The Florida Senate

602.075  Attorney's fees.--

(1)  This section shall apply to all claimants who have filed lawsuits prior to June 20, 1989, involving compensation for destruction of citrus nursery plants as a result of the Citrus Canker Eradication Program begun in 1984, except those in which there is a final order awarding attorney's fees and costs as of such date, from which no appeal has been taken.

(2)  In addition to the compensation due under s. 602.065(5), claimants are entitled to reimbursement for reasonable attorney's fees and costs for representation in lawsuits described in subsection (1).

(3)  The determination of an amount due for attorney's fees and costs shall be made by final order of an administrative law judge from the Division of Administrative Hearings.

(4)  In determining the amount due for attorney's fees and costs, the administrative law judge shall consider the following factors:

(a)  The attorney's time and labor reasonably required to adequately represent the client. The attorney shall submit to the Office of Citrus Canker Claims complete time records of all citrus canker lawsuits handled by that attorney, including a detailed statement of services performed, time spent performing such services, and costs incurred at least 30 days prior to the hearing.

(b)  The fee, or rate of fee, customarily charged in the locality for legal services of a comparable or similar nature.

(c)  The experience, reputation, diligence, and ability of the attorney performing the service and the skill, expertise, or efficiency of effort reflected in the actual providing of such service.

(d)  Whether the attorney's efforts were duplicative of work done by that attorney for another client who had a citrus canker lawsuit or claim pursuant to this section.

(e)  Whether the attorney's efforts were duplicative of work done by other attorneys in earlier citrus canker lawsuits or claims pursuant to this act.

History.--s. 7, ch. 89-91; s. 261, ch. 96-410.