60Q-6.124. Payment of Attorney's Fees and Costs Other Than Pursuant to Section 440.20(11), Florida Statutes

(1) Payment of Undisputed Attorney’s Fees and Costs by Claimant. The claimant and his or her attorney may jointly move for the judge to approve the payment of an attorney’s fee and reimbursement of costs. The motion shall be served on all parties and include a statement that claimant’s counsel has not previously secured or received a fee on the benefits for which a fee is now being sought, the claimant’s signature, and an attorney’s fee data sheet setting forth the benefits secured by claimant’s counsel and the value of the benefits.

(2) Payment of Undisputed Attorney’s Fees and Costs by Employer/Carrier/Servicing Agent. The employee and the employer/ carrier/servicing agent may stipulate to the payment of attorney’s fees and costs. The stipulation submitted for the judge’s approval shall be accompanied by an attorney’s fee data sheet. If claimant’s counsel is seeking payment of a fee from the employer/carrier which exceeds the statutory fee, counsel must submit an affidavit establishing the basis for approval of the fee. The claimant must be provided with notice of any stipulation providing for an employer/carrier-paid attorney’s fee.

(3) Payment of Disputed Attorney’s Fees and Costs.

(a) Any motion for attorney’s fees and/or for costs shall be verified and filed, and shall include:

1. A statement of the facts relied on in support of the motion;

2. The statutory and legal basis relied upon;

3. A recitation of all benefits secured for the claimant through the attorney’s efforts, including projected future benefits reduced to present value;

4. The statutory fee based on the benefit secured;

5. A detailed chronological listing of all time devoted to the claim, if applicable; and

6. A detailed list of all taxable costs advanced or incurred.

(b) Within 30 days after the motion is served, the opposing party or parties shall file a verified response to the motion, which includes a detailed recitation of all matters which are disputed in the form outlined in subparagraphs (3)(a)1.-6. Failure to file a timely and specific response to a motion for attorney’s fees and costs detailing matters that are disputed shall, absent good cause, result in acceptance of the allegations in the motion as true.

(c) If both entitlement and the amount of the fee are contested, the hearing may be bifurcated at the request of a party.

(d) Unless the judge orders otherwise, the parties shall exchange exhibits and written witness lists no later than 10 days before the date of the attorney’s fee and/or cost hearing.

(e) The Statewide Uniform Guidelines for Taxation of Costs in Civil Actions shall be considered by the judge in determining the reasonableness of an award of cost reimbursement.

(4) Payment of Disputed Attorney’s Fees and Costs – Appellate. Upon issuance of mandate by the appellate court in a matter awarding attorney’s fees, the awarded party shall serve and file a verified petition to determine the amount of appellate attorney’s fee and costs within 15 days from the date of the order entered by the court.

(5) Upon motion by any party:

(a) The judge shall require the filing of a verified motion for attorney’s fees and costs as to any petition for benefits which has no pending claims other than entitlement to attorney’s fees and costs.

(b) The judge may require the party or attorney entitled to attorney’s fees and costs to file a verified motion for attorney’s fees and costs as to amount.

(6) No later than September 1 of each year, all self-insurers, third-party administrators, and carriers shall report by e-JCC to the OJCC the amount of all attorney’s fees paid to their defense attorneys in connection with workers’ compensation claims during the prior July 1 through June 30 fiscal year.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.32, 440.34, 440.345,  440.45(1)(a), (4), (5) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14.