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