Amendment
Bill No. CS/HB 903

Amendment No. 677495

CHAMBER ACTION
Senate		House
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1	Representative 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
6	440.105, Florida Statutes, is amended to read:
7	440.105  Prohibited activities; reports; penalties;
8	limitations.--
9	(3)  Whoever violates any provision of this subsection
10	commits a misdemeanor of the first degree, punishable as
11	provided in s. 775.082 or s. 775.083.
12	(c)  It is unlawful for any attorney or other person, in
13	his or her individual capacity or in his or her capacity as a
14	public or private employee, or for any firm, corporation,
15	partnership, or association to receive any fee or other
16	consideration or any gratuity from a person on account of
17	services rendered for a person in connection with any
18	proceedings arising under this chapter, unless such fee,
19	consideration, or gratuity is approved by a judge of
20	compensation claims or by the Deputy Chief Judge of Compensation
21	Claims.
22	Section 2.  Paragraph (c) of subsection (11) of section
23	440.20, Florida Statutes, is amended to read:
24	440.20  Time for payment of compensation and medical bills;
25	penalties for late payment.--
26	(11)
27	(c)  Notwithstanding s. 440.21(2), when a claimant is
28	represented by counsel, the claimant may waive all rights to any
29	and all benefits under this chapter by entering into a
30	settlement agreement releasing the employer and the carrier from
31	liability for workers' compensation benefits in exchange for a
32	lump-sum payment to the claimant. The settlement agreement
33	requires approval by the judge of compensation claims shall
34	enter an order determining what, if any, portion of the
35	settlement proceeds must be allocated to satisfy any child
36	support arrearage only as to the attorney's fees paid to the
37	claimant's attorney by the claimant. The parties need not submit
38	any information or documentation in support of the settlement,
39	except as needed to justify the amount of the attorney's fees.
40	Neither the employer nor the carrier is responsible for any
41	attorney's fees relating to the settlement and release of claims
42	under this section. Attorney's fees related to a settlement and
43	release of claims shall not be subject to the provisions of s.
44	440.34(1), provided that any attorney's fees paid by a claimant
45	shall not exceed the amount of fees allowable, based upon the
46	gross amount of the settlement, under the Supreme Court's
47	guidelines governing contingency fee agreements. Unless the
48	parties agree otherwise, payment of the lump-sum settlement
49	amount must be made within 14 days after the date the judge of
50	compensation claims mails the order determining the portion of
51	the settlement proceeds, if any, that must be allocated to
52	satisfy a child support arrearage approving the attorney's fees.
53	Any order entered by a judge of compensation claims approving
54	the attorney's fees as set out in the settlement under this
55	subsection is not considered to be an award and is not subject
56	to modification or review. The judge of compensation claims
57	shall report these settlements to the Deputy Chief Judge in
58	accordance with the requirements set forth in paragraphs (a) and
59	(b). Settlements entered into under this subsection are valid
60	and apply to all dates of accident.
61	Section 3.  Section 440.34, Florida Statutes, is amended to
62	read:
63	440.34  Attorney's fees; costs.--
64	(1)  A claimant shall be responsible for the payment of his
65	or her own attorney's fees, except that he or she shall be
66	entitled to recover an attorney's fee payable by a carrier or
67	employer:
68	(a)  Where the carrier or employer furnishes benefits
69	claimed in a petition for benefits more than 30 days after the
70	carrier or employer, if self-insured, receives the petition; or
71	(b)  Where the claimant successfully prevails in a
72	proceeding filed under s. 440.24 or s. 440.28.
73
74	The attorney's fees a carrier or employer is obligated to pay
75	under 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
77	next $5,000 of the amount of the benefits secured, and 15
78	percent of the remaining amount of the benefits secured;
79	provided, however, an attorney's fee payable under this
80	subsection shall not be less than the fee paid by the employer
81	or carrier to their attorneys to defend against the claim.
82	Notwithstanding any other provision of law, the payment of
83	attorney's fees pursuant to this subsection may not be recouped,
84	directly or indirectly, by any carrier in the rate base, the
85	premium, or any rate filing.
