Florida Senate - 2009 SB 1370
By Senator Fasano
11-00718-09 20091370__
1 A bill to be entitled
2 An act relating to contingency fee agreements between
3 the 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
6 Office of the Attorney General from entering into a
7 contingency fee contract with a private attorney
8 unless the Attorney General makes a written
9 determination prior to entering into such a contract
10 that contingency fee representation is both cost
11 effective and in the public interest; requiring that
12 such written determination include certain findings;
13 requiring that the Attorney General, upon making his
14 or her written determination, request proposals from
15 private attorneys to represent the department on a
16 contingency fee basis unless the Attorney General
17 determines in writing that requesting such proposals
18 is not feasible under the circumstances; providing
19 that the written determination does not constitute a
20 final agency action subject to review pursuant to
21 state law; providing that the request for proposals
22 and contract award are not subject to challenge under
23 the Administrative Procedure Act; requiring that a
24 private attorney maintain detailed contemporaneous
25 time records with regard to work performed on the
26 matter by any attorneys or paralegals assigned to the
27 matter in specified increments; requiring that a
28 private attorney provide such record to the department
29 upon request; limiting the amount of a contingency fee
30 that may be paid to a private attorney pursuant to a
31 contract with the department; requiring that copies of
32 any executed contingency fee contract and the Attorney
33 General's written determination to enter into such
34 contract be posted on the department's website within
35 a specified period after the date on which the
36 contract is executed; requiring that such information
37 remain posted on the website for a specified duration;
38 requiring that any payment of contingency fees be
39 posted on the department's website within a specified
40 period after the date on which payment of such
41 contingency fees is made to the private attorney;
42 requiring that such information remain posted on the
43 website for a specified duration; providing an
44 effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Section 16.0155, Florida Statutes, is created to
49 read:
50 16.0155 Contingency fee agreements.—
51 (1) For the purpose of this section, the following
52 definitions shall apply:
53 (a) “Department” means the Department of Legal Affairs.
54 (b) “Private attorney” means any private attorney or law
55 firm.
56 (2) The department shall not enter into a contingency fee
57 contract with a private attorney unless the Attorney General
58 makes a written determination prior to entering into such a
59 contract that contingency fee representation is both cost
60 effective and in the public interest. Any written determination
61 shall include specific findings for each of the following
62 factors:
63 (a) Whether there exist sufficient and appropriate legal
64 and financial resources within the department to handle the
65 matter.
66 (b) The time and labor required; the novelty, complexity,
67 and difficulty of the questions involved; and the skill
68 requisite to perform the attorney services properly.
69 (c) The geographic area where the attorney services are to
70 be provided.
71 (d) The amount of experience desired for the particular
72 kind of attorney services to be provided and the nature of the
73 private attorney's experience with similar issues or cases.
74 (3) When the Attorney General makes the determination
75 described in subsection (2), then, notwithstanding the exemption
76 provided in s. 287.057(5)(f), the Attorney General shall request
77 proposals from private attorneys to represent the department on
78 a contingency fee basis, unless the Attorney General determines
79 in writing that requesting proposals is not feasible under the
80 circumstances. The written determination does not constitute a
81 final agency action subject to review pursuant to ss. 120.569
82 and 120.57. For purposes of this subsection only, the department
83 is exempt from the requirements of s. 120.57(3), and neither the
84 request for proposals nor the contract award shall be subject to
85 challenge pursuant to ss. 120.569 and 120.57.
86 (4) In addition to the requirements set forth in s.
87 287.059(16), any private attorney shall maintain detailed
88 contemporaneous time records for the attorneys and paralegals
89 working on the matter in increments of no greater than 1/10 of
90 an hour and shall promptly provide these records to the
91 department, upon request.
92 (5) Notwithstanding s. 287.059(7)(a), no contingency fee
93 contract entered into by the department shall provide for the
94 private attorney to receive an aggregate contingency fee in
95 excess of:
96 (a) Twenty-five percent of any recovery of up to $10
97 million; plus
98 (b) Twenty percent of any portion of such recovery between
99 $10 million and $15 million; plus
100 (c) Fifteen percent of any portion of such recovery between
101 $15 million and $20 million; plus
102 (d) Ten percent of any portion of such recovery between $20
103 million and $25 million; plus
104 (e) Five percent of any portion of such recovery exceeding
105 $25 million.
106 In no event shall the aggregate contingency fee exceed $50
107 million, exclusive of reasonable costs and expenses, and
108 irrespective of the number of lawsuits filed or the number of
109 private attorneys retained to achieve the recovery.
110 (6) Copies of any executed contingency fee contract and the
111 Attorney General's written determination to enter into a
112 contingency fee contract with the private attorney shall be
113 posted on the department's website for public inspection within
114 5 business days after the date the contract is executed and
115 shall remain posted on the website for the duration of the
116 contingency fee contract, including any extensions or amendments
117 thereto. Any payment of contingency fees shall be posted on the
118 department's website within 15 days after the payment of such
119 contingency fees to the private attorney and shall remain posted
120 on the website for at least 180 days thereafter.
121 Section 2. This act shall take effect July 1, 2009.