House Bill hb1383

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    Florida House of Representatives - 2001                HB 1383

        By Representative Kallinger






  1                      A bill to be entitled

  2         An act relating to attorney fees; creating the

  3         "Reasonable Attorney Fees for Taxpayers Act";

  4         providing a definition; requiring state

  5         agencies retaining an attorney for legal

  6         services to do so by competitive bid; providing

  7         a separate procedure for contracts for legal

  8         services exceeding a certain amount; providing

  9         a limitation on the payment of per-hour fees by

10         state agencies; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Reasonable attorney fees for taxpayers.--

15         (1)  This section may be cited as the "Reasonable

16  Attorney Fees for Taxpayers Act."

17         (2)  For the purposes of this section, a contract in

18  excess of $1 million is one in which the fee paid to an

19  attorney or group of attorneys, either in the form of a flat,

20  hourly, or contingent fee, and their expenses, exceeds or can

21  be reasonably expected to exceed $1 million.

22         (3)  Any state agency or state agent that wishes to

23  retain a lawyer or law firm to perform legal services on

24  behalf of this state shall not do so until an open and

25  competitive bidding process has been undertaken.

26         (4)  No state agency or state agent shall enter into a

27  contract for legal services exceeding $1 million without the

28  opportunity for at least one hearing in the Legislature on the

29  terms of the legal contract in accordance with subsection (5).

30         (5)(a)  Any state agency or state agent entering into a

31  contract for legal services in excess of $1 million shall file

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    Florida House of Representatives - 2001                HB 1383

    774-103A-01






  1  a copy of said proposed contract with the Clerk of the House

  2  of Representatives, who, with the approval of the President of

  3  the Senate and the Speaker of the House of Representatives,

  4  shall refer such contract to the appropriate committee.

  5         (b)  Within 30 days after such referral, said committee

  6  may hold a public hearing on said proposed contract and shall

  7  issue a report to the referring state agency or state agent.

  8  Said report shall include any proposed changes to the proposed

  9  contract voted upon by the committee. The state agency or

10  state agent shall review said report and adopt a final

11  contract as deemed appropriate in view of said report and

12  shall file with the Clerk of the House of Representatives its

13  final contract.

14         (c)  If the proposed contract does not contain the

15  changes proposed by said committee, the referring state agency

16  or state agent shall send a letter to said clerk accompanying

17  the final contract stating the reasons why such proposed

18  changes were not adopted. Said clerk shall refer such letter

19  and final regulations to the appropriate committee. Not

20  earlier than 45 days after the filing of such letter and final

21  contract with said committee, the state agency or state agent

22  shall enter into the final contract.

23         (d)  If no proposed changes to the proposed contract

24  are made to the state agency or state agent within 60 days

25  after the initial filing of the proposed regulation or any

26  amendment or repeal of such regulation with the Clerk of the

27  House of Representatives, the state agency or state agent may

28  enter into the contract.

29         (e)  Nothing in this act shall be construed to expand

30  the authority of any state agency or state agent to enter into

31  contracts where no such authority previously existed.

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    Florida House of Representatives - 2001                HB 1383

    774-103A-01






  1         (f)  In the event that the Legislature is not in

  2  session and the Attorney General wishes to execute a contract

  3  for legal services, the Governor, with the unanimous consent

  4  of the Speaker of the House of Representatives and the

  5  President of the Senate, may establish a five-member interim

  6  committee consisting of five state legislators, one each to be

  7  appointed by the Governor, the Speaker of the House of

  8  Representatives, the President of the Senate, and the minority

  9  leader in each house of the Legislature to execute the

10  oversight duties as set forth in paragraphs (b)-(e) of this

11  section. Identical deadlines and reporting responsibilities

12  shall apply to the Attorney General and this interim committee

13  as would apply to a standing committee of the Legislature

14  executing its duties set forth in paragraphs (b)-(e).

15         (6)(a)  At the conclusion of any legal proceeding for

16  which a state agency or state agent retained outside counsel

17  on a contingent fee basis, the state shall receive from

18  counsel a statement of the hours worked on the case, expenses

19  incurred, the aggregate fee amount, and a breakdown as to the

20  hourly rate, based on hours worked divided into fee recovered,

21  less expenses.

22         (b)  In no case shall the state incur fees and expenses

23  in excess of $1,000 per hour for legal services. In cases

24  where a disclosure submitted in accordance with paragraph (a)

25  of this section indicates an hourly rate in excess of $1,000

26  per hour, the fee amount shall be reduced to an amount

27  equivalent to $1,000 per hour.

28         Section 2.  This act shall take effect July 1, 2001.

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    Florida House of Representatives - 2001                HB 1383

    774-103A-01






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  2                          HOUSE SUMMARY

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      Creates the "Reasonable Attorney Fees for Taxpayers Act."
  4    Provides for competitive bids for retention of legal
      services by state agencies. Provides a separate procedure
  5    for contracts for legal services valued at over $1
      million. See bill for details.
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