Senate Bill sb1474
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Florida Senate - 2002 SB 1474
By Senator Sanderson
31-422A-02
1 A bill to be entitled
2 An act relating to attorney's fees; amending s.
3 287.059, F.S.; providing specific limitations
4 on the payment, negotiation, or collection of
5 attorney's fees by private counsel for work
6 performed on behalf of the state or any agency
7 thereof; prohibiting a contract or settlement
8 agreement that authorizes or permits payment,
9 negotiation, or collection by private counsel
10 in excess of a specified amount for work
11 performed in a single case on behalf of the
12 state or an agency thereof; authorizing the
13 Governor, a Cabinet member, or the Attorney
14 General to approve a higher maximum fee under
15 certain circumstances; requiring that a higher
16 maximum fee is subject to certain requirements
17 for notice, review, and objection; providing an
18 effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Present subsections (7) through (16) of
23 section 287.059, Florida Statutes, are redesignated as
24 subsections (9) through (18), respectively, and new
25 subsections (7) and (8) are added to that section, to read:
26 287.059 Private attorney services.--
27 (7) A contract, court order, or settlement agreement
28 may not authorize or permit the payment, negotiation, or
29 collection by private counsel of any attorney's fees for work
30 performed on behalf of the state or any agency thereof in
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Florida Senate - 2002 SB 1474
31-422A-02
1 excess of the limitations provided in this section. Fees may
2 not exceed the lesser of:
3 (a) A commercially reasonable amount;
4 (b) An amount calculated in accordance with the
5 lodestar process approved by the Florida Supreme Court, which
6 attorney's fees shall be set by determining the number of
7 hours reasonably expended on the matter and the reasonable
8 hourly rate for the services provided by the private attorney
9 or, under a contingency fee contract, the lodestar figure
10 calculated may include a contingency risk multiplier not
11 greater than three; or
12 (c) Except under a contingency fee contract, $1,000
13 per hour actually expended on the matter by licensed
14 attorneys, plus reasonable expenses actually incurred for
15 costs or services other than those of licensed attorneys.
16 (8) A contract or settlement agreement may not
17 authorize or permit payment, negotiation, or collection by
18 private counsel of any attorney's fees for work performed on
19 behalf of the state or any agency thereof in a single case or
20 legal matter in excess of $1 million, excluding reimbursement
21 for expenses, but including legal services provided by
22 subcontractors, unless a specified higher maximum is approved
23 for the particular case by the Governor for an office or
24 agency under the direction of the Governor or approved by the
25 Cabinet member for a department under the direction of a
26 designated Cabinet member. Specific approval for a higher
27 maximum fee for an agency or a department under the direction
28 of the Governor and Cabinet must be approved by the Attorney
29 General. Each approval of a higher maximum fee pursuant to
30 this subsection is subject to the procedures for notice,
31 review, and objection provided in s. 216.177.
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Florida Senate - 2002 SB 1474
31-422A-02
1 Section 2. This act shall take effect July 1, 2002.
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4 SENATE SUMMARY
5 Provides limitations on the amount authorized for
attorney's fees for work performed on behalf of the state
6 or a state agency by private counsel. Prohibits payment
in excess of $1 million for attorney's fees in a single
7 case, excluding expenses. Authorizes the Governor, a
designated Cabinet member, or the Attorney General to
8 approve a fee greater than $1 million under certain
circumstances. (See bill for details.)
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