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A bill to be entitled

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An act relating to contingency fee agreements between

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state entities and private attorneys; amending s.

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287.059, F.S.; prohibiting the Department of Legal

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Affairs of the Office of the Attorney General from

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entering into a contingency fee contract with a private

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attorney unless the Attorney General makes a written

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determination before entering into such a contract that

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contingency fee representation is both cost-effective

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and in the public interest; requiring that such written

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determination include certain findings; requiring that

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the Attorney General, upon making his or her written

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determination, request proposals from private attorneys

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to represent the department on a contingency fee basis

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unless the Attorney General determines in writing that

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requesting such proposals is not appropriate under the

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circumstances; providing that the written determination

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does not constitute a final agency action subject to

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review pursuant to state law; providing that the

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request for proposals and contract award are not

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subject to challenge under the Administrative Procedure

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Act; requiring that a private attorney maintain

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detailed contemporaneous time records with regard to

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work performed on the matter by any attorneys or

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paralegals assigned to the matter in specified

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increments; requiring that a private attorney provide

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such record to the department upon request; limiting

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the amount of a contingency fee that may be paid to a

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private attorney pursuant to a contract with the

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department; requiring that copies of any executed

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contingency fee contract and the Attorney General's

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written determination to enter into such contract be

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posted on the department's website within a specified

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period after the date on which such contract is

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executed; requiring that such information remain posted

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on the website for a specified duration; requiring that

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the amount of any payment of contingency fees be posted

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on the department's website within a specified period

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after the date on which payment of such contingency

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fees is made to the private attorney; requiring that

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such information remain posted on the website for a

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specified duration; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (c) is added to subsection (7) of

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section 287.059, Florida Statutes, to read:

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     287.059  Private attorney services.--

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     (7)

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     (c)1. The Department of Legal Affairs may not enter into a

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contingency fee contract with a private attorney unless the

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Attorney General makes a written determination before entering

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into such a contract that contingency fee representation is both

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cost-effective and in the public interest. A written

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determination must include specific findings with regard to each

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of the following factors:

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     a. Whether sufficient and appropriate legal and financial

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resources exist within the department to handle the matter.

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     b. The amount of time and labor required to handle the

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matter; the novelty, complexity, and difficulty of the questions

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involved; and the skills required to perform the necessary

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attorney services adequately.

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     c. The geographic area in which the attorney services are

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to be provided.

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     d. The amount of experience desired for the particular kind

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of attorney services to be provided and the nature of the private

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attorney's experience with regard to similar issues or cases.

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     2. Upon making his or her written determination,

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notwithstanding the exemption for legal services provided in s.

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287.057(5)(f), the Attorney General shall request proposals from

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private attorneys to represent the department on a contingency

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fee basis unless the Attorney General determines in writing that

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requesting such proposals is not appropriate under the

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circumstances. The written determination does not constitute a

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final agency action subject to review pursuant to ss. 120.569 and

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120.57. For purposes of this subparagraph, the department is

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exempt from the requirements of s. 120.57(3), and the request for

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proposals and contract award are not subject to challenge

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pursuant to ss. 120.569 and 120.57.

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     3. In addition to the requirements set forth in s.

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287.059(16), any private attorney shall maintain detailed

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contemporaneous time records with regard to work performed on the

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matter by any attorneys or paralegals assigned to the matter in

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increments of no greater than one-tenth of an hour. A private

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attorney shall provide these records to the department promptly

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upon request by the department.

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     4. Notwithstanding the provisions of s. 287.059(7)(a), a

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contingency fee contract entered into by the department may not

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provide for the private attorney to receive an aggregate

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contingency fee in excess of:

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     a. Twenty-five percent if the recovery is up to $10

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million;

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     b. Twenty percent if the recovery is at least $10 million

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but less than $15 million;

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     c. Fifteen percent if the recovery is at least $15 million

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but less than $20 million;

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     d. Ten percent if the recovery is at least $20 million but

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less than $25 million; or

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     e. Five percent if the recovery is $25 million or greater.

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     5. The aggregate contingency fee received by a private

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attorney may not exceed $50 million, exclusive of reasonable

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costs and expenses, irrespective of the number of lawsuits filed

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or the number of private attorneys retained to achieve the

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recovery.

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     6. Copies of any executed contingency fee contract and the

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Attorney General's written determination to enter into such

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contract with a private attorney shall be posted on the

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department's website for public inspection within 5 business days

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after the date on which the contract is executed and shall remain

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posted on the website for the duration of the contingency fee

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contract, including any extensions or amendments thereto. The

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amount of any payment of contingency fees shall be posted on the

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department's website within 15 days after the date on which

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payment of such contingency fees is made to the private attorney

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and shall remain posted on the website for at least 180 days

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after that date.

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     Section 2.  This act shall take effect July 1, 2008.