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HB 1269 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to awards of attorney fees in 2
insurance claims; amending s. 86.121, F.S.; revising 3
procedures for awards of attorney fees in legal 4
proceedings for declaratory reliefs to determine 5
insurance coverage; creating s. 626.9375, F.S.; 6
providing guidelines for awards of attorney fees in 7
civil claims for damages against surplus lines 8
insurers; defining the term "judgment"; creating s. 9
627.4275, F.S.; providing guidelines for awards of 10
attorney fees in civil claims for damages against 11
insurers; defining the term "judgment"; amending ss. 12
624.123, 624.488, 627.062, 627.401, 627.727, 627.736, 13
and 628.6016, F.S.; providing applicability; creating 14
ss. 631.696 and 631.9245, F.S.; providing 15
applicability; amending s. 632.638, F.S.; providing 16
applicability; providing an effective date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Section 86.121, Florida Statutes, is amended to 21
read: 22
86.121 Attorney fees; claims actions for declaratory 23
relief to determine insurance coverage after total coverage 24
denial of claim.— 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) In a claim an action brought for declaratory relief in 26
state or federal court to determine insurance coverage after the 27
insurer denied coverage or reserved its right to deny coverage 28
in the future, has made a total coverage denial of a claim: 29
(a) Either party is entitled to the summary procedure 30
provided in s. 51.011, and the court shall advance the cause on 31
the calendar. 32
(b) the court shall award reasonable attorney fees to the 33
named insured, omnibus insured, or third-party named beneficiary 34
under a policy issued by the insurer upon rendition of a 35
declaratory judgment in favor of the named insured, omnibus 36
insured, or third-party named beneficiary, or upon the insurer's 37
voluntary dismissal of the claim with or without prejudice. This 38
right may not be transferred to, assigned to, or acquired in any 39
other manner by anyone other than a named or omnibus insured or 40
a third-party named beneficiary. A defense offered by an insurer 41
pursuant to a reservation of rights does not constitute a 42
coverage denial of a claim. Such fees are limited to those 43
incurred in the claim action brought under this chapter for 44
declaratory relief to determine coverage of insurance issued 45
under the Florida Insurance Code. 46
(2) This section does not apply to any action arising 47
under a residential or commercial property insurance policy. 48
Section 2. Section 626.9375, Florida Statutes, is created 49
to read: 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
626.9375 Attorney fees.— 51
(1) In any civil claim for damages against a surplus lines 52
insurer by a named or omnibus insured or a named beneficiary 53
under an insurance policy or contract executed by the insurer, 54
the trial court or, in the event of an appeal, the appellate 55
court shall award reasonable attorney fees to the prevailing 56
party. For purposes of this subsection: 57
(a) The insured or named beneficiary is the prevailing 58
party: 59
1. If such person obtains a judgment greater than the 60
highest written settlement offer previously made by the insurer 61
to such person; 62
2. If such person obtains a judgment against the insurer 63
when the insurer previously makes no written settlement offer to 64
such person; or 65
3. If the insurer makes a payment to such person after the 66
civil claim is filed but before a final judgment is obtained. 67
(b) If the insured or named beneficiary obtains a judgment 68
against the insurer for an amount greater than the highest 69
written settlement offer made by the insurer before the suit is 70
filed but less than the highest written settlement offer made by 71
the insurer after the suit is filed, the insured or named 72
beneficiary is the prevailing party for the period until the 73
insurer makes the first written settlement offer that is greater 74
than the judgment. 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(c) The insurer is the prevailing party if the insured or 76
named beneficiary is not the prevailing party. 77
(d) As used in this subsection, the term "judgment" 78
includes the total amount of the damages, the prejudgment 79
interest on unpaid benefits, and any reasonable attorney fees 80
and costs incurred by the insured or named beneficiary. 81
Notwithstanding any agreement between the attorney and the 82
insured or named beneficiary, attorney fees are deemed incurred 83
by the insured or named beneficiary when the attorney reasonably 84
expends time on the claim after it is filed. 85
(e) Any offer made by the insurer is not considered a 86
written settlement offer if the offer: 87
1. Is not kept open for at least 5 business days; 88
2. Is made later than 45 days before the date set for 89
trial or the first day of the docket on which the case is set 90
