrues; providing for
   10         construction and applicability; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 55.035, Florida Statutes, is created to
   16  read:
   17         55.035 Prejudgment interest.—
   18         (1) In any action in which a plaintiff recovers economic or
   19  noneconomic damages, the court shall include interest on each
   20  component of damages in the final judgment.
   21         (a) For economic damages, interest accrues from the date of
   22  the loss of an economic benefit to the plaintiff.
   23         (b) For noneconomic damages, interest accrues from the date
   24  the defendant received notice of a claim from the plaintiff.
   25         (2) If the plaintiff recovers attorney fees or costs, the
   26  court shall include in the final judgment interest on such fees
   27  or costs beginning on the date the entitlement to attorney fees
   28  is fixed through an agreement, an arbitration award, or a court
   29  determination.
   30         (3) The rate of interest applicable to this section is the
   31  rate established pursuant to s. 55.03.
   32         Section 2. This act does not affect the accrual of
   33  prejudgment interest before the effective date of the act if
   34  otherwise authorized by statute or common law.
   35         Section 3. This act shall take effect July 1, 2017, and
   36  shall apply to causes of action that accrue on or after that
   37  date.