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Key Votes

HB 903 - Capping Attorney Fees in Workers' Compensation Lawsuits - Key Vote

Florida Key Votes

Anitere Flores voted Yea (Passage) on this legislation.

Read recent statements Anitere Flores made in this general time period.

Stages

Family

Issues

Note

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Stage Details

Legislation - Signed (Executive) -

Title: Capping Attorney Fees in Workers' Compensation Lawsuits

Signed by Governor Charlie Crist, Jr.
Legislation - Motion Agreed (Senate) (22-16) - (Key vote)

Title: Capping Attorney Fees in Workers' Compensation Lawsuits

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.
Note:

NOTE: THIS IS A VOTE TO RECEDE FROM AMENDMENTS PASSED IN THIS CHAMBER AND PASS THE VERSION OF THE BILL THAT WAS ADOPTED BY THE OPPOSING CHAMBER.

See The Voting Record

Legislation - Nonconcurrence Vote Passed (House) -
Legislation - Bill Passed (Senate) (36-0) -
Legislation - Bill Passed (House) (84-35) - (Key vote)

Title: Capping Attorney Fees in Workers' Compensation Lawsuits

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.
See The Voting Record

Legislation - Introduced (House) -

Title: Capping Attorney Fees in Workers' Compensation Lawsuits

Sponsors

  • Anitere Flores (FL - R) (Out Of Office)

Co-sponsors

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