Senate Bill sb1474c1
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Florida Senate - 2002 CS for SB 1474
By the Committee on Judiciary; and Senator Sanderson
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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 CS for SB 1474
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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 and paid for by the
20 state out of the General Revenue Fund or a trust fund in a
21 single case or legal matter in excess of $1 million, excluding
22 reimbursement for expenses, but including legal services
23 provided by subcontractors, unless a specified higher maximum
24 is approved for the particular case by the Governor for an
25 office or agency under the direction of the Governor or
26 approved by the Cabinet member for a department under the
27 direction of a designated Cabinet member. Specific approval
28 for a higher maximum fee for an agency or a department under
29 the direction of the Governor and Cabinet must be approved by
30 the Attorney General. Each approval of a higher maximum fee
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Florida Senate - 2002 CS for SB 1474
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1 pursuant to this subsection is subject to the procedures for
2 notice, review, and objection provided in s. 216.177.
3 Section 2. This act shall take effect July 1, 2002.
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5 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
6 Senate Bill 1474
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8 Revises the bill to limit the $1 million statutory cap on
attorney's fees to those cases in which representation by
9 private counsel is performed on behalf of the state or agency
thereof and paid out of the General Revenue or Trust Fund.
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