Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. SB 1370
       
       
       
       
       
       
                                Barcode 944152                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/28/2009 03:30 PM       .                                
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       Senator Gelber moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 92 - 110
    4  and insert:
    5         (5)(a) Notwithstanding s. 287.059(7)(a), a contingency fee
    6  contract entered into by the department may not provide for the
    7  private attorney to receive an aggregate contingency fee in
    8  excess of:
    9         1. Twenty-five percent of any recovery of up to $10
   10  million; plus
   11         2. Twenty percent of any portion of such recovery between
   12  $10 million and $15 million; plus
   13         3. Fifteen percent of any portion of such recovery between
   14  $15 million and $20 million; plus
   15         4. Ten percent of any portion of such recovery between $20
   16  million and $25 million; plus
   17         5. Five percent of any portion of such recovery exceeding
   18  $25 million.
   19  
   20  The aggregate contingency fee may not exceed $50 million,
   21  exclusive of reasonable costs and expenses, and irrespective of
   22  the number of lawsuits filed or the number of private attorneys
   23  retained to achieve the recovery.
   24         (b) The limits on contingency fees in paragraph (a) do not
   25  apply if the Attorney General determines that the costs and
   26  expenses of a legal proceeding create an undue financial risk
   27  for the state and that the best interests of the state are for a
   28  private attorney to represent the state and bear the costs and
   29  expenses of the legal proceeding.
   30  
   31  ================= T I T L E  A M E N D M E N T ================
   32         And the title is amended as follows:
   33         Delete line 31
   34  and insert:
   35         contract with the department; creating an exception to
   36         the limit on contingency fees; requiring that copies
   37         of