Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 102
       
       
       
       
       
       
                                Ì260332qÎ260332                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2021           .                                
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       The Committee on Community Affairs (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 16.65, Florida Statutes, is created to
    6  read:
    7         16.65Matters of great governmental concern.—
    8         (1)LEGISLATIVE FINDINGS.—The Legislature finds that:
    9         (a)Several events have led to extensive litigation by
   10  multiple governmental entities in this state arising from the
   11  same facts, circumstances, or conduct or similar causes of
   12  action. This litigation has been difficult to resolve in a
   13  timely and expeditious manner because of the number and
   14  different types of governmental entities involved.
   15         (b)It is in the interest of this state that a single
   16  official represent governmental entities in civil proceedings in
   17  matters of great governmental concern to maximize recoveries and
   18  minimize costs.
   19         (c)The Attorney General is the state’s chief legal officer
   20  and is the official who should be responsible for the
   21  prosecution, management, and coordination of any civil
   22  proceedings brought by governmental entities in matters of great
   23  governmental concern.
   24         (d)The failure to have a single official responsible in
   25  matters of great governmental concern undermines fairness and
   26  efficiency and risks inconsistent or incongruent results, which
   27  will delay recovery and undermine governmental entities’ ability
   28  to respond to such matters of great governmental concern.
   29         (2)DEFINITIONS.—As used in this section, unless the
   30  context otherwise requires, the term:
   31         (a)“Governmental entity” means the state and any
   32  department, agency, political subdivision, unit of government,
   33  or school district thereof.
   34         (b)“Matter of great governmental concern” means any fact,
   35  circumstance, or conduct that has caused substantial economic
   36  loss or other harm of a similar nature to governmental entities
   37  in 15 or more counties in this state.
   38         (3)AUTHORITY.—
   39         (a)The Legislature by concurrent resolution may declare a
   40  matter to be a matter of great governmental concern. Upon such
   41  declaration, the Attorney General has the sole authority to file
   42  a civil proceeding on behalf of the affected governmental
   43  entities in this state until the Legislature by concurrent
   44  resolution invalidates, rescinds, or amends that declaration.
   45         (b)The Attorney General may investigate a matter before
   46  and after the Legislature declares that the matter is a matter
   47  of great governmental concern. In any investigation and civil
   48  proceeding commenced pursuant to this section, it is the duty of
   49  all public officers and their deputies, assistants, clerks,
   50  subordinates, and employees to render and furnish to the
   51  Attorney General, when so requested, assistance and all
   52  information available in their official capacity.
   53         (c)The Attorney General may institute or intervene in any
   54  civil proceeding in state or federal court, including any
   55  pending appeal, on behalf of a governmental entity to seek any
   56  relief afforded at law or in equity, under state or federal law,
   57  pertaining to a matter of great governmental concern.
   58         (d)The Attorney General may consolidate, dismiss, release,
   59  settle, or take action that he or she believes to be in the
   60  public interest in any civil proceeding in state or federal
   61  court pertaining to a matter of great governmental concern,
   62  provided that such action is not inconsistent with the terms or
   63  provisions of the Legislature’s resolution declaring the matter
   64  to be a matter of great governmental concern.
   65         (e)Any award for damages or monetary payment arising from
   66  a civil proceeding, compromise, or settlement of any claim or
   67  litigation pertaining to a matter of great governmental concern,
   68  excluding attorney fees described in subsection (4), is subject
   69  to full appropriation by the Legislature and may not be
   70  appropriated, expended, or encumbered by the Attorney General or
   71  the terms or provisions of any settlement agreement.
   72         (f)A declaration by the Legislature that a matter is a
   73  matter of great governmental concern operates to abate or stay
   74  any civil proceeding in state or federal court pertaining to the
   75  matter of great governmental concern filed by a governmental
   76  entity until the Attorney General takes an action in such
   77  proceeding.
   78         (g)Any statute of limitations under the laws of this state
   79  affecting a claim by a governmental entity is tolled for the
   80  pendency of a declaration that a matter is a matter of great
   81  governmental concern or for 1 year, whichever is earlier.
   82         (h)Upon learning of a declaration that a matter is a
   83  matter of great governmental concern, all governmental entities
   84  then a party to any affected civil proceeding shall provide
   85  notice to the Attorney General of the existence of any such
   86  civil proceeding, including the style of the action, the case
   87  number, and the court where such proceeding is pending. Any
   88  settlement or resolution of the civil proceeding by a
   89  governmental entity taken after a declaration without the
   90  consent of the Attorney General is void.
   91         (i)For purposes of this subsection, the Department of
   92  Legal Affairs is exempt from s. 120.57(3).
   93         (4)ATTORNEY FEES.—
   94         (a)If a governmental entity retains attorneys to represent
   95  it before a matter is declared to be a matter of great
   96  governmental concern, the governmental entity or its attorneys
   97  may apply to the court where the civil proceeding is being
   98  prosecuted by the Attorney General or, if no such proceeding
   99  exists, in the circuit court in and for Leon County to receive
  100  from any recovery its reasonable attorney fees and costs
  101  incurred in connection with such representation.
  102         (b)In calculating the amount of any reasonable attorney
  103  fees, the court shall consider all of the following factors:
  104         1.The time and labor required, the novelty and difficulty
  105  of the question involved, and the skill requisite to perform the
  106  legal service properly.
  107         2.The likelihood, if apparent, that the acceptance of the
  108  particular employment will preclude other employment by the
  109  attorney.
  110         3.The fee customarily charged in the locality for similar
  111  legal services.
  112         4.The amount involved and the results obtained.
  113         5.The time limitation imposed by the governmental entity
  114  or the circumstances.
  115         6.The nature and length of the professional relationship
  116  with the governmental entity.
  117         7.The experience, reputation, and ability of the attorney
  118  performing the legal services.
  119         8.Whether the fee is fixed or contingent.
  120         Section 2. This act shall take effect upon becoming a law.
  121  
  122  ================= T I T L E  A M E N D M E N T ================
  123  And the title is amended as follows:
  124         Delete everything before the enacting clause
  125  and insert:
  126                        A bill to be entitled                      
  127         An act relating to matters of great governmental
  128         concern; creating s. 16.65, F.S.; providing
  129         legislative findings; defining terms; authorizing the
  130         Legislature to declare, by concurrent resolution, that
  131         a circumstance or conduct that has caused substantial
  132         economic loss or other similar harm to governmental
  133         entities in at least a specified number of counties is
  134         a matter of great governmental concern; providing that
  135         the Attorney General has the sole authority to file
  136         certain civil proceedings; authorizing the Attorney
  137         General to investigate certain matters; authorizing
  138         the Attorney General to institute or intervene in
  139         certain civil proceedings; authorizing the Attorney
  140         General to take certain actions in certain civil
  141         proceedings; providing that any award, excluding
  142         attorney fees, are subject to full appropriation by
  143         the Legislature; prohibiting such award to be
  144         appropriated, expended, or encumbered by the Attorney
  145         General or any settlement agreement; providing that a
  146         declaration by the Legislature that a matter is a
  147         matter of great governmental concern abates or stays
  148         certain civil proceedings; providing for the tolling
  149         of certain statutes of limitations; requiring certain
  150         entities to provide notice to the Attorney General;
  151         providing that certain settlements and resolutions are
  152         void; providing that the Department of Legal Affairs
  153         is exempt from certain requirements related to
  154         protests to contract solicitation or award;
  155         authorizing a governmental entity or its attorneys to
  156         apply to a court for recovery of attorney fees and
  157         costs; requiring a court to consider certain factors
  158         in calculating the amount of attorney fees; providing
  159         an effective date.