Florida Senate - 2023 SB 1100 By Senator Polsky 30-00066-23 20231100__ 1 A bill to be entitled 2 An act relating to legal representation contracts; 3 creating s. 16.0156, F.S.; defining terms; prohibiting 4 the Department of Legal Affairs from entering into 5 certain contracts until the Attorney General makes a 6 specified written determination; requiring that the 7 determination include certain findings; requiring the 8 Attorney General to request proposals from private 9 attorneys after making such determination; providing 10 that the written determination does not constitute a 11 final agency action that is subject to review; 12 providing that the request for proposals and the 13 contract award are not subject to challenge under the 14 Administrative Procedure Act; requiring contracted 15 private attorneys to maintain certain records and to 16 provide records to the department at specified 17 intervals; requiring the department to post and 18 maintain specified information on its website; 19 requiring the department to submit an annual report to 20 the Legislature; providing requirements for the 21 report; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 16.0156, Florida Statutes, is created to 26 read: 27 16.0156 Legal representation contracts.— 28 (1) As used in this section, the term: 29 (a) “Department” means the Department of Legal Affairs. 30 (b) “Legal representation contract” means any contract for 31 legal services, other than a contingency fee agreement, entered 32 into by the department with a private attorney. 33 (c) “Private attorney” includes a law firm. 34 (2) The department may not enter into a legal 35 representation contract until the Attorney General makes a 36 written determination that such representation is both cost 37 effective and in the public interest. The determination must 38 include specific findings regarding each of the following 39 factors: 40 (a) Whether sufficient and appropriate legal and financial 41 resources are available within the department to support the 42 contract and whether requests for proposals for legal 43 representation are feasible given the specific circumstances of 44 the case. 45 (b) The time, labor, and legal skill level required of the 46 contracted attorney and the novelty, complexity, and difficulty 47 of the questions involved in the case. 48 (c) The geographic area where the attorney services are to 49 be provided. 50 (d) The amount of experience required for the particular 51 legal services to be provided and the nature of the contracted 52 attorney’s experience with similar issues or cases. 53 (3) Notwithstanding the exemption provided in s. 54 287.057(3)(e)4., after the Attorney General makes a 55 determination under subsection (2), he or she shall request 56 proposals from private attorneys to represent the department. 57 The written determination does not constitute a final agency 58 action subject to review pursuant to s. 120.569 or s. 120.57. 59 For purposes of this subsection only, the department is exempt 60 from the requirements imposed by s. 120.57(3), and neither the 61 request for proposals nor the contract award is subject to 62 challenge pursuant to s. 120.569 or s. 120.57. 63 (4) In addition to the requirements set forth in s. 64 287.059(16), any contracted attorney shall maintain detailed 65 contemporaneous time records for the attorneys and paralegals 66 working on the matter in increments not exceeding 1/10 of an 67 hour and shall provide such records to the department biweekly. 68 (5) The department shall post and maintain the records on 69 the department’s website for public inspection for the duration 70 of the representation. The department shall update the expenses 71 posted on the website monthly. 72 (6) Copies of any executed legal representation contract 73 and the written determination made under subsection (2) must be 74 posted on the department’s website for public inspection within 75 5 business days after the date the contract is executed for the 76 duration of the representation contract, including any 77 extensions or amendments thereto. Any payment of fees to the 78 contracted attorney made pursuant to the contract must be posted 79 on the department’s website within 15 days after payment and 80 must remain posted on the website for at least 365 days 81 thereafter. 82 (7) By February 1 of each year, the Attorney General shall 83 submit a report to the President of the Senate and the Speaker 84 of the House of Representatives describing the use of legal 85 representation contracts under this section in the preceding 86 calendar year. At a minimum, the report must: 87 (a) Identify all legal representation contracts entered 88 into under this section during that year and all such contracts 89 previously executed which remain current during any part of that 90 year. The report must identify all of the following for each 91 such contract: 92 1. The name of the private attorney with whom the 93 department has contracted, including the name of the attorney’s 94 law firm. 95 2. The nature and status of the legal matter. 96 3. The name of the parties to the legal matter. 97 4. The amount of any recovery. 98 5. The amount of any fee paid. 99 (b) Include copies of any written determinations made under 100 subsection (2) during that year. 101 Section 2. This act shall take effect July 1, 2023.