HOUSE AMENDMENT
Bill No. HB 1383
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 The Committee on State Administration offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Subsections (7) and (8) are added to
18 section 287.059, Florida Statutes, to read:
19 (7) No contract, court order, or settlement agreement
20 shall authorize or permit the payment, negotiation, or
21 collection by private counsel of any attorney's fee for work
22 performed on behalf of the state or any agency thereof in
23 excess of the limitations provided in this section. Fees may
24 not exceed the lesser of:
25 (a) A commercially reasonable amount;
26 (b) An amount calculated in accordance with the
27 lodestar process approved by the Florida Supreme Court, which
28 attorney's fee shall be set by the determination of the number
29 of hours reasonably expended on the matter and the reasonable
30 hourly rate for the services provided by the private attorney;
31 under a contingency fee contract, the lodestar figure
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File original & 9 copies 04/23/01
hsa0005 04:35 pm 01383-sa -753871
HOUSE AMENDMENT
Bill No. HB 1383
Amendment No. ___ (for drafter's use only)
1 calculated may include a contingency risk multiplier not
2 greater than three (3); or
3 (c) Except under a contingency fee contract, $1,000
4 per hour actually expended on the matter by licensed attorneys
5 plus reasonable expenses actually incurred for costs or
6 services other than those of licensed attorneys.
7 (8) No contract or settlement agreement shall
8 authorize or permit payment, negotiation, or collection by a
9 private counsel firm of any attorney's fee for work performed
10 on behalf of the state or any agency thereof in a single case
11 or legal matter in excess of $1,000,000, excluding
12 reimbursement for expenses but including legal services
13 provided by subcontractors, unless a specified higher maximum
14 is approved for the particular case by the Governor for his or
15 her office or agencies, or by each of the respective Cabinet
16 members for his or her department. Specific approval for a
17 higher maximum for a department under the Governor and Cabinet
18 shall require approval by the Attorney General. Each approval
19 of a higher maximum fee pursuant to this paragraph shall be
20 subject to the notice, review, and objection procedures in s.
21 216.177.
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25 And the title is amended as follows:
26 On page 1, lines 2 through 10,
27 remove from the title of the bill: all of said lines
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29 and insert in lieu thereof:
30 An act relating to attorney fees; amending s.
31 287.059, F.S.; providing specific limitations
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File original & 9 copies 04/23/01
hsa0005 04:35 pm 01383-sa -753871
HOUSE AMENDMENT
Bill No. HB 1383
Amendment No. ___ (for drafter's use only)
1 on the payment, negotiation, or collection of
2 attorney's fee by a private counsel for work
3 performed on behalf of the state or any agency
4 thereof; providing that no contract or
5 settlement agreement shall authorize or permit
6 payment, negotiation, or collection by a
7 private counsel in excess of a certain amount;
8 requiring specific approval by the Governor for
9 a higher maximum for his or her office or
10 agencies; requiring specific approval by each
11 of the respective Cabinet members for a higher
12 maximum for his or her department; requiring
13 specific approval by the Attorney General for a
14 higher maximum for a department under the
15 Governor and Cabinet; providing approval for a
16 higher maximum fee to be subject to s. 216.177,
17 F.S.; providing an effective date.
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File original & 9 copies 04/23/01
hsa0005 04:35 pm 01383-sa -753871