Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2072
       
       
       
       
       
       
                                Barcode 637968                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2009           .                                
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       The Committee on General Government Appropriations (Lawson)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 207 - 215
    4  and insert:
    5         (10) For purposes of first responders as defined in s.
    6  112.1815(1), the finder of fact and law is not bound by any
    7  statutory provision regarding attorney’s fees relating to the
    8  provision of indemnity or medical benefits for employment
    9  related accidents or injuries involving exposure to a toxic
   10  substance or occupational disease, but must consider the
   11  following factors when awarding an attorney’s fee:
   12         (a) The time and labor required, the novelty and difficulty
   13  of the questions involved, and the skill required to perform the
   14  legal service properly.
   15         (b) The fee customarily charged in the locality for similar
   16  legal services.
   17         (c) The amount involved in the controversy and the benefits
   18  payable to the claimant.
   19         (d) The time limitations imposed by the claimant or the
   20  circumstances.
   21         (e) The experience, reputation, and ability of the attorney
   22  or attorneys performing services.
   23         (f) The contingency or certainty of a fee.
   24  
   25  For purposes of this subsection, the term “occupational disease”
   26  has the same meaning as provided in s. 112.1815(4).
   27         (7) If an attorney’s fee is owed under paragraph (3)(a),
   28  the judge of compensation claims may approve an alternative
   29  attorney’s fee not to exceed $1,500 only once per accident,
   30  based on a maximum hourly rate of $150 per hour, if the judge of
   31  compensation claims expressly finds that the attorney’s fee
   32  amount provided for in subsection (1), based on benefits
   33  secured, fails to fairly compensate the attorney for disputed
   34  medical-only claims as provided in paragraph (3)(a) and the
   35  circumstances of the particular case warrant such action.
   36         Section 4. The Legislature finds that this act fulfills an
   37  important state interest relating to the public interest in
   38  prompt and adequate response to provide for the safety of the
   39  public unique to first responders.
   40  
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43         And the title is amended as follows:
   44         Delete lines 37 - 38
   45  and insert:
   46         justify a rate or rate change; providing that the
   47         finder of fact and law is not bound by provisions of
   48         state law relating to the provision of indemnity or
   49         medical benefits for employment-related accidents or
   50         injuries involving exposure to a toxic substance or
   51         occupational disease when awarding attorney’s fees in
   52         cases involving first responders; requiring that the
   53         finder of fact and law consider certain factors when
   54         awarding attorney’s fees in such cases; defining the
   55         term “occupational disease” for specified purposes;
   56         deleting provisions authorizing a judge of
   57         compensation claims to approve alternative attorney’s
   58         fees under certain circumstances; providing
   59         legislative findings; providing an effective date.