HB 611

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


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