1 | A bill to be entitled |
2 | An act relating to contingency fee agreements between the |
3 | Department of Legal Affairs and private attorneys; |
4 | creating s. 16.0155, F.S.; providing definitions; |
5 | prohibiting the Department of Legal Affairs of the Office |
6 | of the Attorney General from entering into a contingency |
7 | fee contract with a private attorney unless the Attorney |
8 | General makes a written determination prior to entering |
9 | into such a contract that contingency fee representation |
10 | is both cost-effective and in the public interest; |
11 | requiring that such written determination include certain |
12 | findings; requiring that the Attorney General, upon making |
13 | his or her written determination, request proposals from |
14 | private attorneys to represent the department on a |
15 | contingency fee basis unless the Attorney General |
16 | determines in writing that requesting such proposals is |
17 | not feasible under the circumstances; providing that the |
18 | written determination does not constitute a final agency |
19 | action subject to review pursuant to state law; providing |
20 | that the request for proposals and contract award are not |
21 | subject to challenge under the Administrative Procedure |
22 | Act; requiring that a private attorney maintain detailed |
23 | contemporaneous time records with regard to work performed |
24 | on the matter by any attorneys or paralegals assigned to |
25 | the matter in specified increments; requiring that a |
26 | private attorney provide such record to the department |
27 | upon request; limiting the amount of a contingency fee |
28 | that may be paid to a private attorney pursuant to a |
29 | contract with the department; requiring that copies of any |
30 | executed contingency fee contract and the Attorney |
31 | General's written determination to enter into such |
32 | contract be posted on the department's website within a |
33 | specified period after the date on which the contract is |
34 | executed; requiring that such information remain posted on |
35 | the website for a specified duration; requiring that any |
36 | payment of contingency fees be posted on the department's |
37 | website within a specified period after the date on which |
38 | payment of such contingency fees is made to the private |
39 | attorney; requiring that such information remain posted on |
40 | the website for a specified duration; providing an |
41 | effective date. |
42 |
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43 | Be It Enacted by the Legislature of the State of Florida: |
44 |
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45 | Section 1. Section 16.0155, Florida Statutes, is created |
46 | to read: |
47 | 16.0155 Contingency fee agreements.-- |
48 | (1) For the purpose of this section, the following |
49 | definitions shall apply: |
50 | (a) "Department" means the Department of Legal Affairs. |
51 | (b) "Private attorney" means any private attorney or law |
52 | firm. |
53 | (2) The department shall not enter into a contingency fee |
54 | contract with a private attorney unless the Attorney General |
55 | makes a written determination prior to entering into such a |
56 | contract that contingency fee representation is both cost- |
57 | effective and in the public interest. Any written determination |
58 | shall include specific findings for each of the following |
59 | factors: |
60 | (a) Whether there exist sufficient and appropriate legal |
61 | and financial resources within the department to handle the |
62 | matter. |
63 | (b) The time and labor required; the novelty, complexity, |
64 | and difficulty of the questions involved; and the skill |
65 | requisite to perform the attorney services properly. |
66 | (c) The geographic area where the attorney services are to |
67 | be provided. |
68 | (d) The amount of experience desired for the particular |
69 | kind of attorney services to be provided and the nature of the |
70 | private attorney's experience with similar issues or cases. |
71 | (3) When the Attorney General makes the determination |
72 | described in subsection (2), then, notwithstanding the exemption |
73 | provided in s. 287.057(5)(f), the Attorney General shall request |
74 | proposals from private attorneys to represent the department on |
75 | a contingency fee basis, unless the Attorney General determines |
76 | in writing that requesting proposals is not feasible 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 subsection only, the department |
80 | is exempt from the requirements of s. 120.57(3), and neither the |
81 | request for proposals nor the contract award shall be subject to |
82 | challenge pursuant to ss. 120.569 and 120.57. |
83 | (4) In addition to the requirements set forth in s. |
84 | 287.059(16), any private attorney shall maintain detailed |
85 | contemporaneous time records for the attorneys and paralegals |
86 | working on the matter in increments of no greater than 1/10 of |
87 | an hour and shall promptly provide these records to the |
88 | department, upon request. |
89 | (5) Notwithstanding s. 287.059(7)(a), no contingency fee |
90 | contract entered into by the department shall provide for the |
91 | private attorney to receive an aggregate contingency fee in |
92 | excess of: |
93 | (a) Twenty-five percent of any recovery of up to $10 |
94 | million; plus |
95 | (b) Twenty percent of any portion of such recovery between |
96 | $10 million and $15 million; plus |
97 | (c) Fifteen percent of any portion of such recovery |
98 | between $15 million and $20 million; plus |
99 | (d) Ten percent of any portion of such recovery between |
100 | $20 million and $25 million; plus |
101 | (e) Five percent of any portion of such recovery exceeding |
102 | $25 million. |
103 | |
104 | In no event shall the aggregate contingency fee exceed $50 |
105 | million, exclusive of reasonable costs and expenses, and |
106 | irrespective of the number of lawsuits filed or the number of |
107 | private attorneys retained to achieve the recovery. |
108 | (6) Copies of any executed contingency fee contract and |
109 | the Attorney General's written determination to enter into a |
110 | contingency fee contract with the private attorney shall be |
111 | posted on the department's website for public inspection within |
112 | 5 business days after the date the contract is executed and |
113 | shall remain posted on the website for the duration of the |
114 | contingency fee contract, including any extensions or amendments |
115 | thereto. Any payment of contingency fees shall be posted on the |
116 | department's website within 15 days after the payment of such |
117 | contingency fees to the private attorney and shall remain posted |
118 | on the website for at least 180 days thereafter. |
119 | Section 2. This act shall take effect July 1, 2008. |