SENATE AMENDMENT
Bill No. CS for CS for SB 1132
Amendment No. ___ Barcode 303134
CHAMBER ACTION
Senate House
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11 Senator Campbell moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 213, line 21, through
15 page 218, line 13, delete those lines
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17 and insert:
18 Section 41. Subsections (1) and (3) of section 440.34,
19 Florida Statutes, are amended to read:
20 440.34 Attorney's fees; costs.--
21 (1) A fee, gratuity, or other consideration may not be
22 paid for services rendered for a claimant in connection with
23 any proceedings arising under this chapter, unless approved as
24 reasonable by the judge of compensation claims or court having
25 jurisdiction over such proceedings. Except as provided by this
26 subsection, any attorney's fee approved by a judge of
27 compensation claims for services rendered to a claimant must
28 equal to 20 percent of the first $5,000 of the amount of the
29 benefits secured, 15 percent of the next $5,000 of the amount
30 of the benefits secured, 10 percent of the remaining amount of
31 the benefits secured to be provided during the first 10 years
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SENATE AMENDMENT
Bill No. CS for CS for SB 1132
Amendment No. ___ Barcode 303134
1 after the date the claim is filed, and 5 percent of the
2 benefits secured after 10 years. However, the judge of
3 compensation claims shall consider the following factors in
4 each case in which an hourly fee may be awarded as provided in
5 subsection (3) and may increase or decrease the attorney's fee
6 if, in her or his judgment, the circumstances of the
7 particular case warrant such action:
8 (a) The time and labor required, the novelty and
9 difficulty of the questions involved, and the skill requisite
10 to perform the legal service properly.
11 (b) The fee customarily charged in the locality for
12 similar legal services.
13 (c) The amount involved in the controversy and the
14 benefits resulting to the claimant.
15 (d) The time limitation imposed by the claimant or the
16 circumstances.
17 (e) The experience, reputation, and ability of the
18 lawyer or lawyers performing services.
19 (f) The contingency or certainty of a fee.
20 (3) If the claimant should prevail in any proceedings
21 before a judge of compensation claims or court, there shall be
22 taxed against the employer the reasonable costs of such
23 proceedings, not to include the attorney's fees of the
24 claimant. A claimant shall be responsible for the payment of
25 her or his own attorney's fees, except that a claimant shall
26 be entitled to recover a reasonable attorney's fee from a
27 carrier or employer:
28 (a) Against whom she or he successfully asserts a
29 petition for medical benefits only, which may be increased by
30 an additional attorney's fee not to exceed $5,000 based on a
31 reasonable hourly rate if the claimant has not filed or is not
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3:40 PM 04/28/03 s1132c2c-32m0a
SENATE AMENDMENT
Bill No. CS for CS for SB 1132
Amendment No. ___ Barcode 303134
1 entitled to file at such time a claim for disability,
2 permanent impairment, wage-loss, or death benefits, arising
3 out of the same accident;
4 (b) In any case in which the employer or carrier files
5 a response to petition denying benefits with the Office of the
6 Judges of Compensation Claims and the injured person has
7 employed an attorney in the successful prosecution of the
8 petition, which may be increased by an additional attorney's
9 fee not to exceed $5,000 based on a reasonable hourly rate;
10 (c) In a proceeding in which a carrier or employer
11 denies that an accident occurred for which compensation
12 benefits are payable, and the claimant prevails on the issue
13 of compensability, which is the greater of the amount provided
14 in subsection (1) or, upon showing to the judge of
15 compensation claims, an attorney's fee not to exceed $20,000;
16 or
17 (d) In cases where the claimant successfully prevails
18 in proceedings filed under s. 440.24 or s. 440.28.
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20 Regardless of the date benefits were initially requested,
21 attorney's fees shall not attach under this subsection until
22 30 days after the date the carrier or employer, if
23 self-insured, receives the petition. In applying the factors
24 set forth in subsection (1) to cases arising under paragraphs
25 (a), (b), (c), and (d), the judge of compensation claims must
26 only consider only such benefits and the time reasonably spent
27 in obtaining them as were secured for the claimant within the
28 scope of paragraphs (a), (b), (c), and (d).
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SENATE AMENDMENT
Bill No. CS for CS for SB 1132
Amendment No. ___ Barcode 303134
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 5, lines 27 and 28, delete those lines
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5 and insert:
6 for attorney's fees; clarifying judges of
7 compensation
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