for trial, whichever is earlier; or 91
3. Contains nonmonetary terms, other than a voluntary 92
dismissal of the claim with prejudice if the offer is made after 93
the suit is filed or a covenant not to sue if the offer is made 94
before the suit is filed. 95
(2) When awarded, attorney fees must be included in the 96
judgment or decree rendered in the case. 97
Section 3. Section 627.4275, Florida Statutes, is created 98
to read: 99
627.4275 Attorney fees.— 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) In any civil claim for damages against an insurer by a 101
named or omnibus insured or a named beneficiary under an 102
insurance policy or contract executed by the insurer, the trial 103
court or, in the event of an appeal, the appellate court shall 104
award reasonable attorney fees to the prevailing party. For 105
purposes of this subsection: 106
(a) The insured or named beneficiary is the prevailing 107
party if: 108
1. Such person obtains a judgment greater than the highest 109
written settlement offer previously made by the insurer to such 110
person; 111
2. Such person obtains a judgment against the insurer when 112
the insurer previously makes no written settlement offer to such 113
person; or 114
3. The insurer makes a payment to such person after the 115
civil claim is filed but before a final judgment is obtained. 116
(b) If the insured or named beneficiary obtains a judgment 117
against the insurer for an amount greater than the highest 118
written settlement offer made by the insurer before the suit is 119
filed but less than the highest written settlement offer made by 120
the insurer after the suit is filed, the insured or named 121
beneficiary is the prevailing party for the period until the 122
insurer makes the first written settlement offer that is greater 123
than the judgment. 124
(c) The insurer is the prevailing party if the insured or 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
named beneficiary is not the prevailing party. 126
(d) As used in this subsection, the term "judgment" 127
includes the total amount of the damages, the prejudgment 128
interest on unpaid benefits, and any reasonable attorney fees 129
and costs incurred by the insured or named beneficiary. 130
Notwithstanding any agreement between the attorney and the 131
insured or named beneficiary, attorney fees are deemed incurred 132
by the insured or named beneficiary when the attorney reasonably 133
expends time on the claim after it is filed. 134
(e) Any offer made by the insurer is not considered a 135
written settlement offer if the offer: 136
1. Is not kept open for at least 5 business days; 137
2. Is made later than 45 days before the date set for 138
trial or the first day of the docket on which the case is set 139
for trial, whichever is earlier; or 140
3. Contains nonmonetary terms, other than a voluntary 141
dismissal of the claim with prejudice if the offer is made after 142
the suit is filed or a covenant not to sue if the offer is made 143
before the suit is filed. 144
(2) When awarded, attorney fees must be included in the 145
judgment or decree rendered in the case. 146
Section 4. Subsection (4) of section 624.123, Florida 147
Statutes, is amended to read: 148
624.123 Certain international health insurance policies; 149
exemption from code.— 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4) Any international health insurance policy or 151
application solicited, provided, entered into, issued, or 152
delivered pursuant to this subsection is exempt from all 153
provisions of the insurance code, except that such policy, 154
contract, or agreement is subject to the provisions of ss. 155
624.155, 624.316, 624.3161, 626.951, 626.9511, 626.9521, 156
626.9541, 626.9551, 626.9561, 626.9571, 626.9581, 626.9591, 157
626.9601, 627.413, 627.4145, 627.4275, and 627.6043. 158
Section 5. Subsection (4) of section 624.488, Florida 159
Statutes, is amended to read: 160
624.488 Applicability of related laws.—In addition to 161
other provisions of the code cited in ss. 624.460-624.488: 162
(4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418, 163
627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.4275, 164
627.702, and 627.706; part XI of chapter 627; ss. 627.912, 165
627.913, and 627.918; 166
167
apply to self-insurance funds. Only those sections of the code 168
that are expressly and specifically cited in ss. 624.460-624.489 169
apply to self-insurance funds. 170
Section 6. Paragraph (b) of subsection (3) of section 171
627.062, Florida Statutes, is amended to read: 172
627.062 Rate standards.— 173
(3) 174
(b) Individual risk rates and modifications to existing 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
approved forms are not subject to this part or part II, except 176
for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404, 177
627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132, 178
627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426, 179
