Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1370
       
       
       
       
       
       
                                Barcode 944760                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  03/25/2009           .                                
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       The Committee on Judiciary (Gelber) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete lines 92 - 110
    5  and insert:
    6         (5)(a) Notwithstanding s. 287.059(7)(a), a contingency fee
    7  contract entered into by the department may not provide for the
    8  private attorney to receive an aggregate contingency fee in
    9  excess of:
   10         1. Twenty-five percent of any recovery of up to $10
   11  million; plus
   12         2. Twenty percent of any portion of such recovery between
   13  $10 million and $15 million; plus
   14         3. Fifteen percent of any portion of such recovery between
   15  $15 million and $20 million; plus
   16         4. Ten percent of any portion of such recovery between $20
   17  million and $25 million; plus
   18         5. Five percent of any portion of such recovery exceeding
   19  $25 million.
   20  
   21  The aggregate contingency fee may not exceed $50 million,
   22  exclusive of reasonable costs and expenses, and irrespective of
   23  the number of lawsuits filed or the number of private attorneys
   24  retained to achieve the recovery.
   25         (b) The limits on contingency fees in paragraph (a) do not
   26  apply if the Attorney General determines that the costs and
   27  expenses of a legal proceeding create an undue financial risk
   28  for the state and that the best interests of the state are for a
   29  private attorney to represent the state and bear the costs and
   30  expenses of the legal proceeding.
   31  
   32  ================= T I T L E  A M E N D M E N T ================
   33         And the title is amended as follows:
   34         Delete line 31
   35  and insert:
   36  contract with the department; creating an exception to the limit
   37  on contingency fees; requiring that copies of