Florida Senate - 2021                              CS for SB 102
       
       
        
       By the Committee on Community Affairs; and Senator Burgess
       
       
       
       
       
       578-03605-21                                           2021102c1
    1                        A bill to be entitled                      
    2         An act relating to matters of great governmental
    3         concern; creating s. 16.65, F.S.; providing
    4         legislative findings; defining terms; authorizing the
    5         Legislature to declare, by concurrent resolution, that
    6         a circumstance or conduct that has caused substantial
    7         economic loss or other similar harm to governmental
    8         entities in at least a specified number of counties is
    9         a matter of great governmental concern; providing that
   10         the Attorney General has the sole authority to file
   11         certain civil proceedings; authorizing the Attorney
   12         General to investigate certain matters; authorizing
   13         the Attorney General to institute or intervene in
   14         certain civil proceedings; authorizing the Attorney
   15         General to take certain actions in certain civil
   16         proceedings; providing that any award, excluding
   17         attorney fees, are subject to full appropriation by
   18         the Legislature; prohibiting such award to be
   19         appropriated, expended, or encumbered by the Attorney
   20         General or any settlement agreement; providing that a
   21         declaration by the Legislature that a matter is a
   22         matter of great governmental concern abates or stays
   23         certain civil proceedings; providing for the tolling
   24         of certain statutes of limitations; requiring certain
   25         entities to provide notice to the Attorney General;
   26         providing that certain settlements and resolutions are
   27         void; providing that the Department of Legal Affairs
   28         is exempt from certain requirements related to
   29         protests to contract solicitation or award;
   30         authorizing a governmental entity or its attorneys to
   31         apply to a court for recovery of attorney fees and
   32         costs; requiring a court to consider certain factors
   33         in calculating the amount of attorney fees; providing
   34         an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Section 16.65, Florida Statutes, is created to
   39  read:
   40         16.65Matters of great governmental concern.—
   41         (1)LEGISLATIVE FINDINGS.—The Legislature finds that:
   42         (a)Several events have led to extensive litigation by
   43  multiple governmental entities in this state arising from the
   44  same facts, circumstances, or conduct or similar causes of
   45  action. This litigation has been difficult to resolve in a
   46  timely and expeditious manner because of the number and
   47  different types of governmental entities involved.
   48         (b)It is in the interest of this state that a single
   49  official represent governmental entities in civil proceedings in
   50  matters of great governmental concern to maximize recoveries and
   51  minimize costs.
   52         (c)The Attorney General is the state’s chief legal officer
   53  and is the official who should be responsible for the
   54  prosecution, management, and coordination of any civil
   55  proceedings brought by governmental entities in matters of great
   56  governmental concern.
   57         (d)The failure to have a single official responsible in
   58  matters of great governmental concern undermines fairness and
   59  efficiency and risks inconsistent or incongruent results, which
   60  will delay recovery and undermine governmental entities’ ability
   61  to respond to such matters of great governmental concern.
   62         (2)DEFINITIONS.—As used in this section, unless the
   63  context otherwise requires, the term:
   64         (a)“Governmental entity” means the state and any
   65  department, agency, political subdivision, unit of government,
   66  or school district thereof.
   67         (b)“Matter of great governmental concern” means any fact,
   68  circumstance, or conduct that has caused substantial economic
   69  loss or other harm of a similar nature to governmental entities
   70  in 15 or more counties in this state.
   71         (3)AUTHORITY.—
   72         (a)The Legislature by concurrent resolution may declare a
   73  matter to be a matter of great governmental concern. Upon such
   74  declaration, the Attorney General has the sole authority to file
   75  a civil proceeding on behalf of the affected governmental
   76  entities in this state until the Legislature by concurrent
   77  resolution invalidates, rescinds, or amends that declaration.
   78         (b)The Attorney General may investigate a matter before
   79  and after the Legislature declares that the matter is a matter
   80  of great governmental concern. In any investigation and civil
   81  proceeding commenced pursuant to this section, it is the duty of
   82  all public officers and their deputies, assistants, clerks,
   83  subordinates, and employees to render and furnish to the
   84  Attorney General, when so requested, assistance and all
   85  information available in their official capacity.
   86         (c)The Attorney General may institute or intervene in any
   87  civil proceeding in state or federal court, including any
   88  pending appeal, on behalf of a governmental entity to seek any
   89  relief afforded at law or in equity, under state or federal law,
   90  pertaining to a matter of great governmental concern.
   91         (d)The Attorney General may consolidate, dismiss, release,
   92  settle, or take action that he or she believes to be in the
   93  public interest in any civil proceeding in state or federal
   94  court pertaining to a matter of great governmental concern,
   95  provided that such action is not inconsistent with the terms or
   96  provisions of the Legislature’s resolution declaring the matter
   97  to be a matter of great governmental concern.
   98         (e)Any award for damages or monetary payment arising from
   99  a civil proceeding, compromise, or settlement of any claim or
  100  litigation pertaining to a matter of great governmental concern,
  101  excluding attorney fees described in subsection (4), is subject
  102  to full appropriation by the Legislature and may not be
  103  appropriated, expended, or encumbered by the Attorney General or
  104  the terms or provisions of any settlement agreement.
  105         (f)A declaration by the Legislature that a matter is a
  106  matter of great governmental concern operates to abate or stay
  107  any civil proceeding in state or federal court pertaining to the
  108  matter of great governmental concern filed by a governmental
  109  entity until the Attorney General takes an action in such
  110  proceeding.
  111         (g)Any statute of limitations under the laws of this state
  112  affecting a claim by a governmental entity is tolled for the
  113  pendency of a declaration that a matter is a matter of great
  114  governmental concern or for 1 year, whichever is earlier.
  115         (h)Upon learning of a declaration that a matter is a
  116  matter of great governmental concern, all governmental entities
  117  then a party to any affected civil proceeding shall provide
  118  notice to the Attorney General of the existence of any such
  119  civil proceeding, including the style of the action, the case
  120  number, and the court where such proceeding is pending. Any
  121  settlement or resolution of the civil proceeding by a
  122  governmental entity taken after a declaration without the
  123  consent of the Attorney General is void.
  124         (i)For purposes of this subsection, the Department of
  125  Legal Affairs is exempt from s. 120.57(3).
  126         (4)ATTORNEY FEES.—
  127         (a)If a governmental entity retains attorneys to represent
  128  it before a matter is declared to be a matter of great
  129  governmental concern, the governmental entity or its attorneys
  130  may apply to the court where the civil proceeding is being
  131  prosecuted by the Attorney General or, if no such proceeding
  132  exists, in the circuit court in and for Leon County to receive
  133  from any recovery its reasonable attorney fees and costs
  134  incurred in connection with such representation.
  135         (b)In calculating the amount of any reasonable attorney
  136  fees, the court shall consider all of the following factors:
  137         1.The time and labor required, the novelty and difficulty
  138  of the question involved, and the skill requisite to perform the
  139  legal service properly.
  140         2.The likelihood, if apparent, that the acceptance of the
  141  particular employment will preclude other employment by the
  142  attorney.
  143         3.The fee customarily charged in the locality for similar
  144  legal services.
  145         4.The amount involved and the results obtained.
  146         5.The time limitation imposed by the governmental entity
  147  or the circumstances.
  148         6.The nature and length of the professional relationship
  149  with the governmental entity.
  150         7.The experience, reputation, and ability of the attorney
  151  performing the legal services.
  152         8.Whether the fee is fixed or contingent.
  153         Section 2. This act shall take effect upon becoming a law.