HB 1341

1
A bill to be entitled
2An act relating to contingency fee agreements between
3state entities and private attorneys; amending s.
4287.059, F.S.; prohibiting the Department of Legal
5Affairs of the Office of the Attorney General from
6entering into a contingency fee contract with a
7private attorney unless the Attorney General makes a
8written determination before entering into such a
9contract that contingency fee representation is both
10cost-effective and in the public interest; requiring
11that such written determination include certain
12findings; requiring that the Attorney General, upon
13making his or her written determination, request
14proposals from private attorneys to represent the
15department on a contingency fee basis unless the
16Attorney General determines in writing that requesting
17such proposals is not appropriate under the
18circumstances; providing that the written
19determination does not constitute a final agency
20action subject to review pursuant to state law;
21providing that the request for proposals and contract
22award are not subject to challenge under the
23Administrative Procedure Act; requiring that a private
24attorney maintain detailed contemporaneous time
25records with regard to work performed on the matter by
26any attorneys or paralegals assigned to the matter in
27specified increments; requiring that a private
28attorney provide such record to the department upon
29request; limiting the amount of a contingency fee that
30may be paid to a private attorney pursuant to a
31contract with the department; requiring that copies of
32any executed contingency fee contract and the Attorney
33General's written determination to enter into such
34contract be posted on the department's website within
35a specified period after the date on which such
36contract is executed; requiring that such information
37remain posted on the website for a specified duration;
38requiring that the amount of any payment of
39contingency fees be posted on the department's website
40within a specified period after the date on which
41payment of such contingency fees is made to the
42private attorney; requiring that such information
43remain posted on the website for a specified duration;
44providing an effective date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Paragraph (c) is added to subsection (7) of
49section 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
53a contingency fee contract with a private attorney unless the
54Attorney General makes a written determination before entering
55into such a contract that contingency fee representation is both
56cost-effective and in the public interest. A written
57determination must include specific findings with regard to each
58of the following factors:
59     a.  Whether sufficient and appropriate legal and financial
60resources exist within the department to handle the matter.
61     b.  The amount of time and labor required to handle the
62matter; the novelty, complexity, and difficulty of the questions
63involved; and the skills required to perform the necessary
64attorney services adequately.
65     c.  The geographic area in which the attorney services are
66to be provided.
67     d.  The amount of experience desired for the particular
68kind of attorney services to be provided and the nature of the
69private attorney's experience with regard to similar issues or
70cases.
71     2.  Upon making his or her written determination,
72notwithstanding the exemption for legal services provided in s.
73287.057(5)(f), the Attorney General shall request proposals from
74private attorneys to represent the department on a contingency
75fee basis unless the Attorney General determines in writing that
76requesting such proposals is not appropriate under the
77circumstances. The written determination does not constitute a
78final agency action subject to review pursuant to ss. 120.569
79and 120.57. For purposes of this subparagraph, the department is
80exempt from the requirements of s. 120.57(3), and the request
81for proposals and contract award are not subject to challenge
82pursuant 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
85contemporaneous time records with regard to work performed on
86the matter by any attorneys or paralegals assigned to the matter
87in increments of no greater than one-tenth of an hour. A private
88attorney shall provide these records to the department promptly
89upon request by the department.
90     4.  Notwithstanding the provisions of paragraph (a), a
91contingency fee contract entered into by the department may not
92provide for the private attorney to receive an aggregate
93contingency fee in excess of:
94     a.  Twenty-five percent if the recovery is up to $10
95million;
96     b.  Twenty percent if the recovery is at least $10 million
97but less than $15 million;
98     c.  Fifteen percent if the such recovery is at least $15
99million but less than $20 million;
100     d.  Ten percent if the recovery is at least $20 million but
101less 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
104attorney may not exceed $50 million, exclusive of reasonable
105costs and expenses, irrespective of the number of lawsuits filed
106or the number of private attorneys retained to achieve the
107recovery.
108     6.  Copies of any executed contingency fee contract and the
109Attorney General's written determination to enter into such
110contract with a private attorney shall be posted on the
111department's website for public inspection within 5 business
112days after the date on which the contract is executed and shall
113remain posted on the website for the duration of the contingency
114fee contract, including any extensions or amendments thereto.
115The amount of any payment of contingency fees shall be posted on
116the department's website within 15 days after the date on which
117payment of such contingency fees is made to the private attorney
118and shall remain posted on the website for at least 180 days
119after that date.
120     Section 2.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.