Bill Text: FL S0334 | 2017 | Regular Session | Introduced

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-Introduced.html

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       Florida Senate - 2017                                     SB 334
       
       
        
       By Senator Steube
       
       23-00476B-17                                           2017334__
    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         applicability; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 55.035, Florida Statutes, is created to
   15  read:
   16         55.035 Prejudgment interest.—
   17         (1) In any action in which a plaintiff recovers economic or
   18  noneconomic damages, the court shall include interest on each
   19  component of damages in the final judgment.
   20         (a) For economic damages, interest accrues from the date of
   21  the loss of an economic benefit to the plaintiff.
   22         (b) For noneconomic damages, interest accrues from the date
   23  of the claim made by the plaintiff.
   24         (2) If the plaintiff recovers attorney fees or costs, the
   25  court shall include in the final judgment interest on such fees
   26  or costs beginning on the first day of the month immediately
   27  following the month in which fees or costs were paid.
   28         (3) The rate of interest applicable to this section is the
   29  rate established pursuant to s. 55.03. Interest may not accrue
   30  on the prejudgment interest awarded in the final judgment.
   31         (4) For any action to which prejudgment interest applies
   32  which is pending on July 1, 2017, or commenced thereafter, the
   33  court shall provide interest in accordance with this section,
   34  with such interest accruing from no earlier than July 1, 2017,
   35  regardless of the date when losses were incurred, the claim was
   36  made, or attorney fees or costs were paid.
   37         Section 2. This act shall take effect July 1, 2017.