Florida Senate - 2010                                    SB 2634
       
       
       
       By Senator Smith
       
       
       
       
       29-01798A-10                                          20102634__
    1                        A bill to be entitled                      
    2         An act relating to attorney’s fees in workers’
    3         compensation cases; amending s. 112.1815, F.S.;
    4         providing that the finder of fact and law is not bound
    5         by provisions of state law relating to the provision
    6         of indemnity or medical benefits for employment
    7         related accidents or injuries when awarding attorney’s
    8         fees in cases involving first responders; requiring
    9         that the finder of fact and law consider certain
   10         factors when awarding attorney’s fees in such cases;
   11         providing a statement of important state interest;
   12         providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (5) is added to section 112.1815,
   17  Florida Statutes, to read:
   18         112.1815 Firefighters, paramedics, emergency medical
   19  technicians, and law enforcement officers; special provisions
   20  for employment-related accidents and injuries.—
   21         (5) For purposes of first responders as defined in
   22  subsection (1), the finder of fact and law is not bound by any
   23  statutory provision regarding attorney’s fees relating to the
   24  provision of indemnity or medical benefits for employment
   25  related accidents or injuries, but must consider the following
   26  factors when awarding attorney’s fees:
   27         (a) The time and labor required, the novelty and difficulty
   28  of the questions involved, and the skill required to perform the
   29  legal service properly.
   30         (b) The fee customarily charged in the locality for similar
   31  legal services.
   32         (c) The amount involved in the controversy and the benefits
   33  payable to the claimant.
   34         (d) The time limitations imposed by the claimant or the
   35  circumstances.
   36         (e) The experience, reputation, and ability of the attorney
   37  or attorneys performing services.
   38         (f) The contingency or certainty of a fee.
   39         Section 2. The Legislature finds that this act fulfills an
   40  important state interest relating to the public interest in
   41  prompt and adequate response to provide for the safety of the
   42  public unique to first responders.
   43         Section 3. This act shall take effect upon becoming a law.