Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2072
       
       
       
       
       
       
                                Barcode 906380                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/15/2009           .                                
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       The Committee on Judiciary (Ring) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 115 and 116
    4  insert:
    5         (8) For purposes of first responders as defined in s.
    6  112.1815(1), the finder of fact and law is not bound by any
    7  statutory provision regarding attorney’s fees relating to the
    8  provision of indemnity or medical benefits for employment
    9  related accidents or injuries involving exposure to a toxic
   10  substance or occupational disease, but must consider the
   11  following factors when awarding an attorney’s fee:
   12         (a) The time and labor required, the novelty and difficulty
   13  of the questions involved, and the skill required to perform the
   14  legal service properly.
   15         (b) The fee customarily charged in the locality for similar
   16  legal services.
   17         (c) The amount involved in the controversy and the benefits
   18  payable to the claimant.
   19         (d) The time limitations imposed by the claimant or the
   20  circumstances.
   21         (e) The experience, reputation, and ability of the attorney
   22  or attorneys performing services.
   23         (f) The contingency or certainty of a fee.
   24  
   25  For purposes of this subsection, the term “occupational disease”
   26  has the same meaning as provided in s. 112.1815(4).
   27  
   28  
   29  
   30  ================= T I T L E  A M E N D M E N T ================
   31         And the title is amended as follows:
   32         Delete line 7
   33  and insert:
   34         to recover from a carrier or employer; providing that
   35         the finder of fact and law is not bound by provisions
   36         of state law relating to the provision of indemnity or
   37         medical benefits for employment-related accidents or
   38         injuries involving exposure to a toxic substance or
   39         occupational disease when awarding attorney’s fees in
   40         cases involving first responders; requiring that the
   41         finder of fact and law consider certain factors when
   42         awarding attorney’s fees in such cases; defining the
   43         term “occupational disease” for specified purposes;
   44         providing an