HB 1179 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1179-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to legal representation contracts; 2
amending s. 16.0155, F.S.; defining the term 3
"contingency fee"; creating s. 16.0156, F.S.; defining 4
terms; prohibiting the Department of Legal Affairs 5
from entering into certain contracts until the 6
Attorney General makes a specified written 7
determination; requiring that the determination 8
include certain findings; requiring the Attorney 9
General to request propos als from private attorneys 10
after making such determination; providing that the 11
written determination does not constitute a final 12
agency action that is subject to review; providing 13
that the request for proposals and the contract award 14
are not subject to cha llenge under the Administrative 15
Procedure Act; requiring contracted private attorneys 16
to maintain certain records and to provide those 17
records to the department at specified intervals; 18
requiring the department to post and maintain 19
specified information on its website; requiring the 20
Attorney General to submit an annual report to the 21
Legislature by a specified date; specifying 22
requirements for the report; providing an effective 23
date. 24
25
HB 1179 2025
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hb1179-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Present paragraphs (a) and (b) of subsection 28
(1) of section 16.0155, Florida Statutes, are redesignated as 29
paragraphs (b) and (c), respectively, and a new paragraph (a) is 30
added to that subsection, to read: 31
16.0155 Contingency fee agreements. — 32
(1) As used in this section, the term: 33
(a) "Contingency fee" means compensation that is dependent 34
or contingent in whole or in part upon the successful 35
prosecution or settlement of an action or a claim, and such 36
compensation includes an attorney fee that is authorized by 37
statute. 38
Section 2. Section 16.0156, Florida Statutes, is created 39
to read: 40
16.0156 Legal representation contracts. — 41
(1) As used in this section, the term: 42
(a) "Department" means the Department of Legal Affairs. 43
(b) "Legal representation contract" means any contract for 44
legal services, other than a contingency fee agreement, entered 45
into by the department with a private attorney. 46
(c) "Private attorney" includes a law firm. 47
(2) The department may not enter into a legal 48
representation contract until the Attorney General makes a 49
written determination that such representation is both cost -50
HB 1179 2025
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hb1179-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
effective and in the public interest. The determination must 51
include specific findings regarding each of the following 52
factors: 53
(a) Whether sufficient and appropriate legal and financial 54
resources are available within the department to support the 55
contract and whether requests for proposals for legal 56
representation are feasible given the specific circumstances of 57
the case. 58
(b) The time, labor, and legal skill level required of the 59
contracted attorney and the novelty, complexity, and difficulty 60
of the questions involved in the case. 61
(c) The geographic area where the attorney services are to 62
be provided. 63
(d) The amount of experience required for the particular 64
legal services to be provided and the nature of the contracted 65
attorney's experience with similar issues or cases. 66
(3) Notwithstanding the exemption provided in s. 67
287.057(3)(e)4., after the Attorney General makes a 68
determination under subsection (2), he or she shall request 69
proposals from private attorneys to represent the department. 70
The written determination does not constitute a final agency 71
action subject to review pursuant to s. 120.569 or s. 120.57. 72
For purposes of this subsectio n only, the department is exempt 73
from the requirements imposed by s. 120.57(3), and neither the 74
request for proposals nor the contract award is subject to 75
HB 1179 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
challenge pursuant to s. 120.569 or s. 120.57. 76
(4) In addition to the requirements set forth in s. 77
287.059(16), any contracted attorney shall maintain detailed 78
contemporaneous time records for the attorneys and paralegals 79
working on the matter in increments not exceeding 1/10 of an 80
hour and shall provide such records to the department biweekly. 81
(5) The department shall post and maintain the records on 82
the department's website for public inspection for the duration 83
of the representation. The department shall update monthly the 84
expenses posted on the website. 85
(6) Copies of any executed legal representa tion contract 86
and the written determination made under subsection (2) must be 87
posted on the department's website for public inspection within 88
5 business days after the date the contract is executed and must 89
remain posted on the website for the duration of the 90
representation contract, including any extensions or amendments 91
thereto. Any payment of fees to the contracted attorney made 92
pursuant to the contract must be posted on the department's 93
website within 15 days after such payment and must remain posted 94
on the website for at least 365 days thereafter. 95
(7) By February 1 of each year, the Attorney General shall 96
submit a report to the President of the Senate and the Speaker 97
of the House of Representatives describing the use of legal 98
representation contracts under this section in the preceding 99
calendar year. At a minimum, the report must do all of the 100
HB 1179 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
following: 101
(a) Identify all legal representation contracts entered 102
into under this section during that year and all such contracts 103
previously executed which re main current during any part of that 104
year. The report must identify all of the following for each 105
such contract: 106
1. The name of the private attorney with whom the 107
department has contracted, including the name of the attorney's 108
law firm. 109
2. The nature and status of the legal matter. 110
3. The names of the parties to the legal matter. 111
4. The amount of any recovery. 112
5. The amount of any fee paid. 113
(b) Include copies of any written determinations made 114
under subsection (2) during that year. 115
Section 3. This act shall take effect July 1, 2025. 116