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.