SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 552278
CHAMBER ACTION
Senate House
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11 Senator Alexander moved the following amendment:
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13 Senate Amendment
14 On lines 4499-4597, delete those lines
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16 and insert:
17 Section 26. Section 440.34, Florida Statutes, is
18 amended to read:
19 440.34 Attorney's fees; costs.--
20 (1) A fee, gratuity, or other consideration may not be
21 paid for benefits secured services rendered for a claimant in
22 connection with any proceedings arising under this chapter,
23 unless approved as reasonable by the judge of compensation
24 claims or court having jurisdiction over such proceedings. For
25 purposes of this section, the term "benefits secured" shall
26 reflect the following: Except as provided by this section
27 subsection, any attorney's fee approved by a judge of
28 compensation claims for benefits secured for services rendered
29 to a claimant shall be must equal to 20 percent of the first
30 $5,000 of the amount of the benefits secured, whether ordered
31 or agreed to by the parties, and 15 percent of the next $5,000
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3:55 PM 05/01/03 h1837b-1724t
SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 552278
1 of the amount of the benefits secured, 10 percent of the
2 remaining amount of the benefits secured to be provided during
3 the first 10 years after the date the claim is filed, and 5
4 percent of the benefits secured after 10 years. In the
5 alternative However, the judge of compensation claims may
6 approve an attorney's fee that may not exceed $2,500, based on
7 a maximum hourly rate of $150 per hour, if the judge of
8 compensation claims expressly finds that the fee, based upon
9 the total benefits secured, fails to fairly compensate the
10 attorney and the benefits secured are less than $10,000. In a
11 proceeding in which a carrier or employer denies that an
12 injury occurred for which compensation benefits are payable
13 and the claimant prevails on the issue of compensability, in
14 lieu of an attorney's fee equal to 15 percent of the benefits
15 secured, the judge of compensation claims may award an
16 attorney's fee that may not exceed $2,500, based on a maximum
17 hourly rate of $150 per hour, if the judge of compensation
18 claims expressly finds that the attorney's fee, based on the
19 benefits secured, fails to fairly compensate the attorney and
20 shall consider the following factors in each case and may
21 increase or decrease the attorney's fee if, in her or his
22 judgment, the circumstances of the particular case warrant
23 such action. The judge of compensation claims may not approve
24 a compensation order, a joint stipulation for a lump-sum
25 settlement, a stipulation or agreement between a claimant and
26 his or her attorney, or any other agreement related to
27 benefits under this chapter which provides for an attorney's
28 fee in excess of the amount permitted by this section.:
29 (a) The time and labor required, the novelty and
30 difficulty of the questions involved, and the skill requisite
31 to perform the legal service properly.
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SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 552278
1 (b) The fee customarily charged in the locality for
2 similar legal services.
3 (c) The amount involved in the controversy and the
4 benefits resulting to the claimant.
5 (d) The time limitation imposed by the claimant or the
6 circumstances.
7 (e) The experience, reputation, and ability of the
8 lawyer or lawyers performing services.
9 (f) The contingency or certainty of a fee.
10 (2) In awarding a reasonable claimant's attorney's
11 fee, the judge of compensation claims shall consider only
12 those benefits secured by the attorney to the claimant that
13 the attorney is responsible for securing. An attorney is not
14 entitled to attorney's fees for representation in any issue
15 that was ripe, due, and owing and that reasonably could have
16 been addressed during the pendency of other issues for the
17 same injury. The amount, statutory basis, and type of benefits
18 obtained through legal representation shall be listed on all
19 attorney's fees awarded by the judge of compensation claims.
20 For purposes of this section, the term "benefits secured"
21 means benefits obtained as a result of the claimant's
22 attorney's legal services rendered in connection with the
23 claim for benefits. However, such term does not include future
24 medical benefits to be provided on any date more than 5 years
25 after the date the claim is filed. If an offer to settle an
26 issue pending before a judge of compensation claims is
27 communicated in writing to the claimant or the claimant's
28 attorney at least 30 days prior to the trial date on such
29 issue, benefits secured shall be only that amount awarded
30 above that specified in the offer to settle. If multiple
31 issues are pending before the judge of compensation claims,
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SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 552278
1 the offer of settlement shall address each issue pending, and
2 shall state explicitly whether or not the offer on each issue
3 is severable. The written offer shall state whether or not it
4 includes medical witness fees and expenses, and all other
5 costs associated with the claim.
6 (3) If any party the claimant should prevail in any
7 proceedings before a judge of compensation claims or court,
8 there shall be taxed against the nonprevailing party employer
9 the reasonable costs of such proceedings, not to include the
10 attorney's fees of the claimant. A claimant shall be
11 responsible for the payment of her or his own attorney's fees,
12 except that a claimant shall be entitled to recover a
13 reasonable attorney's fee from a carrier or employer:
14 (a) Against whom she or he successfully asserts a
15 petition for medical benefits only, if the claimant has not
16 filed or is not entitled to file at such time a claim for
17 disability, permanent impairment, wage-loss, or death
18 benefits, arising out of the same accident;
19 (b) In any case in which the employer or carrier files
20 a response to petition denying benefits with the Office of the
21 Judges of Compensation Claims and the injured person has
22 employed an attorney in the successful prosecution of the
23 petition;
24 (c) In a proceeding in which a carrier or employer
25 denies that an accident occurred for which compensation
26 benefits are payable, and the claimant prevails on the issue
27 of compensability; or
28 (d) In cases where the claimant successfully prevails
29 in proceedings filed under s. 440.24 or s. 440.28.
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31 Regardless of the date benefits were initially requested,
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SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 552278
1 attorney's fees shall not attach under this subsection until
2 30 days after the date the carrier or employer, if
3 self-insured, receives the petition. In applying the factors
4 set forth in subsection (1) to cases arising under paragraphs
5 (a), (b), (c), and (d), the judge of compensation claims must
6 only consider only such benefits and the time reasonably spent
7 in obtaining them as were secured for the claimant within the
8 scope of paragraphs (a), (b), (c), and (d).
9 (4) In such cases in which the claimant is responsible
10 for the payment of her or his own attorney's fees, such fees
11 are a lien upon compensation payable to the claimant,
12 notwithstanding s. 440.22.
13 (5) If any proceedings are had for review of any
14 claim, award, or compensation order before any court, the
15 court may award the injured employee or dependent an
16 attorney's fee to be paid by the employer or carrier, in its
17 discretion, which shall be paid as the court may direct.
18 (6) Retainer agreements or contracts of representation
19 may not be submitted to a judge of compensation claims for
20 approval except in conjunction with an appropriate motion for
21 approval of a specific fee following the securing of a
22 specific benefit or benefits. A judge of compensation claims
23 may not prospectively approve a contract of representation
24 prior to the securing of the benefit. A judge of compensation
25 claims may not enter an order approving the contents of a
26 retainer agreement that permits the escrowing of any portion
27 of the employee's compensation until benefits have been
28 secured.
29 (7) The judge of compensation claims shall not approve
30 a compensation order, a joint stipulation for a lump-sum
31 settlement, a stipulation or agreement between a claimant and
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SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 552278
1 his or her attorney, or any other agreement related to
2 benefits under this chapter which provides for an attorney's
3 fee in excess of the amount permitted by this section.
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