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.

19

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

21

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

31

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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.

  2

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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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