Florida Senate - 2010 SB 2634 By Senator Smith 29-01798A-10 20102634__ 1 A bill to be entitled 2 An act relating to attorney’s fees in workers’ 3 compensation cases; amending s. 112.1815, F.S.; 4 providing that the finder of fact and law is not bound 5 by provisions of state law relating to the provision 6 of indemnity or medical benefits for employment 7 related accidents or injuries when awarding attorney’s 8 fees in cases involving first responders; requiring 9 that the finder of fact and law consider certain 10 factors when awarding attorney’s fees in such cases; 11 providing a statement of important state interest; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsection (5) is added to section 112.1815, 17 Florida Statutes, to read: 18 112.1815 Firefighters, paramedics, emergency medical 19 technicians, and law enforcement officers; special provisions 20 for employment-related accidents and injuries.— 21 (5) For purposes of first responders as defined in 22 subsection (1), the finder of fact and law is not bound by any 23 statutory provision regarding attorney’s fees relating to the 24 provision of indemnity or medical benefits for employment 25 related accidents or injuries, but must consider the following 26 factors when awarding attorney’s fees: 27 (a) The time and labor required, the novelty and difficulty 28 of the questions involved, and the skill required to perform the 29 legal service properly. 30 (b) The fee customarily charged in the locality for similar 31 legal services. 32 (c) The amount involved in the controversy and the benefits 33 payable to the claimant. 34 (d) The time limitations imposed by the claimant or the 35 circumstances. 36 (e) The experience, reputation, and ability of the attorney 37 or attorneys performing services. 38 (f) The contingency or certainty of a fee. 39 Section 2. The Legislature finds that this act fulfills an 40 important state interest relating to the public interest in 41 prompt and adequate response to provide for the safety of the 42 public unique to first responders. 43 Section 3. This act shall take effect upon becoming a law.