HOUSE AMENDMENT
Bill No. CS/HB 1927
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Brutus offered the following:
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13 Amendment
14 On page 43, line 24 through page 46, line 4,
15 remove from the bill: all of said lines
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17 and insert in lieu thereof:
18 440.34 Attorney's fees; costs.--
19 A fee, gratuity, or other consideration may not be paid
20 for services rendered for a claimant in connection with any
21 proceedings arising under this chapter, unless approved as
22 reasonable by the judge of compensation claims or court having
23 jurisdiction over such proceedings. Except as provided by
24 this subsection, any attorney's fee approved by a judge of
25 compensation claims for services rendered to a claimant must
26 equal to 25 20 percent of the first $5,000 of the amount of
27 the benefits secured, 20 15 percent of the next $5,000 of the
28 amount of the benefits secured, 15 10 percent of the remaining
29 amount of the benefits secured to be provided during the first
30 10 years after the date the claim is filed, and 10 5 percent
31 of the benefits secured after 10 years.
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HOUSE AMENDMENT
Bill No. CS/HB 1927
Amendment No. ___ (for drafter's use only)
1 (a) However, the judge of compensation claims shall
2 consider the following factors in each case and may approve an
3 increase or decrease the attorney's fee of up to $2,500, based
4 on a reasonable hourly rate, if, in her or his judgement, the
5 judge of compensation claims expressly finds that the
6 attorney's fee based on benefits secured fails to finally
7 compensate the attorney and that the circumstances of the
8 particular case warrant such action. This monetary limitation
9 to hourly rate fees does not apply to attorney's fees pain
10 under s.440.34(3)(c). Such fees shall be allowed for any
11 petition for benefits that was ripe, due, and owing and should
12 have been raised in such petition under this paragraph. Any
13 fees are waived on any other benefits which were not raised
14 and which were ripe, due, and owing at the time the issues are
15 resolved.
16 (b) The judge of compensation claims shall not approve
17 a compensation order, a joint stipulation for lump-sum
18 settlement, a stipulation or agreement between a claimant and
19 his or her attorney, or any other agreement related to
20 benefits under this chapter which provides for an attorney's
21 fee in excess of the amount permitted by this section.
22 (a) The time and labor required, the novelty and
23 difficulty of the questions involved, and the skill requisite
24 to perform the legal service properly.
25 (b) The fee customarily charged in the locality for
26 similar legal services.
27 (c) The amount involved in the controversy and the
28 benefits resulting to the claimant.
29 (d) The time limitation imposed by the claimant or the
30 circumstances.
31 (e) The experience, reputation, and ability of the
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HOUSE AMENDMENT
Bill No. CS/HB 1927
Amendment No. ___ (for drafter's use only)
1 lawyer or lawyers performing services.
2 (f) The contingency or certainty of a fee.
3 (3) If the claimant should prevail in any proceedings
4 before a judge of compensation claims or court, there shall be
5 taxed against the employer the reasonable costs of such
6 proceedings, not to include the attorney's fees of the
7 claimant. A claimant shall be responsible for the payment of
8 her or his own attorney's fees, except that a claimant shall
9 be entitled to recover a reasonable attorney's fee from a
10 carrier or employer:
11 (a) Against whom she or he successfully asserts a
12 petition claim for medical benefits only, if the claimant has
13 not filed or is not entitled to file at such time a claim for
14 disability, permanent impairment, wage-loss, or death
15 benefits, arising out of the same accident; or
16 (b) In any case in which the employer or carrier files
17 a response to petition notice of denial with the Office of the
18 Judges of Compensation Claims division and the injured person
19 has employed an attorney in the successful prosecution of the
20 petition claim; or
21 (c) In a proceeding in which a carrier or employer
22 denies that an injury occurred for which compensation benefits
23 are payable, and the claimant prevails on the issue of
24 compensability; or
25 (d) In cases where the claimant successfully prevails
26 in proceedings filed under s. 440.24 or s.440.28.
27 Regardless of the date benefits were initially
28 requested, attorney's fees shall not attach under this
29 subsection until 30 days from the date the carrier or
30 employer, if self-insured, receives the petition. In applying
31 the factors set forth in subsection (1) to cases arising under
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hmo0006 08:13 am 01927-0108-032973
HOUSE AMENDMENT
Bill No. CS/HB 1927
Amendment No. ___ (for drafter's use only)
1 paragraphs (a), (b), (c), and (d), the Judge of Compensation
2 Claims must only consider only such benefits and the time
3 reasonably spent in obtaining them as were secured for the
4 claimant within the scope of paragraphs (a), (b), (c), and
5 (d).
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