Signed by Governor Charlie Crist, Jr.

Vote Smart's Synopsis:

Vote on a motion to recede from amendments and concur with the House version of a bill that eliminates the ability of a judge of compensation claims to approve attorney fees in workers' compensation lawsuits outside of the contingency fee schedule prescribed by existing law as long as the judge determines the fee to be "reasonable," and requires all attorney fees be awarded according to the existing contingency fee schedule beginning July 1, 2009, with exceptions being made for specific medical cases.

Highlights:

- Specifies that judges are only authorized to approve attorney's fees according to the following schedule, as established by existing law (Sec. 1):

- 20 percent of the first $5,000 of the amount of benefits secured; - 15 percent of the next $5,000 of the amount of benefits secured; - 10 percent of the remaining amount of the benefits secured to be provided during the first 10 years after the date the claim is filed; and - 5 percent of the amount of the benefits secured after 10 years.

- Retains an existing exemption authorizing judges to approve an alternative attorney's fee not to exceed $1,500 per accident, based on a maximum hourly rate of $150 per hour, if the lawsuits is related only to medical benefits and the claimant has not filed for or is not entitled to a claim for disability, permanent impairment, wage-loss, or death benefits, and the judge determines that the attorney fee schedule listed above does not fairly compensate the attorney and circumstances of the particular case warrant such action (Sec. 1). - This is a substitute bill sponsored by the House General Government Policy Council.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that eliminates the ability of a judge of compensation claims to approve attorney fees in workers' compensation lawsuits outside of the contingency fee schedule prescribed by existing law as long as the judge determines the fee to be "reasonable," and requires all attorney fees be awarded according to the existing contingency fee schedule beginning July 1, 2009, with exceptions being made for specific medical cases.

Highlights:

- Specifies that judges are only authorized to approve attorney's fees according to the following schedule, as established by existing law (Sec. 1):

- 20 percent of the first $5,000 of the amount of benefits secured; - 15 percent of the next $5,000 of the amount of benefits secured; - 10 percent of the remaining amount of the benefits secured to be provided during the first 10 years after the date the claim is filed; and - 5 percent of the amount of the benefits secured after 10 years.

- Retains an existing exemption authorizing judges to approve an alternative attorney's fee not to exceed $1,500 per accident, based on a maximum hourly rate of $150 per hour, if the lawsuits is related only to medical benefits and the claimant has not filed for or is not entitled to a claim for disability, permanent impairment, wage-loss, or death benefits, and the judge determines that the attorney fee schedule listed above does not fairly compensate the attorney and circumstances of the particular case warrant such action (Sec. 1). - This is a substitute bill sponsored by the House General Government Policy Council.

Full Bill Text