HOUSE AMENDMENT Bill No. HB 25A
1	CHAMBER ACTION
2	Senate House
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12	Representative Gelber offered the following:
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14	Amendment
15	Remove line(s) 4546-4658, and insert:
16	Section 26. Subsections (1) and (3) of section 440.34,
17	Florida Statutes, are amended 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 for a 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 services rendered to a claimant must
26	equal to 20 percent of the first $5,000 of the amount of the
27	benefits secured, 15 percent of the next $5,000 of the amount of
28	the benefits secured, 10 percent of the remaining amount of the
29	benefits secured to be provided during the first 10 years after
30	the date the claim is filed, and 5 percent of the benefits
31	secured after 10 years. However, the judge of compensation
32	claims shall consider the following factors in each case in
33	which an hourly fee may be awarded as provided in subsection (3)
34	and may increase or decrease the attorney's fee if, in her or
35	his judgment, the circumstances of the particular case warrant
36	such action:
37	(a) The time and labor required, the novelty and
38	difficulty of the questions involved, and the skill requisite to
39	perform the legal service properly.
40	(b) The fee customarily charged in the locality for
41	similar legal services.
42	(c) The amount involved in the controversy and the
43	benefits resulting to the claimant.
44	(d) The time limitation imposed by the claimant or the
45	circumstances.
46	(e) The experience, reputation, and ability of the lawyer
47	or lawyers performing services.
48	(f) The contingency or certainty of a fee.
49	(3) If the claimant should prevail in any proceedings
50	before a judge of compensation claims or court, there shall be
51	taxed against the employer the reasonable costs of such
52	proceedings, not to include the attorney's fees of the claimant.
53	A claimant shall be responsible for the payment of her or his
54	own attorney's fees, except that a claimant shall be entitled to
55	recover a reasonable attorney's fee from a carrier or employer:
56	(a) Against whom she or he successfully asserts a petition
57	for medical benefits only, which may be increased by an
58	additional attorney’s fee not to exceed $5,000 based on a
59	reasonable hourly rateif the claimant has not filed or is not
60	entitled to file at such time a claim for disability, permanent
61	impairment, wage-loss, or death benefits, arising out of the
62	same accident;
63	(b) In any case in which the employer or carrier files a
64	response to petition denying benefits with the Office of the
65	Judges of Compensation Claims and the injured person has
66	employed an attorney in the successful prosecution of the
67	petition, which may be increased by an additional attorney’s fee
68	not to exceed $5,000 based on a reasonable hourly rate;
69	(c) In a proceeding in which a carrier or employer denies
70	that an accident occurred for which compensation benefits are
71	payable, and the claimant prevails on the issue of
72	compensability, which is the greater of the amount provided in
73	subsection (1) or, upon a showing to the judge of compensation
74	claims, an attorney’s fee not to exceed $20,000; or
75	(d) In cases where the claimant successfully prevails in
76	proceedings filed under s. 440.24 or s. 440.28.
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78	Regardless of the date benefits were initially requested,
79	attorney's fees shall not attach under this subsection until 30
80	days after the date the carrier or employer, if self-insured,
81	receives the petition. In applying the factors set forth in
82	subsection (1) to cases arising under paragraphs (a), (b), (c),
83	and (d), the judge of compensation claims must only consider
84	only such benefits and the time reasonably spent in obtaining
85	them as were secured for the claimant within the scope of
86	paragraphs (a), (b), (c), and (d).