HOUSE AMENDMENT Bill No. HB 1837 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Gelber offered the following:
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14	Amendment (with directory and title amendments)
15	Remove line(s) 4489-4585, and insert:
16	440.34 Attorney's fees; costs.--
17	(1) A fee, gratuity, or other consideration may not be
18	paid for services rendered for a claimant in connection with any
19	proceedings arising under this chapter, unless approved as
20	reasonable by the judge of compensation claims or court having
21	jurisdiction over such proceedings. Except as provided by this
22	subsection, any attorney's fee approved by a judge of
23	compensation claims for services rendered to a claimant must
24	equal to 20 percent of the first $5,000 of the amount of the
25	benefits secured, 15 percent of the next $5,000 of the amount of
26	the benefits secured, 10 percent of the remaining amount of the
27	benefits secured to be provided during the first 10 years after
28	the date the claim is filed, and 5 percent of the benefits
29	secured after 10 years. However, the judge of compensation
30	claims shall consider the following factors in each case in
31	which an hourly fee may be awarded as provided in subsection (3)
32	and may increase or decreasethe attorney's fee if, in her or
33	his judgment, the circumstances of the particular case warrant
34	such action:
35	(a) The time and labor required, the novelty and
36	difficulty of the questions involved, and the skill requisite to
37	perform the legal service properly.
38	(b) The fee customarily charged in the locality for
39	similar legal services.
40	(c) The amount involved in the controversy and the
41	benefits resulting to the claimant.
42	(d) The time limitation imposed by the claimant or the
43	circumstances.
44	(e) The experience, reputation, and ability of the lawyer
45	or lawyers performing services.
46	(f) The contingency or certainty of a fee.
47	(3) If the claimant should prevail in any proceedings
48	before a judge of compensation claims or court, there shall be
49	taxed against the employer the reasonable costs of such
50	proceedings, not to include theattorney's fees of the claimant.
51	A claimant shall be responsible for the payment of her or his
52	own attorney's fees, except that a claimant shall be entitled to
53	recover a reasonable attorney's fee from a carrier or employer:
54	(a) Against whom she or he successfully asserts a petition
55	for medical benefits only, which may be increased by an
56	additional attorney’s fee not to exceed $5,000 based on a
57	reasonable hourly rateif the claimant has not filed or is not
58	entitled to file at such time a claim for disability, permanent
59	impairment, wage-loss, or death benefits, arising out of the
60	same accident;
61	(b) In any case in which the employer or carrier files a
62	response to petition denying benefits with the Office of the
63	Judges of Compensation Claims and the injured person has
64	employed an attorney in the successful prosecution of the
65	petition, which may be increased by an additional attorney’s fee
66	not to exceed $5,000 based on a reasonable hourly rate;
67	(c) In a proceeding in which a carrier or employer denies
68	that an accident occurred for which compensation benefits are
69	payable, and the claimant prevails on the issue of
70	compensability, which is the greater of the amount provided in
71	subsection (1) or, upon showing to the judge of compensation
72	claims, an attorney’s fee not to exceed $20,000; or
73	(d) In cases where the claimant successfully prevails in
74	proceedings filed under s. 440.24 or s. 440.28.
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76	Regardless of the date benefits were initially requested,
77	attorney's fees shall not attach under this subsection until 30
78	days after the date the carrier or employer, if self-insured,
79	receives the petition. In applying the factors set forth in
80	subsection (1) to cases arising under paragraphs (a), (b), (c),
81	and (d), the judge of compensation claims must only consider
82	only such benefits and the time reasonably spent in obtaining
83	them as were secured for the claimant within the scope of
84	paragraphs (a), (b), (c), and (d).
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87	=========== D I R E C T O R Y A M E N D M E N T ==========
88	Remove line(s) , and insert:
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91	================= T I T L E A M E N D M E N T =================
92	Remove line(s) 80-82, and insert:
93	procedures for mediation and hearings; amending s. 440.38, F.S.;
94	providing