627.4265, and 627.427, 627.4275, but are subject to all other 180
applicable provisions of this code and rules adopted thereunder. 181
Section 7. Subsections (3), (4), and (5) of section 182
627.401, Florida Statutes, are amended to read: 183
627.401 Scope of this part.—No provision of this part of 184
this chapter applies to: 185
(3) Wet marine and transportation insurance, except ss. 186
627.409, and 627.420, and 627.4275. 187
(4) Title insurance, except ss. 627.406, 627.415, 627.416, 188
627.419, and 627.427, and 627.4275. 189
(5) Credit life or credit disability insurance, except ss. 190
627.419(5) and 627.4275 s. 627.419(5). 191
Section 8. Subsections (8) and (9) of section 627.727, 192
Florida Statutes, are renumbered as subsections (9) and (10), 193
respectively, and subsection (8) is added to that section, to 194
read: 195
627.727 Motor vehicle insurance; uninsured and 196
underinsured vehicle coverage; insolvent insurer protection.— 197
(8) If a dispute arises in an action under this section 198
regarding whether a policy provides uninsured motorist coverage 199
or the amount of coverage available under the policy, attorney 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
fees may be recovered under s. 86.121. Sections 626.9375 and 201
627.4275 do not apply to any action brought under this section 202
against the uninsured motorist insurer. 203
Section 9. Subsection (8) of section 627.736, Florida 204
Statutes, is amended to read: 205
627.736 Required personal injury protection benefits; 206
exclusions; priority; claims.— 207
(8) APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES.—208
With respect to any dispute under the provisions of ss. 627.730-209
627.7405 between the insured and the insurer, or between an 210
assignee of an insured's rights and the insurer, ss. 627.4275 211
and 768.79 the provisions of s. 768.79 apply, except as provided 212
in subsections (10) and (15), and except that any attorney fees 213
recovered must: 214
(a) Comply with prevailing professional standards; 215
(b) Not overstate or inflate the number of hours 216
reasonably necessary for a case of comparable skill or 217
complexity; and 218
(c) Represent legal services that are reasonable and 219
necessary to achieve the result obtained. 220
221
Upon request by either party, a judge must make written 222
findings, substantiated by evidence presented at trial or any 223
hearings associated therewith, that any award of attorney fees 224
complies with this subsection. Attorney fees recovered under ss. 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
627.730-627.7405 must be calculated without regard to a 226
contingency risk multiplier. 227
Section 10. Subsection (4) of section 628.6016, Florida 228
Statutes, is amended to read: 229
628.6016 Applicability of related laws.—In addition to 230
other provisions of the code cited in ss. 628.6011-628.6018: 231
(4) Sections 627.291, 627.413, 627.4132, 627.416, 627.418, 232
627.420, 627.421, 627.425-627.427, 627.4275, 627.702, and 233
627.706; part XI of chapter 627; ss. 627.912, 627.913, and 234
627.918; and 235
236
apply to assessable mutual insurers; however, ss. 628.255, 237
628.411, and 628.421 do not apply. No section of the code not 238
expressly and specifically cited in ss. 628.6011-628.6018 239
applies to assessable mutual insurers. The term "assessable 240
mutual insurer" shall be substituted for the term "commercial 241
self-insurer" as appropriate. 242
Section 11. Section 631.696, Florida Statutes, is created 243
to read: 244
631.696 Attorney fees.—Section 627.4275 does not apply to 245
any claim presented to the association under this part, unless 246
the association denies, by affirmative action other than delay, 247
a covered claim or a portion thereof. 248
Section 12. Section 631.9245, Florida Statutes, is created 249
to read: 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
631.9245 Attorney fees.—Section 627.4275 does not apply to 251
any claim presented to the corporation under this part, unless 252
the corporation denies, by affirmative action other than delay, 253
a covered claim or a portion thereof. 254
Section 13. Subsections (11), (12), and (13) of section 255
632.638, Florida Statutes, are renumbered as subsections (12), 256
(13), and (14), respectively, and a new subsection (11) is added 257
to that section, to read: 258
632.638 Applicability of other code provisions.—In 259
addition to other provisions contained or referred to in this 260
chapter, the following chapters and provisions of this code 261
apply to fraternal benefit societies, to the extent applicable 262
and not in conflict with the express provisions of this chapter 263
and the reasonable implications thereof: 264
(11) Section 627.4275; 265
Section 14. This act applies to any claim or lawsuit 266
arising out of an insurance policy or contract issued on or 267
after July 1, 2026. 268
Section 15. This act shall take effect July 1, 2026. 269