Florida Senate - 2021 SB 1874 By Senator Burgess 20-01043C-21 20211874__ 1 A bill to be entitled 2 An act relating to civil proceedings in matters 3 certified as matters of great governmental concern by 4 the Governor and Cabinet; creating s. 16.65, F.S.; 5 defining terms; authorizing the Attorney General to 6 request that the Governor and Cabinet certify certain 7 matters as matters of great governmental concern; 8 declaring that the Attorney General has sole authority 9 to file certain civil proceedings upon the Governor 10 and Cabinet making such certification; authorizing the 11 Attorney General to investigate a matter before and 12 after it is certified as a matter of great 13 governmental concern; requiring specified public 14 officers and employees to provide assistance and 15 information regarding the matter upon request of the 16 Attorney General; authorizing the Attorney General to 17 institute or intervene on behalf of governmental 18 entities in legal matters covered by the certification 19 in state or federal courts; authorizing the Attorney 20 General to consolidate, dismiss, release, settle, or 21 take any such action that he or she believes to be in 22 the public interest; providing for the abatement or a 23 stay of proceedings in pending matters affected by the 24 certification; providing for the tolling of any 25 applicable statute of limitations during the 26 certification, up to a specified maximum period of 27 time; requiring governmental entities to inform the 28 Attorney General of any pending proceedings covered by 29 the certification; providing that any settlement or 30 other resolution of such proceedings made after a 31 certification by the Governor and Cabinet is void if 32 such action is taken without the consent of the 33 Attorney General; providing for the award of 34 reasonable attorney fees to the legal counsel of a 35 governmental entity; providing factors that a court 36 may consider in calculating the amount of attorney 37 fees to be awarded; providing construction and 38 applicability; providing an effective date. 39 40 WHEREAS, there have been several events resulting in 41 extensive litigation by multiple governmental entities in this 42 state which arose from the same facts, circumstances, or 43 conduct, or from similar causes of action, and 44 WHEREAS, litigation being pursued simultaneously by 45 multiple governmental entities of varying types is extremely 46 difficult to resolve in a timely and expeditious fashion, and 47 WHEREAS, the Legislature finds that, in the interest of 48 maximizing recoveries and minimizing costs, it is in the best 49 interest of the State of Florida that a single official 50 represent all governmental entities that are party to a civil 51 proceeding involving matters certified to be of great 52 governmental concern, and 53 WHEREAS, the Attorney General is the state’s chief legal 54 officer, and, consistent with the common law powers of the 55 office, the Attorney General should be responsible for the 56 prosecution, management, and coordination of any civil 57 proceedings brought by governmental entities in such matters, 58 and 59 WHEREAS, clarifying and codifying certain common law powers 60 of the Attorney General will help to facilitate the prosecution 61 and resolution of civil proceedings in such matters, and 62 WHEREAS, the failure to have a single official responsible 63 in litigation involving such matters undermines fairness and 64 efficiency in the resolution of legal disputes, risks 65 inconsistent or incongruent results, delays recovery, and 66 undermines the ability of governmental entities to respond to 67 such matters, NOW, THEREFORE, 68 69 Be It Enacted by the Legislature of the State of Florida: 70 71 Section 1. Section 16.65, Florida Statutes, is created to 72 read: 73 16.65 Matters certified to be of great governmental 74 concern.— 75 (1) DEFINITIONS.—As used in this section, the term: 76 (a) “Governmental entity” means an agency or authority of 77 any county, municipality, or other political subdivision. 78 (b) “Matter of great governmental concern” means any fact, 79 circumstance, or conduct that has caused substantial economic 80 loss or other similar harm to governmental entities in five or 81 more counties in this state and has been certified as such by a 82 majority vote of the Governor and Cabinet. 83 (2) AUTHORITY.— 84 (a) The Attorney General may request that the Governor and 85 Cabinet certify a matter to be a matter of great governmental 86 concern. Upon such a certification, the Attorney General has the 87 sole authority to file a civil proceeding on behalf of the 88 affected governmental entities in this state unless the Governor 89 and Cabinet rescind the certification by a majority vote. 90 (b) Before and after the Governor and Cabinet certify any 91 matter to be a matter of great governmental concern, the 92 Attorney General may investigate any such matter. In any 93 investigation and in any civil proceeding commenced pursuant to 94 this section, all public officers and their deputies, 95 assistants, clerks, subordinates, or employees, in their 96 official capacity, shall render and furnish assistance and all 97 information available relating to the matter upon the request of 98 the Attorney General. 99 (c) The Attorney General may institute or intervene in 100 civil proceedings, including any nonfinal appeals, in state or 101 federal courts which involve matters of great governmental 102 concern to seek any relief afforded at law or in equity, under 103 state or federal law, on behalf of the affected governmental 104 entities. 105 (d) For any civil proceeding in state or federal court 106 involving a matter of great governmental concern, the Attorney 107 General may consolidate, dismiss, release, settle, or take any 108 such action that he or she believes to be in the public 109 interest. 110 (e) The certification of a matter as a matter of great 111 governmental concern abates or stays any civil proceeding in 112 state or federal court filed by a governmental entity until the 113 Attorney General takes action in such proceeding. 114 (f) Any statute of limitations imposed under the laws of 115 this state which affects a claim by a governmental entity is 116 tolled for the pendency of a certification, up to a maximum of 1 117 year. 118 (g) Upon learning of a certification, all governmental 119 entities that are a party to any affected civil proceeding must 120 provide notice to the Attorney General of the existence of any 121 such civil proceeding, including the style of the action, the 122 case number, and the court where such proceeding is pending. Any 123 settlement or other resolution of the civil proceeding by a 124 governmental entity which occurs after an applicable 125 certification is made by the Governor and Cabinet is void if 126 made without the consent of the Attorney General. 127 (3) ATTORNEY FEES.— 128 (a) If a governmental entity retains legal counsel for a 129 civil proceeding before the matter that is a subject of that 130 proceeding is certified as a matter of great governmental 131 concern, the governmental entity or its legal counsel may apply 132 to the court having jurisdiction where the civil proceeding is 133 being prosecuted by the Attorney General to obtain from any 134 recovery secured by the Attorney General reasonable attorney 135 fees and costs incurred in connection with such representation 136 up to the time the certification was made. 137 (b) In calculating the amount of any reasonable attorney 138 fees, the court may consider all of the following factors: 139 1. The time and labor required, the novelty and difficulty 140 of the question involved, and the skill requisite to perform the 141 legal services properly; 142 2. The likelihood that the acceptance of the particular 143 employment will preclude other employment by the attorney; 144 3. The fee customarily charged in the locality for similar 145 legal services; 146 4. The relief sought and the relief obtained; 147 5. The time limitations imposed by the client or by the 148 circumstances; 149 6. The nature and length of the professional relationship 150 with the client; 151 7. The experience, reputation, and ability of the lawyer or 152 lawyers performing the services; and 153 8. Whether the fee is fixed or contingent. 154 Section 2. This act is intended to codify and clarify some 155 of the common law authority of the Attorney General and to 156 create a process and procedure for exercising the Attorney 157 General’s authority. This act applies to cases pending on or 158 after the effective date of this act. 159 Section 3. This act shall take effect upon becoming a law.