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. |