Bill Text: FL H0437 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Contingency Fee Agreements/DLA & Private Attorneys [SPSC]

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Passed) 2010-04-14 - Approved by Governor -HJ 00723; Chapter No. 2010-7 [H0437 Detail]

Download: Florida-2010-H0437-Introduced.html

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HB 437

1	A bill to be entitled
2	An act relating to contingency fee agreements between the
3	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 Office
6	of the Attorney General from entering into a contingency
7	fee contract with a private attorney unless the Attorney
8	General makes a written determination prior to entering
9	into such a contract that contingency fee representation
10	is both cost-effective and in the public interest;
11	requiring that such written determination include certain
12	findings; requiring that the Attorney General, upon making
13	his or her written determination, request proposals from
14	private attorneys to represent the department on a
15	contingency-fee basis unless the Attorney General
16	determines in writing that requesting such proposals is
17	not feasible under the circumstances; providing that the
18	written determination does not constitute a final agency
19	action that is subject to review; providing that the
20	request for proposals and contract award are not subject
21	to challenge under the Administrative Procedure Act;
22	requiring that a private attorney maintain detailed
23	contemporaneous time records with regard to work performed
24	on the matter by any attorneys or paralegals assigned to
25	the matter in specified increments; requiring that a
26	private attorney provide such record to the department
27	upon request; limiting the amount of a contingency fee
28	that may be paid to a private attorney pursuant to a
29	contract with the department; requiring that copies of any
30	executed contingency fee contract and the Attorney
31	General's written determination to enter into such
32	contract be posted on the department's website within a
33	specified period after the date on which the contract is
34	executed; requiring that such information remain posted on
35	the website for a specified duration; requiring that any
36	payment of contingency fees be posted on the department's
37	website within a specified period after the date on which
38	payment of such contingency fees is made to the private
39	attorney; requiring that such information remain posted on
40	the website for a specified duration; providing an
41	effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1. Section 16.0155, Florida Statutes, is created
46	to read:
47	16.0155 Contingency fee agreements.-
48	(1) As used in this section, the term:
49	(a) "Department" means the Department of Legal Affairs.
50	(b) "Private attorney" means any private attorney or law
51	firm.
52	(2) The department may not enter into a contingency fee
53	contract with a private attorney unless the Attorney General
54	makes a written determination prior to entering into such a
55	contract that contingency fee representation is both cost-
56	effective and in the public interest. Any written determination
57	shall include specific findings for each of the following
58	factors:
59	(a) Whether there exist sufficient and appropriate legal
60	and financial resources within the department to handle the
61	matter.
62	(b) The time and labor required; the novelty, complexity,
63	and difficulty of the questions involved; and the skill
64	requisite to perform the attorney services properly.
65	(c) The geographic area where the attorney services are to
66	be provided.
67	(d) The amount of experience desired for the particular
68	kind of attorney services to be provided and the nature of the
69	private attorney's experience with similar issues or cases.
70	(3) If the Attorney General makes the determination
71	described in subsection (2), notwithstanding the exemption
72	provided in s. 287.057(5)(f) the Attorney General shall request
73	proposals from private attorneys to represent the department on
74	a contingency-fee basis, unless the Attorney General determines
75	in writing that requesting proposals is not feasible under the
76	circumstances. The written determination does not constitute a
77	final agency action subject to review pursuant to ss. 120.569
78	and 120.57. For purposes of this subsection only, the department
79	is exempt from the requirements of s. 120.57(3), and neither the
80	request for proposals nor the contract award are subject to
81	challenge pursuant to ss. 120.569 and 120.57.
82	(4) In addition to the requirements set forth in s.
83	287.059(16), any private attorney shall maintain detailed
84	contemporaneous time records for the attorneys and paralegals
85	working on the matter in increments of no greater than 1/10 of
86	an hour and shall promptly provide these records to the
87	department, upon request.
88	(5) Notwithstanding s. 287.059(7)(a), the department may
89	not enter into a contingency fee contract that provides for the
90	private attorney to receive an aggregate contingency fee in
91	excess of:
92	(a) Twenty-five percent of any recovery of up to $10
93	million; plus
94	(b) Twenty percent of any portion of such recovery between
95	$10 million and $15 million; plus
96	(c) Fifteen percent of any portion of such recovery
97	between $15 million and $20 million; plus
98	(d) Ten percent of any portion of such recovery between
99	$20 million and $25 million; plus
100	(e) Five percent of any portion of such recovery exceeding
101	$25 million.
102
103	In no event shall the aggregate contingency fee exceed $50
104	million, exclusive of reasonable costs and expenses, and
105	irrespective of the number of lawsuits filed or the number of
106	private attorneys retained to achieve the recovery.
107	(6) Copies of any executed contingency fee contract and
108	the Attorney General's written determination to enter into a
109	contingency fee contract with the private attorney shall be
110	posted on the department's website for public inspection within
111	5 business days after the date the contract is executed and
112	shall remain posted on the website for the duration of the
113	contingency fee contract, including any extensions or amendments
114	thereto. Any payment of contingency fees shall be posted on the
115	department's website within 15 days after the payment of such
116	contingency fees to the private attorney and shall remain posted
117	on the website for at least 180 days thereafter.
118	Section 2. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.