Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 2000
                        Barcode 170474
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 3/OO/2R          .                    
       04/28/2006 05:06 PM         .                    
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11  Senator Posey moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 30, between lines 18 and 19,
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16  insert:  
17         Section 14.  Subsection (8) of section 768.28, Florida
18  Statutes, is amended to read:
19         768.28  Waiver of sovereign immunity in tort actions;
20  recovery limits; limitation on attorney fees; statute of
21  limitations; exclusions; indemnification; risk management
22  programs.--
23         (8)(a)  No attorney may charge, demand, receive, or
24  collect, for services rendered, fees in excess of 25 percent
25  of any judgment or settlement.
26         (b)  Notwithstanding any contract or fee agreement to
27  the contrary and except as provided in paragraph (d), an
28  attorney providing legal representation on behalf of one or
29  more claimants named in a legislative claim bill may not
30  charge, demand, receive, deduct, or collect as compensation
31  for services provided in connection with the filing,
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    9:37 AM   04/27/06                             s2000c1c-24-j01

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2000 Barcode 170474 1 consideration, or passage of the claim bill more than 25 2 percent of the total amount directed to be paid by the claim 3 bill. A lobbyist or other person representing or acting on 4 behalf of one or more claimants named in a legislative claim 5 bill may not deduct, charge, demand, receive, or collect as 6 compensation for services provided in connection with the 7 filing, consideration, or passage of the claim bill more than 8 2 percent of the total amount directed to be paid by the claim 9 bill. This paragraph applies to the total amount of 10 compensation received collectively by one or more attorneys or 11 one or more lobbyists or other persons providing services in 12 connection with the filing, consideration, or passage of a 13 single claim bill. 14 (c) Before a claim bill is introduced in either house 15 of the Legislature, the sponsor must include in the record of 16 the bill from each claimant, each attorney representing the 17 claimant, and each lobbyist or other person acting on behalf 18 of the claimant, an affidavit stating that the compensation 19 actually paid or agreed to be paid for services provided in 20 connection with the filing, consideration, or passage of the 21 claim bill is in full compliance with the requirements of 22 paragraph (b). Each affidavit must include the dollar amount 23 of the compensation actually paid or agreed to be paid to each 24 attorney and each lobbyist or other person providing such 25 services. 26 (d) Out-of-pocket costs that are reasonable, 27 necessary, and actually incurred and advanced by an attorney, 28 lobbyist, or other person directly in connection with the 29 filing, consideration, or passage of a claim bill must be 30 itemized and disclosed in the affidavit that is included in 31 the record of the bill, but such costs may be excluded from 2 9:37 AM 04/27/06 s2000c1c-24-j01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2000 Barcode 170474 1 the limitation on compensation specified under paragraph (b). 2 3 (Redesignate subsequent sections.) 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 On page 3, line 6, after the semicolon, 9 10 insert: 11 amending s. 768.28, F.S.; limiting the amount 12 that may be paid as compensation to an 13 attorney, lobbyist, or other person 14 representing or acting on behalf of one or more 15 claimants named in a legislative claim bill; 16 requiring that the sponsor of a claim bill 17 include in the record of the bill an affidavit 18 stating the compensation actually paid or 19 agreed to be paid for such services; exempting 20 certain out-of-pocket costs from the limitation 21 on compensation; 22 23 24 25 26 27 28 29 30 31 3 9:37 AM 04/27/06 s2000c1c-24-j01