Bill Text: FL S0712 | 2010 | Regular Session | Comm Sub
Bill Title: Contingency Fee Agreements/DLA & Private Attorneys [SPSC]
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2010-03-25 - Placed on Special Order Calendar; Read 2nd time -SJ 00339; Amendment(s) failed -SJ 00340; Substituted CS/HB 437 -SJ 00340; Laid on Table, companion bill(s) passed, see CS/HB 437 (Ch. 2010-7) -SJ 00340 [S0712 Detail]
Download: Florida-2010-S0712-Comm_Sub.html
Florida Senate - 2010 CS for SB 712 By the Committee on Judiciary; and Senators Thrasher and Gaetz 590-01395-10 2010712c1 1 A bill to be entitled 2 An act relating to contingency fee agreements between 3 the Department of Legal Affairs and private attorneys; 4 creating s. 16.0155, F.S.; providing definitions; 5 prohibiting the Department of Legal Affairs of the 6 Office of the Attorney General from entering into a 7 contingency fee contract with a private attorney 8 unless the Attorney General makes a written 9 determination prior to entering into such a contract 10 that contingency fee representation is both cost 11 effective and in the public interest; requiring that 12 such written determination include certain findings; 13 requiring that the Attorney General, upon making his 14 or her written determination, request proposals from 15 private attorneys to represent the department on a 16 contingency-fee basis unless the Attorney General 17 determines in writing that requesting such proposals 18 is not feasible under the circumstances; providing 19 that the written determination does not constitute a 20 final agency action that is subject to review; 21 providing that the request for proposals and contract 22 award are not subject to challenge under the 23 Administrative Procedure Act; requiring that a private 24 attorney maintain detailed contemporaneous time 25 records with regard to work performed on the matter by 26 any attorneys or paralegals assigned to the matter in 27 specified increments; requiring that a private 28 attorney provide such record to the department upon 29 request; limiting the amount of a contingency fee that 30 may be paid to a private attorney pursuant to a 31 contract with the department; requiring that copies of 32 any executed contingency fee contract and the Attorney 33 General’s written determination to enter into such 34 contract be posted on the department’s website within 35 a specified period after the date on which the 36 contract is executed; requiring that such information 37 remain posted on the website for a specified duration; 38 requiring that any payment of contingency fees be 39 posted on the department’s website within a specified 40 period after the date on which payment of such 41 contingency fees is made to the private attorney; 42 requiring that such information remain posted on the 43 website for a specified duration; requiring that the 44 Attorney General report to the Legislature on the use 45 of contingency fee contracts with private attorneys; 46 providing an effective date. 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50 Section 1. Section 16.0155, Florida Statutes, is created to 51 read: 52 16.0155 Contingency fee agreements.— 53 (1) As used in this section, the term: 54 (a) “Department” means the Department of Legal Affairs. 55 (b) “Private attorney” means any private attorney or law 56 firm. 57 (2) The department may not enter into a contingency fee 58 contract with a private attorney unless the Attorney General 59 makes a written determination prior to entering into such a 60 contract that contingency fee representation is both cost 61 effective and in the public interest. Any written determination 62 shall include specific findings for each of the following 63 factors: 64 (a) Whether there exist sufficient and appropriate legal 65 and financial resources within the department to handle the 66 matter. 67 (b) The time and labor required; the novelty, complexity, 68 and difficulty of the questions involved; and the skill 69 requisite to perform the attorney services properly. 70 (c) The geographic area where the attorney services are to 71 be provided. 72 (d) The amount of experience desired for the particular 73 kind of attorney services to be provided and the nature of the 74 private attorney’s experience with similar issues or cases. 75 (3) If the Attorney General makes the determination 76 described in subsection (2), notwithstanding the exemption 77 provided in s. 287.057(5)(f) the Attorney General shall request 78 proposals from private attorneys to represent the department on 79 a contingency-fee basis, unless the Attorney General determines 80 in writing that requesting proposals is not feasible under the 81 circumstances. The written determination does not constitute a 82 final agency action subject to review pursuant to ss. 120.569 83 and 120.57. For purposes of this subsection only, the department 84 is exempt from the requirements of s. 120.57(3), and neither the 85 request for proposals nor the contract award are subject to 86 challenge pursuant to ss. 120.569 and 120.57. 87 (4) In addition to the requirements set forth in s. 88 287.059(16), any private attorney shall maintain detailed 89 contemporaneous time records for the attorneys and paralegals 90 working on the matter in increments of no greater than 1/10 of 91 an hour and shall promptly provide these records to the 92 department, upon request. 93 (5) Notwithstanding s. 287.059(7)(a), the department may 94 not enter into a contingency fee contract that provides for the 95 private attorney to receive an aggregate contingency fee in 96 excess of: 97 (a) Twenty-five percent of any recovery of up to $10 98 million; plus 99 (b) Twenty percent of any portion of such recovery between 100 $10 million and $15 million; plus 101 (c) Fifteen percent of any portion of such recovery between 102 $15 million and $20 million; plus 103 (d) Ten percent of any portion of such recovery between $20 104 million and $25 million; plus 105 (e) Five percent of any portion of such recovery exceeding 106 $25 million. 107 108 In no event shall the aggregate contingency fee exceed $50 109 million, exclusive of reasonable costs and expenses, and 110 irrespective of the number of lawsuits filed or the number of 111 private attorneys retained to achieve the recovery. 112 (6) Copies of any executed contingency fee contract and the 113 Attorney General’s written determination to enter into a 114 contingency fee contract with the private attorney shall be 115 posted on the department’s website for public inspection within 116 5 business days after the date the contract is executed and 117 shall remain posted on the website for the duration of the 118 contingency fee contract, including any extensions or amendments 119 thereto. Any payment of contingency fees shall be posted on the 120 department’s website within 15 days after the payment of such 121 contingency fees to the private attorney and shall remain posted 122 on the website for at least 365 days thereafter. 123 (7) By February 1 of each year, the Attorney General shall 124 submit a report to the President of the Senate and the Speaker 125 of the House of Representatives describing the use of 126 contingency fee contracts with private attorneys in the 127 preceding calendar year. At a minimum, the report shall: 128 (a) Identify all new contingency fee contracts entered into 129 during the year and all previously executed contingency fee 130 contracts that remain current during any part of the year, and 131 for each contract describe: 132 1. The name of the private attorney, including the 133 attorney’s law firm name, with whom the department has 134 contracted; 135 2. The nature and status of the legal matter; 136 3. The name of the parties to the legal matter; 137 4. The amount of any recovery; and 138 5. The amount of any contingency fee paid. 139 (b) Include copies of any written determinations made under 140 subsection (2) during the year. 141 Section 2. This act shall take effect July 1, 2010.
