Florida 2025 Regular Session

Florida House Bill H1179 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1179 2025
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to legal representation contracts; 2
16	16	amending s. 16.0155, F.S.; defining the term 3
17	17	"contingency fee"; creating s. 16.0156, F.S.; defining 4
18	18	terms; prohibiting the Department of Legal Affairs 5
19	19	from entering into certain contracts until the 6
20	20	Attorney General makes a specified written 7
21	21	determination; requiring that the determination 8
22	22	include certain findings; requiring the Attorney 9
23	23	General to request propos als from private attorneys 10
24	24	after making such determination; providing that the 11
25	25	written determination does not constitute a final 12
26	26	agency action that is subject to review; providing 13
27	27	that the request for proposals and the contract award 14
28	28	are not subject to cha llenge under the Administrative 15
29	29	Procedure Act; requiring contracted private attorneys 16
30	30	to maintain certain records and to provide those 17
31	31	records to the department at specified intervals; 18
32	32	requiring the department to post and maintain 19
33	33	specified information on its website; requiring the 20
34	34	Attorney General to submit an annual report to the 21
35	35	Legislature by a specified date; specifying 22
36	36	requirements for the report; providing an effective 23
37	37	date. 24
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40	40	HB 1179 2025
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45	45	hb1179-00
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47	47	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
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51	51	Be It Enacted by the Legislature of the State of Florida: 26
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53	53	Section 1. Present paragraphs (a) and (b) of subsection 28
54	54	(1) of section 16.0155, Florida Statutes, are redesignated as 29
55	55	paragraphs (b) and (c), respectively, and a new paragraph (a) is 30
56	56	added to that subsection, to read: 31
57	57	16.0155 Contingency fee agreements. — 32
58	58	(1) As used in this section, the term: 33
59	59	(a) "Contingency fee" means compensation that is dependent 34
60	60	or contingent in whole or in part upon the successful 35
61	61	prosecution or settlement of an action or a claim, and such 36
62	62	compensation includes an attorney fee that is authorized by 37
63	63	statute. 38
64	64	Section 2. Section 16.0156, Florida Statutes, is created 39
65	65	to read: 40
66	66	16.0156 Legal representation contracts. — 41
67	67	(1) As used in this section, the term: 42
68	68	(a) "Department" means the Department of Legal Affairs. 43
69	69	(b) "Legal representation contract" means any contract for 44
70	70	legal services, other than a contingency fee agreement, entered 45
71	71	into by the department with a private attorney. 46
72	72	(c) "Private attorney" includes a law firm. 47
73	73	(2) The department may not enter into a legal 48
74	74	representation contract until the Attorney General makes a 49
75	75	written determination that such representation is both cost -50
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84	84	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
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88	88	effective and in the public interest. The determination must 51
89	89	include specific findings regarding each of the following 52
90	90	factors: 53
91	91	(a) Whether sufficient and appropriate legal and financial 54
92	92	resources are available within the department to support the 55
93	93	contract and whether requests for proposals for legal 56
94	94	representation are feasible given the specific circumstances of 57
95	95	the case. 58
96	96	(b) The time, labor, and legal skill level required of the 59
97	97	contracted attorney and the novelty, complexity, and difficulty 60
98	98	of the questions involved in the case. 61
99	99	(c) The geographic area where the attorney services are to 62
100	100	be provided. 63
101	101	(d) The amount of experience required for the particular 64
102	102	legal services to be provided and the nature of the contracted 65
103	103	attorney's experience with similar issues or cases. 66
104	104	(3) Notwithstanding the exemption provided in s. 67
105	105	287.057(3)(e)4., after the Attorney General makes a 68
106	106	determination under subsection (2), he or she shall request 69
107	107	proposals from private attorneys to represent the department. 70
108	108	The written determination does not constitute a final agency 71
109	109	action subject to review pursuant to s. 120.569 or s. 120.57. 72
110	110	For purposes of this subsectio n only, the department is exempt 73
111	111	from the requirements imposed by s. 120.57(3), and neither the 74
112	112	request for proposals nor the contract award is subject to 75
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121	121	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
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125	125	challenge pursuant to s. 120.569 or s. 120.57. 76
126	126	(4) In addition to the requirements set forth in s. 77
127	127	287.059(16), any contracted attorney shall maintain detailed 78
128	128	contemporaneous time records for the attorneys and paralegals 79
129	129	working on the matter in increments not exceeding 1/10 of an 80
130	130	hour and shall provide such records to the department biweekly. 81
131	131	(5) The department shall post and maintain the records on 82
132	132	the department's website for public inspection for the duration 83
133	133	of the representation. The department shall update monthly the 84
134	134	expenses posted on the website. 85
135	135	(6) Copies of any executed legal representa tion contract 86
136	136	and the written determination made under subsection (2) must be 87
137	137	posted on the department's website for public inspection within 88
138	138	5 business days after the date the contract is executed and must 89
139	139	remain posted on the website for the duration of the 90
140	140	representation contract, including any extensions or amendments 91
141	141	thereto. Any payment of fees to the contracted attorney made 92
142	142	pursuant to the contract must be posted on the department's 93
143	143	website within 15 days after such payment and must remain posted 94
144	144	on the website for at least 365 days thereafter. 95
145	145	(7) By February 1 of each year, the Attorney General shall 96
146	146	submit a report to the President of the Senate and the Speaker 97
147	147	of the House of Representatives describing the use of legal 98
148	148	representation contracts under this section in the preceding 99
149	149	calendar year. At a minimum, the report must do all of the 100
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158	158	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
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162	162	following: 101
163	163	(a) Identify all legal representation contracts entered 102
164	164	into under this section during that year and all such contracts 103
165	165	previously executed which re main current during any part of that 104
166	166	year. The report must identify all of the following for each 105
167	167	such contract: 106
168	168	1. The name of the private attorney with whom the 107
169	169	department has contracted, including the name of the attorney's 108
170	170	law firm. 109
171	171	2. The nature and status of the legal matter. 110
172	172	3. The names of the parties to the legal matter. 111
173	173	4. The amount of any recovery. 112
174	174	5. The amount of any fee paid. 113
175	175	(b) Include copies of any written determinations made 114
176	176	under subsection (2) during that year. 115
177	177	Section 3. This act shall take effect July 1, 2025. 116