Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for HB 903
       
       
       
       
       
       
                                Barcode 953242                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/3R          .                                
             04/30/2009 03:38 PM       .                                
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       Senator Lawson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 106 - 114
    4  and insert:
    5         (7) 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 2. 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  ================= T I T L E  A M E N D M E N T ================
   42         And the title is amended as follows:
   43         Delete line 7
   44  and insert:
   45         carrier or employer; providing that the finder of fact
   46         and law is not bound by provisions of state law
   47         relating to the provision of indemnity or medical
   48         benefits for employment-related accidents or injuries
   49         involving exposure to a toxic substance or
   50         occupational disease when awarding attorney’s fees in
   51         cases involving first responders; requiring that the
   52         finder of fact and law consider certain factors when
   53         awarding attorney’s fees in such cases; defining the
   54         term “occupational disease” for specified purposes;
   55         deleting provisions authorizing a judge of
   56         compensation claims to approve alternative attorney’s
   57         fees under certain circumstances; providing
   58         legislative findings; providing an effective date.