86	(2)  Unless the parties agree, such attorney's fees as may
87	be payable under subsection (1) shall be determined by A fee,
88	gratuity, or other consideration may not be paid for a claimant
89	in connection with any proceedings arising under this chapter,
90	unless approved as reasonable by the judge of compensation
91	claims or court having jurisdiction over such proceedings. Any
92	attorney's fee approved by a judge of compensation claims for
93	benefits secured on behalf of a claimant must equal to 20
94	percent of the first $5,000 of the amount of the benefits
95	secured, 15 percent of the next $5,000 of the amount of the
96	benefits secured, 10 percent of the remaining amount of the
97	benefits secured to be provided during the first 10 years after
98	the date the claim is filed, and 5 percent of the benefits
99	secured after 10 years. The judge of compensation claims shall
100	not approve a compensation order, a joint stipulation for lump-
101	sum settlement, a stipulation or agreement between a claimant
102	and his or her attorney, or any other agreement related to
103	benefits under this chapter that provides for an attorney's fee
104	in excess of the amount permitted by this section. The judge of
105	compensation claims is not required to approve any retainer
106	agreement between the claimant and his or her attorney. The
107	retainer agreement as to fees and costs may not be for
108	compensation in excess of the amount allowed under this section.
109	(3)(2)  In awarding a claimant's attorney's fee, the judge
110	of compensation claims shall consider only those benefits
111	secured by the attorney. An attorney is not entitled to
112	attorney's fees for representation in any issue that was ripe,
113	due, and owing and that reasonably could have been addressed,
114	but was not addressed, during the pendency of other issues for
115	the same injury. The amount, statutory basis, and type of
116	benefits obtained through legal representation shall be listed
117	on all attorney's fees awarded by the judge of compensation
118	claims. For purposes of this section, the term "benefits
119	secured" does not include future medical benefits to be provided
120	on any date more than 5 years after the date the claim is filed.
121	In the event an offer to settle an issue pending before a judge
122	of compensation claims, including attorney's fees as provided
123	for in this section, is communicated in writing to the claimant
124	or the claimant's attorney at least 30 days prior to the trial
125	date on such issue, for purposes of calculating the amount of
126	attorney's fees to be taxed against the employer or carrier, the
127	term "benefits secured" shall be deemed to include only that
128	amount awarded to the claimant above the amount specified in the
129	offer to settle. If multiple issues are pending before the judge
130	of compensation claims, said offer of settlement shall address
131	each issue pending and shall state explicitly whether or not the
132	offer on each issue is severable. The written offer shall also
133	unequivocally state whether or not it includes medical witness
134	fees and expenses and all other costs associated with the claim.
135	(4)(3)  If any party should prevail in any proceedings
136	before a judge of compensation claims or court, there shall be
137	taxed against the nonprevailing party the reasonable costs of
138	such proceedings, not to include attorney's fees. A claimant
139	shall be responsible for the payment of her or his own
140	attorney's fees, except that a claimant shall be entitled to
141	recover a reasonable attorney's fee from a carrier or employer:
142	(a)  Against whom she or he successfully asserts a petition
143	for medical benefits only, if the claimant has not filed or is
144	not entitled to file at such time a claim for disability,
145	permanent impairment, wage-loss, or death benefits, arising out
146	of the same accident;
147	(b)  In any case in which the employer or carrier files a
148	response to petition denying benefits with the Office of the
149	Judges of Compensation Claims and the injured person has
150	employed an attorney in the successful prosecution of the
151	petition;
152	(c)  In a proceeding in which a carrier or employer denies
153	that an accident occurred for which compensation benefits are
154	payable, and the claimant prevails on the issue of
155	compensability; or
156	(d)  In cases where the claimant successfully prevails in
157	proceedings filed under s. 440.24 or s. 440.28.
158
159	Regardless of the date benefits were initially requested,
160	attorney's fees shall not attach under this subsection until 30
161	days after the date the carrier or employer, if self-insured,
162	receives the petition.
163	(5)(4)  In such cases in which the claimant is responsible
164	for the payment of her or his own attorney's fees, such fees are
165	a lien upon compensation payable to the claimant,
166	notwithstanding s. 440.22.
167	(6)(5)  If any proceedings are had for review of any claim,
168	award, or compensation order before any court, the court may
169	award the injured employee or dependent an attorney's fee to be
170	paid by the employer or carrier, in its discretion, which shall
171	be paid as the court may direct.
