HOUSE AMENDMENT Bill No. HB 1837 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Seiler offered the following:
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14	Amendment
15	Remove line(s) 4487-4585, and insert:
16	Section 26. Section 440.34, Florida Statutes, is amended
17	to read:
18	440.34 Attorney's fees; costs.--
19	(1) A fee, gratuity, or other consideration may not be
20	paid for services rendered fora claimant in connection with any
21	proceedings arising under this chapter, unless approved as
22	reasonable by the judge of compensation claims or court having
23	jurisdiction over such proceedings. Except as provided by this
24	subsection,Any attorney's fee approved by a judge of
25	compensation claims for benefits secured on behalf ofservices
26	rendered to a claimant may not exceed 18 must equal to 20
27	percent of the first $5,000 of the amount of the benefits
28	secured, 1315percent of the next $5,000 of the amount of the
29	benefits secured, 810percent of the remaining amount of the
30	benefits secured to be provided during the first 10 years after
31	the date the claim is filed, and 5 percent of the benefits
32	secured after 10 years. The judge of compensation claims shall
33	not approve a compensation order, a joint stipulation for lump-
34	sum settlement, a stipulation or agreement between a claimant
35	and his or her attorney, or any other agreement related to
36	benefits under this chapter that provides for an attorney’s fee
37	in excess of the amount permitted by this section. The judge of
38	compensation claims is not required to approve any retainer
39	agreement between the claimant and his or her attorney. The
40	retainer agreement as to fees and costs may not be for
41	compensation in excess of the amount allowed under this section.
42	However, The judge of compensation claims shall consider the
43	following factors in each case and may increase or decrease the
44	attorney's fee if, in her or his judgment, the circumstances of
45	the particular case warrant such action:
46	(a) The time and labor required, the novelty and
47	difficulty of the questions involved, and the skill requisite to
48	perform the legal service properly.
49	(b) The fee customarily charged in the locality for
50	similar legal services.
51	(c) The amount involved in the controversy and the
52	benefits resulting to the claimant.
53	(d) The time limitation imposed by the claimant or the
54	circumstances.
55	(e) The experience, reputation, and ability of the lawyer
56	or lawyers performing services.
57	(f) The contingency or certainty of a fee.
58	(2) In awarding a reasonable claimant's attorney's fee,
59	the judge of compensation claims shall consider only those
60	benefits secured byto the claimant that the attorney is
61	responsible for securing. The amount, statutory basis, and type
62	of benefits obtained through legal representation shall be
63	listed on all attorney's fees awarded by the judge of
64	compensation claims. For purposes of this section, the term
65	"benefits secured" means benefits obtained as a result of the
66	claimant's attorney's legal services rendered in connection with
67	the claim for benefits. However, such termdoes not include
68	future medical benefits to be provided on any date more than 5
69	years after the date the claim is filed. In the event an offer
70	to settle an issue pending before a judge of compensation claims
71	is communicated in writing to the claimant or the claimant’s
72	attorney at least 30 days prior to the trial date on such issue,
73	benefits secured shall be only that amount awarded above that
74	specified in the offer to settle. If multiple issues are pending
75	before the judge of compensation claims, said offer of
76	settlement shall address each issue pending and shall state
77	explicitly whether or not the offer on each issue is severable.
78	The written offer shall also unequivocally state whether or not
79	it includes medical witness fees and expenses, and all other
80	costs associated with the claim.
81	(3) If any partythe claimantshould prevail in any
82	proceedings before a judge of compensation claims or court,
83	there shall be taxed against the nonprevailing party employer
84	the reasonable costs of such proceedings, not to include the
85	attorney's fees of the claimant. A claimant shall be responsible
86	for the payment of her or his own attorney's fees, except that a
87	claimant shall be entitled to recover a reasonable attorney's
88	fee from a carrier or employer:
89	(a) Against whom she or he successfully asserts a petition
90	for medical benefits only, if the claimant has not filed or is
91	not entitled to file at such time a claim for disability,
92	permanent impairment, wage-loss, or death benefits, arising out
93	of the same accident;
94	(b) In any case in which the employer or carrier files a
95	response to petition denying benefits with the Office of the
96	Judges of Compensation Claims and the injured person has
97	employed an attorney in the successful prosecution of the
98	petition;
99	(c) In a proceeding in which a carrier or employer denies
100	that an accident occurred for which compensation benefits are
101	payable, and the claimant prevails on the issue of
102	compensability; or
103	(d) In cases where the claimant successfully prevails in
104	proceedings filed under s. 440.24 or s. 440.28.
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106	Regardless of the date benefits were initially requested,
107	attorney's fees shall not attach under this subsection until 30
108	days after the date the carrier or employer, if self-insured,
109	receives the petition. In applying the factors set forth in
110	subsection (1) to cases arising under paragraphs (a), (b), (c),
111	and (d), the judge of compensation claims must only consider
112	only such benefits and the time reasonably spent in obtaining
113	them as were secured for the claimant within the scope of
114	paragraphs (a), (b), (c), and (d).
115	(4) In such cases in which the claimant is responsible for
116	the payment of her or his own attorney's fees, such fees are a
117	lien upon compensation payable to the claimant, notwithstanding
118	s. 440.22.
119	(5) If any proceedings are had for review of any claim,
120	award, or compensation order before any court, the court may
121	award the injured employee or dependent an attorney's fee to be
122	paid by the employer or carrier, in its discretion, which shall
123	be paid as the court may direct.
124	(6) A judge of compensation claims may not enter an order
125	approving the contents of a retainer agreement that permits the
126	escrowing of any portion of the employee's compensation until
127	benefits have been secured.
128	(7) If an employer or carrier incurs defense fees that
129	exceed the fee payable to an injured worker's attorney that
130	would be calculated by the formulas set forth in this section,
131	the fee limitations set forth in paragraphs (3)(a) and (b) shall
132	not apply and the fee shall be calculated based on factors in
133	this section.
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