CS/HB 1341

1
A bill to be entitled
2An act relating to contingency fee agreements between the
3Department of Legal Affairs and private attorneys;
4creating s. 16.0155, F.S.; providing definitions;
5prohibiting the Department of Legal Affairs of the Office
6of the Attorney General from entering into a contingency
7fee contract with a private attorney unless the Attorney
8General makes a written determination prior to entering
9into such a contract that contingency fee representation
10is both cost-effective and in the public interest;
11requiring that such written determination include certain
12findings; requiring that the Attorney General, upon making
13his or her written determination, request proposals from
14private attorneys to represent the department on a
15contingency fee basis unless the Attorney General
16determines in writing that requesting such proposals is
17not feasible under the circumstances; providing that the
18written determination does not constitute a final agency
19action subject to review pursuant to state law; providing
20that the request for proposals and contract award are not
21subject to challenge under the Administrative Procedure
22Act; requiring that a private attorney maintain detailed
23contemporaneous time records with regard to work performed
24on the matter by any attorneys or paralegals assigned to
25the matter in specified increments; requiring that a
26private attorney provide such record to the department
27upon request; limiting the amount of a contingency fee
28that may be paid to a private attorney pursuant to a
29contract with the department; requiring that copies of any
30executed contingency fee contract and the Attorney
31General's written determination to enter into such
32contract be posted on the department's website within a
33specified period after the date on which the contract is
34executed; requiring that such information remain posted on
35the website for a specified duration; requiring that any
36payment of contingency fees be posted on the department's
37website within a specified period after the date on which
38payment of such contingency fees is made to the private
39attorney; requiring that such information remain posted on
40the website for a specified duration; providing an
41effective date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Section 16.0155, Florida Statutes, is created
46to read:
47     16.0155  Contingency fee agreements.--
48     (1)  For the purpose of this section, the following
49definitions shall apply:
50     (a)  "Department" means the Department of Legal Affairs.
51     (b)  "Private attorney" means any private attorney or law
52firm.
53     (2)  The department shall not enter into a contingency fee
54contract with a private attorney unless the Attorney General
55makes a written determination prior to entering into such a
56contract that contingency fee representation is both cost-
57effective and in the public interest. Any written determination
58shall include specific findings for each of the following
59factors:
60     (a)  Whether there exist sufficient and appropriate legal
61and financial resources within the department to handle the
62matter.
63     (b)  The time and labor required; the novelty, complexity,
64and difficulty of the questions involved; and the skill
65requisite to perform the attorney services properly.
66     (c)  The geographic area where the attorney services are to
67be provided.
68     (d)  The amount of experience desired for the particular
69kind of attorney services to be provided and the nature of the
70private attorney's experience with similar issues or cases.
71     (3)  When the Attorney General makes the determination
72described in subsection (2), then, notwithstanding the exemption
73provided in s. 287.057(5)(f), the Attorney General shall request
74proposals from private attorneys to represent the department on
75a contingency fee basis, unless the Attorney General determines
76in writing that requesting proposals is not feasible 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 subsection only, the department
80is exempt from the requirements of s. 120.57(3), and neither the
81request for proposals nor the contract award shall be subject to
82challenge pursuant to ss. 120.569 and 120.57.
83     (4)  In addition to the requirements set forth in s.
84287.059(16), any private attorney shall maintain detailed
85contemporaneous time records for the attorneys and paralegals
86working on the matter in increments of no greater than 1/10 of
87an hour and shall promptly provide these records to the
88department, upon request.
89     (5)  Notwithstanding s. 287.059(7)(a), no contingency fee
90contract entered into by the department shall provide for the
91private attorney to receive an aggregate contingency fee in
92excess of:
93     (a)  Twenty-five percent of any recovery of up to $10
94million; 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
98between $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
104In no event shall the aggregate contingency fee exceed $50
105million, exclusive of reasonable costs and expenses, and
106irrespective of the number of lawsuits filed or the number of
107private attorneys retained to achieve the recovery.
108     (6)  Copies of any executed contingency fee contract and
109the Attorney General's written determination to enter into a
110contingency fee contract with the private attorney shall be
111posted on the department's website for public inspection within
1125 business days after the date the contract is executed and
113shall remain posted on the website for the duration of the
114contingency fee contract, including any extensions or amendments
115thereto. Any payment of contingency fees shall be posted on the
116department's website within 15 days after the payment of such
117contingency fees to the private attorney and shall remain posted
118on the website for at least 180 days thereafter.
119     Section 2.  This act shall take effect July 1, 2008.


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