Bill Text: FL S1782 | 2024 | Regular Session | Introduced

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Bill Title: Judicial System

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-08 - Died in Judiciary [S1782 Detail]

Download: Florida-2024-S1782-Introduced.html

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       Florida Senate - 2024                                    SB 1782
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00156A-24                                          20241782__
    1                        A bill to be entitled                      
    2         An act relating to the judicial system; amending s.
    3         40.24, F.S.; revising the base rate and timeframes for
    4         juror compensation; authorizing judges to increase the
    5         juror compensation rate for certain jurors; amending
    6         s. 40.32, F.S.; specifying that the juror compensation
    7         rate is funded by specified court costs; conforming
    8         provisions to changes made by the act; creating s.
    9         57.042, F.S.; requiring the losing party in civil
   10         actions to reimburse the court for specified juror
   11         compensation costs; amending s. 627.736, F.S.;
   12         providing for the award of costs and attorney fees in
   13         certain actions; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsections (3) and (4) of section 40.24,
   18  Florida Statutes, are amended to read:
   19         40.24 Compensation and reimbursement policy.—
   20         (3)(a) Jurors who are regularly employed and who continue
   21  to receive regular wages while serving as a juror are not
   22  entitled to receive compensation from the clerk of the circuit
   23  court for the first 10 3 days of juror service.
   24         (b) Jurors who are not regularly employed or who do not
   25  continue to receive regular wages while serving as a juror are
   26  entitled to receive $50 $15 per day for the first 10 3 days of
   27  juror service.
   28         (4) If approved by the judge of record, each juror who
   29  serves more than 10 3 days is entitled to be paid by the clerk
   30  of the circuit court for the 11th fourth day of service and each
   31  day thereafter at the rate of $60 $30 per day of service.
   32         Section 2. Subsection (2) of section 40.32, Florida
   33  Statutes, is amended to read:
   34         40.32 Clerks to disburse money; payments to jurors and
   35  witnesses.—
   36         (2)(a) The payment of jurors pursuant to s. 40.24(3) and
   37  (4) is a court-related function that the clerk of the court
   38  shall fund from court costs collected pursuant to s. 57.042.
   39         (b) The payment of jurors and the payment of expenses for
   40  meals and lodging for jurors under the provisions of this
   41  chapter is a are court-related function functions that the clerk
   42  of the court shall fund from filing fees, service charges, court
   43  costs, and fines.
   44         Section 3. Section 57.042, Florida Statutes, is created to
   45  read:
   46         57.042 Costs; juror compensation by losing party.—In a
   47  civil action, the losing party shall reimburse the court for the
   48  costs of juror compensation under s. 40.24(3) and (4).
   49         Section 4. Subsection (8) of section 627.736, Florida
   50  Statutes, is amended to read:
   51         627.736 Required personal injury protection benefits;
   52  exclusions; priority; claims.—
   53         (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES.—
   54         (a) Upon the rendition of a judgment or decree under ss.
   55  627.730-627.7405 against an insurer and in favor of any named or
   56  omnibus insured or the named beneficiary under a policy or
   57  contract executed by the insurer, the trial court or, in the
   58  event of an appeal in which the insured or beneficiary prevails,
   59  the appellate court shall adjudge or decree against the insurer
   60  and in favor of the insured or beneficiary a reasonable sum as
   61  fees or compensation for the insured’s or beneficiary’s attorney
   62  prosecuting the suit in which the recovery is had.
   63         (b) Upon the rendition of a judgment or decree under ss.
   64  627.730-627.7405 against any named or omnibus insured or the
   65  named beneficiary under a policy or contract executed by the
   66  insurer, the trial court or, in the event of an appeal in which
   67  the insurer prevails, the appellate court shall adjudge or
   68  decree against the insured or beneficiary and in favor of the
   69  insurer reasonable attorney fees incurred for the insurer’s
   70  defense of a lawsuit in which no recovery is had.
   71         (c) With respect to any dispute under the provisions of ss.
   72  627.730-627.7405 between the insured and the insurer, or between
   73  an assignee of an insured’s rights and the insurer, the
   74  provisions of s. 768.79 apply, except as provided in subsections
   75  (10) and (15), and except that any attorney fees recovered must:
   76         1.(a) Comply with prevailing professional standards;
   77         2.(b) Not overstate or inflate the number of hours
   78  reasonably necessary for a case of comparable skill or
   79  complexity; and
   80         3.(c) Represent legal services that are reasonable and
   81  necessary to achieve the result obtained.
   82  
   83  Upon request by either party, a judge must make written
   84  findings, substantiated by evidence presented at trial or any
   85  hearings associated therewith, that any award of attorney fees
   86  complies with this subsection. Attorney fees recovered under ss.
   87  627.730-627.7405 must be calculated without regard to a
   88  contingency risk multiplier.
   89         Section 5. This act shall take effect July 1, 2024.