Amendment
Bill No. CS/HB 903
Amendment No. 677495
CHAMBER ACTION
Senate House
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1Representative Planas offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Paragraph (c) of subsection (3) of section
6440.105, Florida Statutes, is amended to read:
7     440.105  Prohibited activities; reports; penalties;
8limitations.--
9     (3)  Whoever violates any provision of this subsection
10commits a misdemeanor of the first degree, punishable as
11provided in s. 775.082 or s. 775.083.
12     (c)  It is unlawful for any attorney or other person, in
13his or her individual capacity or in his or her capacity as a
14public or private employee, or for any firm, corporation,
15partnership, or association to receive any fee or other
16consideration or any gratuity from a person on account of
17services rendered for a person in connection with any
18proceedings arising under this chapter, unless such fee,
19consideration, or gratuity is approved by a judge of
20compensation claims or by the Deputy Chief Judge of Compensation
21Claims.
22     Section 2.  Paragraph (c) of subsection (11) of section
23440.20, Florida Statutes, is amended to read:
24     440.20  Time for payment of compensation and medical bills;
25penalties for late payment.--
26     (11)
27     (c)  Notwithstanding s. 440.21(2), when a claimant is
28represented by counsel, the claimant may waive all rights to any
29and all benefits under this chapter by entering into a
30settlement agreement releasing the employer and the carrier from
31liability for workers' compensation benefits in exchange for a
32lump-sum payment to the claimant. The settlement agreement
33requires approval by the judge of compensation claims shall
34enter an order determining what, if any, portion of the
35settlement proceeds must be allocated to satisfy any child
36support arrearage only as to the attorney's fees paid to the
37claimant's attorney by the claimant. The parties need not submit
38any information or documentation in support of the settlement,
39except as needed to justify the amount of the attorney's fees.
40Neither the employer nor the carrier is responsible for any
41attorney's fees relating to the settlement and release of claims
42under this section. Attorney's fees related to a settlement and
43release of claims shall not be subject to the provisions of s.
44440.34(1), provided that any attorney's fees paid by a claimant
45shall not exceed the amount of fees allowable, based upon the
46gross amount of the settlement, under the Supreme Court's
47guidelines governing contingency fee agreements. Unless the
48parties agree otherwise, payment of the lump-sum settlement
49amount must be made within 14 days after the date the judge of
50compensation claims mails the order determining the portion of
51the settlement proceeds, if any, that must be allocated to
52satisfy a child support arrearage approving the attorney's fees.
53Any order entered by a judge of compensation claims approving
54the attorney's fees as set out in the settlement under this
55subsection is not considered to be an award and is not subject
56to modification or review. The judge of compensation claims
57shall report these settlements to the Deputy Chief Judge in
58accordance with the requirements set forth in paragraphs (a) and
59(b). Settlements entered into under this subsection are valid
60and apply to all dates of accident.
61     Section 3.  Section 440.34, Florida Statutes, is amended to
62read:
63     440.34  Attorney's fees; costs.--
64     (1)  A claimant shall be responsible for the payment of his
65or her own attorney's fees, except that he or she shall be
66entitled to recover an attorney's fee payable by a carrier or
67employer:
68     (a)  Where the carrier or employer furnishes benefits
69claimed in a petition for benefits more than 30 days after the
70carrier or employer, if self-insured, receives the petition; or
71     (b)  Where the claimant successfully prevails in a
72proceeding filed under s. 440.24 or s. 440.28.
73
74The attorney's fees a carrier or employer is obligated to pay
75under this subsection shall be equal to 25 percent of the first
76$5,000 of the amount of the benefits secured, 20 percent of the
77next $5,000 of the amount of the benefits secured, and 15
78percent of the remaining amount of the benefits secured;
79provided, however, an attorney's fee payable under this
80subsection shall not be less than the fee paid by the employer
81or carrier to their attorneys to defend against the claim.
82Notwithstanding any other provision of law, the payment of
83attorney's fees pursuant to this subsection may not be recouped,
84directly or indirectly, by any carrier in the rate base, the
85premium, or any rate filing.
