HOUSE AMENDMENT Bill No. HB 1837
1	CHAMBER ACTION
2	Senate House
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12	Representatives Seiler, Gelber, Ross, Goodlette, Ritter, Brown,
13	and Berfield offered the following:
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15	Amendment
16	Remove line(s) 4500-4617, and insert:
17	Section 26. Subsections (1), (2), and (3) of section
18	440.34, Florida Statutes, are amended to read:
19	440.34 Attorney's fees; costs.--
20	(1) A fee, gratuity, or other consideration may not be
21	paid for services rendered fora claimant in connection with any
22	proceedings arising under this chapter, unless approved as
23	reasonable by the judge of compensation claims or court having
24	jurisdiction over such proceedings. Except as provided by this
25	subsection,Any attorney's fee approved by a judge of
26	compensation claims for benefits secured on behalf ofservices
27	rendered toa claimant must equal to 20 percent of the first
28	$5,000 of the amount of the benefits secured, 15 percent of the
29	next $5,000 of the amount of the benefits secured, 10 percent of
30	the remaining amount of the benefits secured to be provided
31	during the first 10 years after the date the claim is filed, and
32	5 percent of the benefits secured after 10 years. The judge of
33	compensation claims shall not approve a compensation order, a
34	joint stipulation for lump-sum settlement, a stipulation or
35	agreement between a claimant and his or her attorney, or any
36	other agreement related to benefits under this chapter that
37	provides for an attorney’s fee in excess of the amount permitted
38	by this section. The judge of compensation claims is not
39	required to approve any retainer agreement between the claimant
40	and his or her attorney. The retainer agreement as to fees and
41	costs may not be for compensation in excess of the amount
42	allowed under this section.However, The judge of compensation
43	claims shall consider the following factors in each case and may
44	increase or decrease the attorney's fee if, in her or his
45	judgment, the circumstances of the particular case warrant such
46	action:
47	(a) The time and labor required, the novelty and
48	difficulty of the questions involved, and the skill requisite to
49	perform the legal service properly.
50	(b) The fee customarily charged in the locality for
51	similar legal services.
52	(c) The amount involved in the controversy and the
53	benefits resulting to the claimant.
54	(d) The time limitation imposed by the claimant or the
55	circumstances.
56	(e) The experience, reputation, and ability of the lawyer
57	or lawyers performing services.
58	(f) The contingency or certainty of a fee.
59	(2) In awarding a reasonable claimant's attorney's fee,
60	the judge of compensation claims shall consider only those
61	benefits secured byto the claimant that the attorney is
62	responsible for securing. The amount, statutory basis, and type
63	of benefits obtained through legal representation shall be
64	listed on all attorney's fees awarded by the judge of
65	compensation claims. For purposes of this section, the term
66	"benefits secured" means benefits obtained as a result of the
67	claimant's attorney's legal services rendered in connection with
68	the claim for benefits. However, such termdoes not include
69	future medical benefits to be provided on any date more than 5
70	years after the date the claim is filed. In the event an offer
71	to settle an issue pending before a judge of compensation claims
72	is communicated in writing to the claimant or the claimant’s
73	attorney at least 30 days prior to the trial date on such issue,
74	benefits secured shall be only that amount awarded above that
75	specified in the offer to settle. If multiple issues are pending
76	before the judge of compensation claims, said offer of
77	settlement shall address each issue pending and shall state
78	explicitly whether or not the offer on each issue is severable.
79	The written offer shall also unequivocally state whether or not
80	it includes medical witness fees and expenses and all other
81	costs associated with the claim.
82	(3) If any partythe claimantshould prevail in any
83	proceedings before a judge of compensation claims or court,
84	there shall be taxed against the nonprevailing partyemployer
85	the reasonable costs of such proceedings, not to include the
86	attorney's fees of the claimant. A claimant shall be
87	responsible for the payment of her or his own attorney's fees,
88	except that a claimant shall be entitled to recover a reasonable
89	attorney's fee from a carrier or employer:
90	(a) Against whom she or he successfully asserts a petition
91	for medical benefits only, if the claimant has not filed or is
92	not entitled to file at such time a claim for disability,
93	permanent impairment, wage-loss, or death benefits, arising out
94	of the same accident;
95	(b) In any case in which the employer or carrier files a
96	response to petition denying benefits with the Office of the
97	Judges of Compensation Claims and the injured person has
98	employed an attorney in the successful prosecution of the
99	petition;
100	(c) In a proceeding in which a carrier or employer denies
101	that an accident occurred for which compensation benefits are
102	payable, and the claimant prevails on the issue of
103	compensability; or
104	(d) In cases where the claimant successfully prevails in
105	proceedings filed under s. 440.24 or s. 440.28.
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107	Regardless of the date benefits were initially requested,
108	attorney's fees shall not attach under this subsection until 30
109	days after the date the carrier or employer, if self-insured,
110	receives the petition. In applying the factors set forth in
111	subsection (1) to cases arising under paragraphs (a), (b), (c),
112	and (d), the judge of compensation claims must only consider
113	only such benefits and the time reasonably spent in obtaining
114	them as were secured for the claimant within the scope of
115	paragraphs (a), (b), (c), and (d).
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