Senate Bill sb1474c1

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    Florida Senate - 2002                           CS for SB 1474

    By the Committee on Judiciary; and Senator Sanderson





    308-2331-02

  1                      A bill to be entitled

  2         An act relating to attorney's fees; amending s.

  3         287.059, F.S.; providing specific limitations

  4         on the payment, negotiation, or collection of

  5         attorney's fees by private counsel for work

  6         performed on behalf of the state or any agency

  7         thereof; prohibiting a contract or settlement

  8         agreement that authorizes or permits payment,

  9         negotiation, or collection by private counsel

10         in excess of a specified amount for work

11         performed in a single case on behalf of the

12         state or an agency thereof; authorizing the

13         Governor, a Cabinet member, or the Attorney

14         General to approve a higher maximum fee under

15         certain circumstances; requiring that a higher

16         maximum fee is subject to certain requirements

17         for notice, review, and objection; providing an

18         effective date.

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20  Be It Enacted by the Legislature of the State of Florida:

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22         Section 1.  Present subsections (7) through (16) of

23  section 287.059, Florida Statutes, are redesignated as

24  subsections (9) through (18), respectively, and new

25  subsections (7) and (8) are added to that section, to read:

26         287.059  Private attorney services.--

27         (7)  A contract, court order, or settlement agreement

28  may not authorize or permit the payment, negotiation, or

29  collection by private counsel of any attorney's fees for work

30  performed on behalf of the state or any agency thereof in

31  

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    Florida Senate - 2002                           CS for SB 1474
    308-2331-02




  1  excess of the limitations provided in this section. Fees may

  2  not exceed the lesser of:

  3         (a)  A commercially reasonable amount;

  4         (b)  An amount calculated in accordance with the

  5  lodestar process approved by the Florida Supreme Court, which

  6  attorney's fees shall be set by determining the number of

  7  hours reasonably expended on the matter and the reasonable

  8  hourly rate for the services provided by the private attorney

  9  or, under a contingency fee contract, the lodestar figure

10  calculated may include a contingency risk multiplier not

11  greater than three; or

12         (c)  Except under a contingency fee contract, $1,000

13  per hour actually expended on the matter by licensed

14  attorneys, plus reasonable expenses actually incurred for

15  costs or services other than those of licensed attorneys.

16         (8)  A contract or settlement agreement may not

17  authorize or permit payment, negotiation, or collection by

18  private counsel of any attorney's fees for work performed on

19  behalf of the state or any agency thereof and paid for by the

20  state out of the General Revenue Fund or a trust fund in a

21  single case or legal matter in excess of $1 million, excluding

22  reimbursement for expenses, but including legal services

23  provided by subcontractors, unless a specified higher maximum

24  is approved for the particular case by the Governor for an

25  office or agency under the direction of the Governor or

26  approved by the Cabinet member for a department under the

27  direction of a designated Cabinet member. Specific approval

28  for a higher maximum fee for an agency or a department under

29  the direction of the Governor and Cabinet must be approved by

30  the Attorney General. Each approval of a higher maximum fee

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    Florida Senate - 2002                           CS for SB 1474
    308-2331-02




  1  pursuant to this subsection is subject to the procedures for

  2  notice, review, and objection provided in s. 216.177.

  3         Section 2.  This act shall take effect July 1, 2002.

  4  

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                         Senate Bill 1474

  7                                 

  8  Revises the bill to limit the $1 million statutory cap on
    attorney's fees to those cases in which representation by
  9  private counsel is performed on behalf of the state or agency
    thereof and paid out of the General Revenue or Trust Fund.
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