172	(7)(6)  A judge of compensation claims may not enter an
173	order approving the contents of a retainer agreement that
174	permits the escrowing of any portion of the employee's
175	compensation until benefits have been secured.
176	(8)  Nothing in this chapter shall impair the right of a
177	claimant to contract with an attorney for representation in
178	connection with a claim under this chapter, except that an
179	attorney may not recover an attorney's fee from a claimant on
180	benefits secured for which an attorney's fee has been paid by a
181	carrier or employer under this section.
182	(7)  If an attorney's fee is owed under paragraph (3)(a),
183	the judge of compensation claims may approve an alternative
184	attorney's fee not to exceed $1,500 only once per accident,
185	based on a maximum hourly rate of $150 per hour, if the judge of
186	compensation claims expressly finds that the attorney's fee
187	amount provided for in subsection (1), based on benefits
188	secured, fails to fairly compensate the attorney for disputed
189	medical-only claims as provided in paragraph (3)(a) and the
190	circumstances of the particular case warrant such action.
191	Section 4.  Paragraph (c) of subsection (2) of section
192	440.45, 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
196	for a term of 4 years, but during the term of office may be
197	removed by the Governor for cause. Prior to the expiration of a
198	judge's term of office, the statewide nominating commission
199	shall review the judge's conduct and determine whether the
200	judge's performance is satisfactory. Effective July 1, 2002, in
201	determining whether a judge's performance is satisfactory, the
202	commission shall consider the extent to which the judge has met
203	the requirements of this chapter, including, but not limited to,
204	the requirements of ss. 440.25(1) and (4)(a)-(e), 440.34(3)(2),
205	and 440.442. If the judge's performance is deemed satisfactory,
206	the commission shall report its finding to the Governor no later
207	than 6 months prior to the expiration of the judge's term of
208	office. The Governor shall review the commission's report and
209	may reappoint the judge for an additional 4-year term. If the
210	Governor does not reappoint the judge, the Governor shall inform
211	the commission. The judge shall remain in office until the
212	Governor has appointed a successor judge in accordance with
213	paragraphs (a) and (b). If a vacancy occurs during a judge's
214	unexpired term, the statewide nominating commission does not
215	find the judge's performance is satisfactory, or the Governor
216	does not reappoint the judge, the Governor shall appoint a
217	successor judge for a term of 4 years in accordance with
218	paragraph (b).
219	Section 5.  This act shall take effect upon becoming a law.
220
221
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223	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
226	An act relating to workers' compensation; amending s.
227	440.105, F.S.; decriminalizing receipt of an
228	attorney's fee that has not been approved by a judge
229	of compensation claims; amending s. 440.20, F.S.;
230	requiring a judge of compensation claims to order
231	settlement proceeds to be allocated to child support
232	arrearages; deleting the requirement that a judge of
233	compensation claims approve the attorney's fees paid
234	by a claimant; deleting the requirement that parties
235	to a settlement need not submit information or
236	documentation to support the settlement, except to
237	justify the amount of the attorney's fees; providing
238	that attorney's fees related to a settlement or
239	release of claims are not subject to certain
240	provisions of state law; authorizing parties to extend
241	the payment time period for settlement payments upon
242	agreement; requiring settlement payments to be made
243	within a specified time after a judge determines the
244	settlement amount allocated to satisfy a child support
245	arrearage; amending s. 440.34, F.S.; providing
246	circumstances where a claimant shall be entitled to
247	recover attorney's fees payable by an employer or
248	carrier; specifying an amount for attorney's fees in
249	certain cases; requiring a judge of compensation
250	claims to determine the amount of the attorney's fees
251	in specified cases; deleting restrictions on the
252	amounts of attorney's fee; deleting requirements
253	relating to an offer of settlement; deleting
254	circumstances allowing for attorney's fees to be paid
255	by a carrier or employer; deleting the time period for
256	the attachment of an attorney's fee; specifying that
257	nothing in the chapter shall impair a claimant's right
258	to contract for representation; restricting the
259	recovery of attorney's fees by certain attorneys
260	representing a claimant; deleting a provision allowing
261	an alternative attorney's fee to be approved by a
262	judge of compensation claims; amending s. 440.45,
263	F.S.; correcting a cross-reference; providing an
264	effective date.

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