House Bill hb0535c1

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




    Florida House of Representatives - 2002              CS/HB 535

        By the Committee on State Administration and
    Representative Kallinger





  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; providing that no contract or

  8         settlement agreement shall authorize or permit

  9         payment, negotiation, or collection by a

10         private counsel firm of attorney's fees in

11         excess of a certain amount; requiring specific

12         approval by the Governor for a higher maximum

13         fee for his or her office or agencies;

14         requiring specific approval by each of the

15         respective Cabinet members for a higher maximum

16         fee for his or her department; requiring

17         specific approval by the Attorney General for a

18         higher maximum fee for a department under the

19         Governor and Cabinet; requiring approval for a

20         higher maximum fee to be subject to s. 216.177,

21         F.S.; providing an effective date.

22

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

24

25         Section 1.  Subsections (17) and (18) are added to

26  section 287.059, Florida Statutes, to read:

27         287.059  Private attorney services.--

28         (17)  No contract, court order, or settlement agreement

29  shall authorize or permit the payment, negotiation, or

30  collection by private counsel of any attorney's fee for work

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

                                  1

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






    Florida House of Representatives - 2002              CS/HB 535

    688-201-02






  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 fee shall be set by the determination of the number

  7  of hours reasonably expended on the matter and the reasonable

  8  hourly rate for the services provided by the private attorney;

  9  under a contingency fee contract, the lodestar figure

10  calculated may include a contingency risk multiplier not

11  greater than 3; or

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

13  per hour actually expended by each licensed attorney on the

14  matter plus reasonable expenses actually incurred for costs or

15  services other than those of licensed attorneys.

16         (18)  No contract or settlement agreement shall

17  authorize or permit payment, negotiation, or collection by a

18  private counsel firm of any attorney's fee for work performed

19  on behalf of the state or any agency thereof in a single case

20  or legal matter in excess of $1 million, excluding

21  reimbursement for expenses but including legal services

22  provided by subcontractors, unless a specified higher maximum

23  fee is approved for the particular case by the Governor for

24  his or her office or agencies, or by each of the respective

25  Cabinet members for his or her department.  Specific approval

26  for a higher maximum fee for a department under the Governor

27  and Cabinet shall require approval by the Attorney General.

28  Each approval of a higher maximum fee pursuant to this

29  subsection shall be subject to the notice, review, and

30  objection procedures in s. 216.177.

31

                                  2

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






    Florida House of Representatives - 2002              CS/HB 535

    688-201-02






  1         Section 2.  This act shall take effect upon becoming a

  2  law.

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

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