Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2000
Barcode 170474
CHAMBER ACTION
Senate House
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3 Floor: 3/OO/2R .
04/28/2006 05:06 PM .
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11 Senator Posey moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 30, between lines 18 and 19,
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16 insert:
17 Section 14. Subsection (8) of section 768.28, Florida
18 Statutes, is amended to read:
19 768.28 Waiver of sovereign immunity in tort actions;
20 recovery limits; limitation on attorney fees; statute of
21 limitations; exclusions; indemnification; risk management
22 programs.--
23 (8)(a) No attorney may charge, demand, receive, or
24 collect, for services rendered, fees in excess of 25 percent
25 of any judgment or settlement.
26 (b) Notwithstanding any contract or fee agreement to
27 the contrary and except as provided in paragraph (d), an
28 attorney providing legal representation on behalf of one or
29 more claimants named in a legislative claim bill may not
30 charge, demand, receive, deduct, or collect as compensation
31 for services provided in connection with the filing,
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9:37 AM 04/27/06 s2000c1c-24-j01
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2000
Barcode 170474
1 consideration, or passage of the claim bill more than 25
2 percent of the total amount directed to be paid by the claim
3 bill. A lobbyist or other person representing or acting on
4 behalf of one or more claimants named in a legislative claim
5 bill may not deduct, charge, demand, receive, or collect as
6 compensation for services provided in connection with the
7 filing, consideration, or passage of the claim bill more than
8 2 percent of the total amount directed to be paid by the claim
9 bill. This paragraph applies to the total amount of
10 compensation received collectively by one or more attorneys or
11 one or more lobbyists or other persons providing services in
12 connection with the filing, consideration, or passage of a
13 single claim bill.
14 (c) Before a claim bill is introduced in either house
15 of the Legislature, the sponsor must include in the record of
16 the bill from each claimant, each attorney representing the
17 claimant, and each lobbyist or other person acting on behalf
18 of the claimant, an affidavit stating that the compensation
19 actually paid or agreed to be paid for services provided in
20 connection with the filing, consideration, or passage of the
21 claim bill is in full compliance with the requirements of
22 paragraph (b). Each affidavit must include the dollar amount
23 of the compensation actually paid or agreed to be paid to each
24 attorney and each lobbyist or other person providing such
25 services.
26 (d) Out-of-pocket costs that are reasonable,
27 necessary, and actually incurred and advanced by an attorney,
28 lobbyist, or other person directly in connection with the
29 filing, consideration, or passage of a claim bill must be
30 itemized and disclosed in the affidavit that is included in
31 the record of the bill, but such costs may be excluded from
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9:37 AM 04/27/06 s2000c1c-24-j01
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2000
Barcode 170474
1 the limitation on compensation specified under paragraph (b).
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3 (Redesignate subsequent sections.)
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6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 On page 3, line 6, after the semicolon,
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10 insert:
11 amending s. 768.28, F.S.; limiting the amount
12 that may be paid as compensation to an
13 attorney, lobbyist, or other person
14 representing or acting on behalf of one or more
15 claimants named in a legislative claim bill;
16 requiring that the sponsor of a claim bill
17 include in the record of the bill an affidavit
18 stating the compensation actually paid or
19 agreed to be paid for such services; exempting
20 certain out-of-pocket costs from the limitation
21 on compensation;
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