Florida Regulations 60Q-6.124

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§ 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 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. If claimant's counsel is seeking payment of a fee from the claimant which exceeds the statutory fee, counsel must submit an affidavit establishing the basis for approval of the fee.

(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 sign 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 costs shall be filed, under oath, 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. a detailed chronological listing of all time devoted to the claim, and

5. a detailed list of all taxable costs advanced or incurred.

(b) Within 20 days after the motion is served, the opposing party or parties shall file a response to the motion, which includes a detailed recitation of all matters which are disputed. Failure to file a timely and full response to a motion for attorney's fees and costs may result in acceptance of the allegations in the motion as true, imposition of sanctions, or both.

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

(d) Unless the judge orders otherwise, the parties shall exchange exhibit and witness lists no later than 10 days before the date of the attorney's fee hearing.

Specific Authority 440.45 (1)(a), (4) FS.

Law Implemented 440.34, 440.45 (1)(a), (4) FS.

History--New 2-23-03.