86     (2)  Unless the parties agree, such attorney's fees as may
87be payable under subsection (1) shall be determined by A fee,
88gratuity, or other consideration may not be paid for a claimant
89in connection with any proceedings arising under this chapter,
90unless approved as reasonable by the judge of compensation
91claims or court having jurisdiction over such proceedings. Any
92attorney's fee approved by a judge of compensation claims for
93benefits secured on behalf of a claimant must equal to 20
94percent of the first $5,000 of the amount of the benefits
95secured, 15 percent of the next $5,000 of the amount of the
96benefits secured, 10 percent of the remaining amount of the
97benefits secured to be provided during the first 10 years after
98the date the claim is filed, and 5 percent of the benefits
99secured after 10 years. The judge of compensation claims shall
100not approve a compensation order, a joint stipulation for lump-
101sum settlement, a stipulation or agreement between a claimant
102and his or her attorney, or any other agreement related to
103benefits under this chapter that provides for an attorney's fee
104in excess of the amount permitted by this section. The judge of
105compensation claims is not required to approve any retainer
106agreement between the claimant and his or her attorney. The
107retainer agreement as to fees and costs may not be for
108compensation in excess of the amount allowed under this section.
109     (3)(2)  In awarding a claimant's attorney's fee, the judge
110of compensation claims shall consider only those benefits
111secured by the attorney. An attorney is not entitled to
112attorney's fees for representation in any issue that was ripe,
113due, and owing and that reasonably could have been addressed,
114but was not addressed, during the pendency of other issues for
115the same injury. The amount, statutory basis, and type of
116benefits obtained through legal representation shall be listed
117on all attorney's fees awarded by the judge of compensation
118claims. For purposes of this section, the term "benefits
119secured" does not include future medical benefits to be provided
120on any date more than 5 years after the date the claim is filed.
121In the event an offer to settle an issue pending before a judge
122of compensation claims, including attorney's fees as provided
123for in this section, is communicated in writing to the claimant
124or the claimant's attorney at least 30 days prior to the trial
125date on such issue, for purposes of calculating the amount of
126attorney's fees to be taxed against the employer or carrier, the
127term "benefits secured" shall be deemed to include only that
128amount awarded to the claimant above the amount specified in the
129offer to settle. If multiple issues are pending before the judge
130of compensation claims, said offer of settlement shall address
131each issue pending and shall state explicitly whether or not the
132offer on each issue is severable. The written offer shall also
133unequivocally state whether or not it includes medical witness
134fees and expenses and all other costs associated with the claim.
135     (4)(3)  If any party should prevail in any proceedings
136before a judge of compensation claims or court, there shall be
137taxed against the nonprevailing party the reasonable costs of
138such proceedings, not to include attorney's fees. A claimant
139shall be responsible for the payment of her or his own
140attorney's fees, except that a claimant shall be entitled to
141recover a reasonable attorney's fee from a carrier or employer:
142     (a)  Against whom she or he successfully asserts a petition
143for medical benefits only, if the claimant has not filed or is
144not entitled to file at such time a claim for disability,
145permanent impairment, wage-loss, or death benefits, arising out
146of the same accident;
147     (b)  In any case in which the employer or carrier files a
148response to petition denying benefits with the Office of the
149Judges of Compensation Claims and the injured person has
150employed an attorney in the successful prosecution of the
151petition;
152     (c)  In a proceeding in which a carrier or employer denies
153that an accident occurred for which compensation benefits are
154payable, and the claimant prevails on the issue of
155compensability; or
156     (d)  In cases where the claimant successfully prevails in
157proceedings filed under s. 440.24 or s. 440.28.
158
159Regardless of the date benefits were initially requested,
160attorney's fees shall not attach under this subsection until 30
161days after the date the carrier or employer, if self-insured,
162receives the petition.
163     (5)(4)  In such cases in which the claimant is responsible
164for the payment of her or his own attorney's fees, such fees are
165a lien upon compensation payable to the claimant,
166notwithstanding s. 440.22.
167     (6)(5)  If any proceedings are had for review of any claim,
168award, or compensation order before any court, the court may
169award the injured employee or dependent an attorney's fee to be
170paid by the employer or carrier, in its discretion, which shall
171be paid as the court may direct.
172     (7)(6)  A judge of compensation claims may not enter an
173order approving the contents of a retainer agreement that
174permits the escrowing of any portion of the employee's
175compensation until benefits have been secured.
