House Bill hb0535c1
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Florida House of Representatives - 2002 CS/HB 535
By the Committee on State Administration and
Representative Kallinger
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; providing that no contract or
8 settlement agreement shall authorize or permit
9 payment, negotiation, or collection by a
10 private counsel firm of attorney's fees in
11 excess of a certain amount; requiring specific
12 approval by the Governor for a higher maximum
13 fee for his or her office or agencies;
14 requiring specific approval by each of the
15 respective Cabinet members for a higher maximum
16 fee for his or her department; requiring
17 specific approval by the Attorney General for a
18 higher maximum fee for a department under the
19 Governor and Cabinet; requiring approval for a
20 higher maximum fee to be subject to s. 216.177,
21 F.S.; providing an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Subsections (17) and (18) are added to
26 section 287.059, Florida Statutes, to read:
27 287.059 Private attorney services.--
28 (17) No contract, court order, or settlement agreement
29 shall authorize or permit the payment, negotiation, or
30 collection by private counsel of any attorney's fee for work
31 performed on behalf of the state or any agency thereof in
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Florida House of Representatives - 2002 CS/HB 535
688-201-02
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 fee shall be set by the determination of the number
7 of hours reasonably expended on the matter and the reasonable
8 hourly rate for the services provided by the private attorney;
9 under a contingency fee contract, the lodestar figure
10 calculated may include a contingency risk multiplier not
11 greater than 3; or
12 (c) Except under a contingency fee contract, $1,000
13 per hour actually expended by each licensed attorney on the
14 matter plus reasonable expenses actually incurred for costs or
15 services other than those of licensed attorneys.
16 (18) No contract or settlement agreement shall
17 authorize or permit payment, negotiation, or collection by a
18 private counsel firm of any attorney's fee for work performed
19 on behalf of the state or any agency thereof in a single case
20 or legal matter in excess of $1 million, excluding
21 reimbursement for expenses but including legal services
22 provided by subcontractors, unless a specified higher maximum
23 fee is approved for the particular case by the Governor for
24 his or her office or agencies, or by each of the respective
25 Cabinet members for his or her department. Specific approval
26 for a higher maximum fee for a department under the Governor
27 and Cabinet shall require approval by the Attorney General.
28 Each approval of a higher maximum fee pursuant to this
29 subsection shall be subject to the notice, review, and
30 objection procedures in s. 216.177.
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Florida House of Representatives - 2002 CS/HB 535
688-201-02
1 Section 2. This act shall take effect upon becoming a
2 law.
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