Bill Text: FL S0712 | 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: 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-Introduced.html

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Florida Senate - 2010                                     SB 712 
 
By Senator Thrasher 
8-00732-10                                             2010712__ 
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; providing an 
44         effective date. 
45 
46  Be It Enacted by the Legislature of the State of Florida: 
47 
48         Section 1. Section 16.0155, Florida Statutes, is created to 
49  read: 
50         16.0155 Contingency fee agreements.— 
51         (1) As used in this section, the term: 
52         (a) “Department” means the Department of Legal Affairs. 
53         (b) “Private attorney” means any private attorney or law 
54  firm. 
55         (2) The department may not enter into a contingency fee 
56  contract with a private attorney unless the Attorney General 
57  makes a written determination prior to entering into such a 
58  contract that contingency fee representation is both cost 
59  effective and in the public interest. Any written determination 
60  shall include specific findings for each of the following 
61  factors: 
62         (a) Whether there exist sufficient and appropriate legal 
63  and financial resources within the department to handle the 
64  matter. 
65         (b) The time and labor required; the novelty, complexity, 
66  and difficulty of the questions involved; and the skill 
67  requisite to perform the attorney services properly. 
68         (c) The geographic area where the attorney services are to 
69  be provided. 
70         (d) The amount of experience desired for the particular 
71  kind of attorney services to be provided and the nature of the 
72  private attorney’s experience with similar issues or cases. 
73         (3) If the Attorney General makes the determination 
74  described in subsection (2), notwithstanding the exemption 
75  provided in s. 287.057(5)(f) the Attorney General shall request 
76  proposals from private attorneys to represent the department on 
77  a contingency-fee basis, unless the Attorney General determines 
78  in writing that requesting proposals is not feasible under the 
79  circumstances. The written determination does not constitute a 
80  final agency action subject to review pursuant to ss. 120.569 
81  and 120.57. For purposes of this subsection only, the department 
82  is exempt from the requirements of s. 120.57(3), and neither the 
83  request for proposals nor the contract award are subject to 
84  challenge pursuant to ss. 120.569 and 120.57. 
85         (4) In addition to the requirements set forth in s. 
86  287.059(16), any private attorney shall maintain detailed 
87  contemporaneous time records for the attorneys and paralegals 
88  working on the matter in increments of no greater than 1/10 of 
89  an hour and shall promptly provide these records to the 
90  department, upon request. 
91         (5) Notwithstanding s. 287.059(7)(a), the department may 
92  not enter into a contingency fee contract that provides for the 
93  private attorney to receive an aggregate contingency fee in 
94  excess of: 
95         (a) Twenty-five percent of any recovery of up to $10 
96  million; plus 
97         (b) Twenty percent of any portion of such recovery between 
98  $10 million and $15 million; plus 
99         (c) Fifteen percent of any portion of such recovery between 
100  $15 million and $20 million; plus 
101         (d) Ten percent of any portion of such recovery between $20 
102  million and $25 million; plus 
103         (e) Five percent of any portion of such recovery exceeding 
104  $25 million. 
105 
106  In no event shall the aggregate contingency fee exceed $50 
107  million, exclusive of reasonable costs and expenses, and 
108  irrespective of the number of lawsuits filed or the number of 
109  private attorneys retained to achieve the recovery. 
110         (6) Copies of any executed contingency fee contract and the 
111  Attorney General’s written determination to enter into a 
112  contingency fee contract with the private attorney shall be 
113  posted on the department’s website for public inspection within 
114  5 business days after the date the contract is executed and 
115  shall remain posted on the website for the duration of the 
116  contingency fee contract, including any extensions or amendments 
117  thereto. Any payment of contingency fees shall be posted on the 
118  department’s website within 15 days after the payment of such 
119  contingency fees to the private attorney and shall remain posted 
120  on the website for at least 180 days thereafter. 
121         Section 2. This act shall take effect July 1, 2010.