176     (8)  Nothing in this chapter shall impair the right of a
177claimant to contract with an attorney for representation in
178connection with a claim under this chapter, except that an
179attorney may not recover an attorney's fee from a claimant on
180benefits secured for which an attorney's fee has been paid by a
181carrier or employer under this section.
182     (7)  If an attorney's fee is owed under paragraph (3)(a),
183the judge of compensation claims may approve an alternative
184attorney's fee not to exceed $1,500 only once per accident,
185based on a maximum hourly rate of $150 per hour, if the judge of
186compensation claims expressly finds that the attorney's fee
187amount provided for in subsection (1), based on benefits
188secured, fails to fairly compensate the attorney for disputed
189medical-only claims as provided in paragraph (3)(a) and the
190circumstances of the particular case warrant such action.
191     Section 4.  Paragraph (c) of subsection (2) of section
192440.45, Florida Statutes, is amended to read:
193     440.45  Office of the Judges of Compensation Claims.--
194     (2)
195     (c)  Each judge of compensation claims shall be appointed
196for a term of 4 years, but during the term of office may be
197removed by the Governor for cause. Prior to the expiration of a
198judge's term of office, the statewide nominating commission
199shall review the judge's conduct and determine whether the
200judge's performance is satisfactory. Effective July 1, 2002, in
201determining whether a judge's performance is satisfactory, the
202commission shall consider the extent to which the judge has met
203the requirements of this chapter, including, but not limited to,
204the requirements of ss. 440.25(1) and (4)(a)-(e), 440.34(3)(2),
205and 440.442. If the judge's performance is deemed satisfactory,
206the commission shall report its finding to the Governor no later
207than 6 months prior to the expiration of the judge's term of
208office. The Governor shall review the commission's report and
209may reappoint the judge for an additional 4-year term. If the
210Governor does not reappoint the judge, the Governor shall inform
211the commission. The judge shall remain in office until the
212Governor has appointed a successor judge in accordance with
213paragraphs (a) and (b). If a vacancy occurs during a judge's
214unexpired term, the statewide nominating commission does not
215find the judge's performance is satisfactory, or the Governor
216does not reappoint the judge, the Governor shall appoint a
217successor judge for a term of 4 years in accordance with
218paragraph (b).
219     Section 5.  This act shall take effect upon becoming a law.
220
221
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T I T L E  A M E N D M E N T
224     Remove the entire title and insert:
225
A bill to be entitled
226An act relating to workers' compensation; amending s.
227440.105, F.S.; decriminalizing receipt of an
228attorney's fee that has not been approved by a judge
229of compensation claims; amending s. 440.20, F.S.;
230requiring a judge of compensation claims to order
231settlement proceeds to be allocated to child support
232arrearages; deleting the requirement that a judge of
233compensation claims approve the attorney's fees paid
234by a claimant; deleting the requirement that parties
235to a settlement need not submit information or
236documentation to support the settlement, except to
237justify the amount of the attorney's fees; providing
238that attorney's fees related to a settlement or
239release of claims are not subject to certain
240provisions of state law; authorizing parties to extend
241the payment time period for settlement payments upon
242agreement; requiring settlement payments to be made
243within a specified time after a judge determines the
244settlement amount allocated to satisfy a child support
245arrearage; amending s. 440.34, F.S.; providing
246circumstances where a claimant shall be entitled to
247recover attorney's fees payable by an employer or
248carrier; specifying an amount for attorney's fees in
249certain cases; requiring a judge of compensation
250claims to determine the amount of the attorney's fees
251in specified cases; deleting restrictions on the
252amounts of attorney's fee; deleting requirements
253relating to an offer of settlement; deleting
254circumstances allowing for attorney's fees to be paid
255by a carrier or employer; deleting the time period for
256the attachment of an attorney's fee; specifying that
257nothing in the chapter shall impair a claimant's right
258to contract for representation; restricting the
259recovery of attorney's fees by certain attorneys
260representing a claimant; deleting a provision allowing
261an alternative attorney's fee to be approved by a
262judge of compensation claims; amending s. 440.45,
263F.S.; correcting a cross-reference; providing an
264effective date.


CODING: Words stricken are deletions; words underlined are additions.