Florida Senate - 2021 CS for SB 102 By the Committee on Community Affairs; and Senator Burgess 578-03605-21 2021102c1 1 A bill to be entitled 2 An act relating to matters of great governmental 3 concern; creating s. 16.65, F.S.; providing 4 legislative findings; defining terms; authorizing the 5 Legislature to declare, by concurrent resolution, that 6 a circumstance or conduct that has caused substantial 7 economic loss or other similar harm to governmental 8 entities in at least a specified number of counties is 9 a matter of great governmental concern; providing that 10 the Attorney General has the sole authority to file 11 certain civil proceedings; authorizing the Attorney 12 General to investigate certain matters; authorizing 13 the Attorney General to institute or intervene in 14 certain civil proceedings; authorizing the Attorney 15 General to take certain actions in certain civil 16 proceedings; providing that any award, excluding 17 attorney fees, are subject to full appropriation by 18 the Legislature; prohibiting such award to be 19 appropriated, expended, or encumbered by the Attorney 20 General or any settlement agreement; providing that a 21 declaration by the Legislature that a matter is a 22 matter of great governmental concern abates or stays 23 certain civil proceedings; providing for the tolling 24 of certain statutes of limitations; requiring certain 25 entities to provide notice to the Attorney General; 26 providing that certain settlements and resolutions are 27 void; providing that the Department of Legal Affairs 28 is exempt from certain requirements related to 29 protests to contract solicitation or award; 30 authorizing a governmental entity or its attorneys to 31 apply to a court for recovery of attorney fees and 32 costs; requiring a court to consider certain factors 33 in calculating the amount of attorney fees; providing 34 an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Section 16.65, Florida Statutes, is created to 39 read: 40 16.65 Matters of great governmental concern.— 41 (1) LEGISLATIVE FINDINGS.—The Legislature finds that: 42 (a) Several events have led to extensive litigation by 43 multiple governmental entities in this state arising from the 44 same facts, circumstances, or conduct or similar causes of 45 action. This litigation has been difficult to resolve in a 46 timely and expeditious manner because of the number and 47 different types of governmental entities involved. 48 (b) It is in the interest of this state that a single 49 official represent governmental entities in civil proceedings in 50 matters of great governmental concern to maximize recoveries and 51 minimize costs. 52 (c) The Attorney General is the state’s chief legal officer 53 and is the official who should be responsible for the 54 prosecution, management, and coordination of any civil 55 proceedings brought by governmental entities in matters of great 56 governmental concern. 57 (d) The failure to have a single official responsible in 58 matters of great governmental concern undermines fairness and 59 efficiency and risks inconsistent or incongruent results, which 60 will delay recovery and undermine governmental entities’ ability 61 to respond to such matters of great governmental concern. 62 (2) DEFINITIONS.—As used in this section, unless the 63 context otherwise requires, the term: 64 (a) “Governmental entity” means the state and any 65 department, agency, political subdivision, unit of government, 66 or school district thereof. 67 (b) “Matter of great governmental concern” means any fact, 68 circumstance, or conduct that has caused substantial economic 69 loss or other harm of a similar nature to governmental entities 70 in 15 or more counties in this state. 71 (3) AUTHORITY.— 72 (a) The Legislature by concurrent resolution may declare a 73 matter to be a matter of great governmental concern. Upon such 74 declaration, the Attorney General has the sole authority to file 75 a civil proceeding on behalf of the affected governmental 76 entities in this state until the Legislature by concurrent 77 resolution invalidates, rescinds, or amends that declaration. 78 (b) The Attorney General may investigate a matter before 79 and after the Legislature declares that the matter is a matter 80 of great governmental concern. In any investigation and civil 81 proceeding commenced pursuant to this section, it is the duty of 82 all public officers and their deputies, assistants, clerks, 83 subordinates, and employees to render and furnish to the 84 Attorney General, when so requested, assistance and all 85 information available in their official capacity. 86 (c) The Attorney General may institute or intervene in any 87 civil proceeding in state or federal court, including any 88 pending appeal, on behalf of a governmental entity to seek any 89 relief afforded at law or in equity, under state or federal law, 90 pertaining to a matter of great governmental concern. 91 (d) The Attorney General may consolidate, dismiss, release, 92 settle, or take action that he or she believes to be in the 93 public interest in any civil proceeding in state or federal 94 court pertaining to a matter of great governmental concern, 95 provided that such action is not inconsistent with the terms or 96 provisions of the Legislature’s resolution declaring the matter 97 to be a matter of great governmental concern. 98 (e) Any award for damages or monetary payment arising from 99 a civil proceeding, compromise, or settlement of any claim or 100 litigation pertaining to a matter of great governmental concern, 101 excluding attorney fees described in subsection (4), is subject 102 to full appropriation by the Legislature and may not be 103 appropriated, expended, or encumbered by the Attorney General or 104 the terms or provisions of any settlement agreement. 105 (f) A declaration by the Legislature that a matter is a 106 matter of great governmental concern operates to abate or stay 107 any civil proceeding in state or federal court pertaining to the 108 matter of great governmental concern filed by a governmental 109 entity until the Attorney General takes an action in such 110 proceeding. 111 (g) Any statute of limitations under the laws of this state 112 affecting a claim by a governmental entity is tolled for the 113 pendency of a declaration that a matter is a matter of great 114 governmental concern or for 1 year, whichever is earlier. 115 (h) Upon learning of a declaration that a matter is a 116 matter of great governmental concern, all governmental entities 117 then a party to any affected civil proceeding shall provide 118 notice to the Attorney General of the existence of any such 119 civil proceeding, including the style of the action, the case 120 number, and the court where such proceeding is pending. Any 121 settlement or resolution of the civil proceeding by a 122 governmental entity taken after a declaration without the 123 consent of the Attorney General is void. 124 (i) For purposes of this subsection, the Department of 125 Legal Affairs is exempt from s. 120.57(3). 126 (4) ATTORNEY FEES.— 127 (a) If a governmental entity retains attorneys to represent 128 it before a matter is declared to be a matter of great 129 governmental concern, the governmental entity or its attorneys 130 may apply to the court where the civil proceeding is being 131 prosecuted by the Attorney General or, if no such proceeding 132 exists, in the circuit court in and for Leon County to receive 133 from any recovery its reasonable attorney fees and costs 134 incurred in connection with such representation. 135 (b) In calculating the amount of any reasonable attorney 136 fees, the court shall consider all of the following factors: 137 1. The time and labor required, the novelty and difficulty 138 of the question involved, and the skill requisite to perform the 139 legal service properly. 140 2. The likelihood, if apparent, that the acceptance of the 141 particular employment will preclude other employment by the 142 attorney. 143 3. The fee customarily charged in the locality for similar 144 legal services. 145 4. The amount involved and the results obtained. 146 5. The time limitation imposed by the governmental entity 147 or the circumstances. 148 6. The nature and length of the professional relationship 149 with the governmental entity. 150 7. The experience, reputation, and ability of the attorney 151 performing the legal services. 152 8. Whether the fee is fixed or contingent. 153 Section 2. This act shall take effect upon becoming a law.