| 1 | A bill to be entitled |
| 2 | An act relating to contingency fee agreements between |
| 3 | state entities and private attorneys; amending s. |
| 4 | 287.059, F.S.; prohibiting the Department of Legal |
| 5 | Affairs of the Office of the Attorney General from |
| 6 | entering into a contingency fee contract with a |
| 7 | private attorney unless the Attorney General makes a |
| 8 | written determination before entering into such a |
| 9 | contract that contingency fee representation is both |
| 10 | cost-effective and in the public interest; requiring |
| 11 | that such written determination include certain |
| 12 | findings; requiring that the Attorney General, upon |
| 13 | making his or her written determination, request |
| 14 | proposals from private attorneys to represent the |
| 15 | department on a contingency fee basis unless the |
| 16 | Attorney General determines in writing that requesting |
| 17 | such proposals is not appropriate under the |
| 18 | circumstances; providing that the written |
| 19 | determination does not constitute a final agency |
| 20 | action subject to review pursuant to state law; |
| 21 | providing that the request for proposals and contract |
| 22 | award are not subject to challenge under the |
| 23 | Administrative Procedure Act; requiring that a private |
| 24 | attorney maintain detailed contemporaneous time |
| 25 | records with regard to work performed on the matter by |
| 26 | any attorneys or paralegals assigned to the matter in |
| 27 | specified increments; requiring that a private |
| 28 | attorney provide such record to the department upon |
| 29 | request; limiting the amount of a contingency fee that |
| 30 | may be paid to a private attorney pursuant to a |
| 31 | contract with the department; requiring that copies of |
| 32 | any executed contingency fee contract and the Attorney |
| 33 | General's written determination to enter into such |
| 34 | contract be posted on the department's website within |
| 35 | a specified period after the date on which such |
| 36 | contract is executed; requiring that such information |
| 37 | remain posted on the website for a specified duration; |
| 38 | requiring that the amount of any payment of |
| 39 | contingency fees be posted on the department's website |
| 40 | within a specified period after the date on which |
| 41 | payment of such contingency fees is made to the |
| 42 | private attorney; requiring that such information |
| 43 | remain posted on the website for a specified duration; |
| 44 | providing an effective date. |
| 45 |
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| 46 | Be It Enacted by the Legislature of the State of Florida: |
| 47 |
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| 48 | Section 1. Paragraph (c) is added to subsection (7) of |
| 49 | section 287.059, Florida Statutes, to read: |
| 50 | 287.059 Private attorney services.-- |
| 51 | (7) |
| 52 | (c)1. The Department of Legal Affairs shall not enter into |
| 53 | a contingency fee contract with a private attorney unless the |
| 54 | Attorney General makes a written determination before entering |
| 55 | into such a contract that contingency fee representation is both |
| 56 | cost-effective and in the public interest. A written |
| 57 | determination must include specific findings with regard to each |
| 58 | of the following factors: |
| 59 | a. Whether sufficient and appropriate legal and financial |
| 60 | resources exist within the department to handle the matter. |
| 61 | b. The amount of time and labor required to handle the |
| 62 | matter; the novelty, complexity, and difficulty of the questions |
| 63 | involved; and the skills required to perform the necessary |
| 64 | attorney services adequately. |
| 65 | c. The geographic area in which the attorney services are |
| 66 | to be provided. |
| 67 | d. The amount of experience desired for the particular |
| 68 | kind of attorney services to be provided and the nature of the |
| 69 | private attorney's experience with regard to similar issues or |
| 70 | cases. |
| 71 | 2. Upon making his or her written determination, |
| 72 | notwithstanding the exemption for legal services provided in s. |
| 73 | 287.057(5)(f), the Attorney General shall request proposals from |
| 74 | private attorneys to represent the department on a contingency |
| 75 | fee basis unless the Attorney General determines in writing that |
| 76 | requesting such proposals is not appropriate under the |
| 77 | circumstances. The written determination does not constitute a |
| 78 | final agency action subject to review pursuant to ss. 120.569 |
| 79 | and 120.57. For purposes of this subparagraph, the department is |
| 80 | exempt from the requirements of s. 120.57(3), and the request |
| 81 | for proposals and contract award are not subject to challenge |
| 82 | pursuant to ss. 120.569 and 120.57. |
| 83 | 3. In addition to the requirements set forth in subsection |
| 84 | (16), any private attorney shall maintain detailed |
| 85 | contemporaneous time records with regard to work performed on |
| 86 | the matter by any attorneys or paralegals assigned to the matter |
| 87 | in increments of no greater than one-tenth of an hour. A private |
| 88 | attorney shall provide these records to the department promptly |
| 89 | upon request by the department. |
| 90 | 4. Notwithstanding the provisions of paragraph (a), a |
| 91 | contingency fee contract entered into by the department may not |
| 92 | provide for the private attorney to receive an aggregate |
| 93 | contingency fee in excess of: |
| 94 | a. Twenty-five percent if the recovery is up to $10 |
| 95 | million; |
| 96 | b. Twenty percent if the recovery is at least $10 million |
| 97 | but less than $15 million; |
| 98 | c. Fifteen percent if the such recovery is at least $15 |
| 99 | million but less than $20 million; |
| 100 | d. Ten percent if the recovery is at least $20 million but |
| 101 | less than $25 million; or |
| 102 | e. Five percent if the recovery is $25 million or greater. |
| 103 | 5. The aggregate contingency fee received by a private |
| 104 | attorney may not exceed $50 million, exclusive of reasonable |
| 105 | costs and expenses, irrespective of the number of lawsuits filed |
| 106 | or the number of private attorneys retained to achieve the |
| 107 | recovery. |
| 108 | 6. Copies of any executed contingency fee contract and the |
| 109 | Attorney General's written determination to enter into such |
| 110 | contract with a private attorney shall be posted on the |
| 111 | department's website for public inspection within 5 business |
| 112 | days after the date on which the contract is executed and shall |
| 113 | remain posted on the website for the duration of the contingency |
| 114 | fee contract, including any extensions or amendments thereto. |
| 115 | The amount of any payment of contingency fees shall be posted on |
| 116 | the department's website within 15 days after the date on which |
| 117 | payment of such contingency fees is made to the private attorney |
| 118 | and shall remain posted on the website for at least 180 days |
| 119 | after that date. |
| 120 | Section 2. This act shall take effect July 1, 2008. |