Title: Legal Representation Contracts

Summary: Prohibits DLA from entering into certain contracts until Attorney General makes specified written determination; requires Attorney General to request proposals from private attorneys after making such determination; provides that written determination does not constitute final agency action that is subject to review; requires contracted private attorneys to maintain certain records & to provide those records to DLA; requires DLA to post & maintain specified information on its website; requires Attorney General to submit annual report to Legislature.

Full Text:
An act relating to legal representation contracts; amending s. 16.0155, F.S.; defining the term "contingency fee"; creating s. 16.0156, F.S.; defining terms; prohibiting the Department of Legal Affairs from entering into certain contracts until the Attorney General makes a specified written determination; requiring that the determination include certain findings; requiring the Attorney General to request propos als from private attorneys after making such determination; providing that the written determination does not constitute a final agency action that is subject to review; providing that the request for proposals and the contract award are not subject to cha llenge under the Administrative Procedure Act; requiring contracted private attorneys to maintain certain records and to provide those records to the department at specified intervals; requiring the department to post and maintain specified information on its website; requiring the Attorney General to submit an annual report to the Legislature by a specified date; specifying requirements for the report; providing an effective date. HB 1179 2025 Be It Enacted by the Legislature of the State of Florida: Section 1. Present paragraphs (a) and (b) of subsection (1) of section 16.0155, Florida Statutes, are redesignated as paragraphs (b) and (c), respectively, and a new paragraph (a) is added to that subsection, to read: 16.0155 Contingency fee agreements.-(1) As used in this section, the term: (a) "Contingency fee" means compensation that is dependent or contingent in whole or in part upon the successful prosecution or settlement of an action or a claim, and such compensation includes an attorney fee that is authorized by statute. Section 2. Section 16.0156, Florida Statutes, is created to read: 16.0156 Legal representation contracts.-(1) As used in this section, the term: (a) "Department" means the Department of Legal Affairs. (b) "Legal repre sentation contract" means any contract for legal services, other than a contingency fee agreement, entered into by the department with a private attorney. (c) "Private attorney" includes a law firm. (2) The department may not enter into a legal representation contract until the Attorney General makes a written determination that such representation is both cost HB 1179 2025 effective and in the public interest. The determination must include specific findings regarding each of the following factors: (a) Whether su fficient and appropriate legal and financial resources are available within the department to support the contract and whether requests for proposals for legal representation are feasible given the specific circumstances of the case. (b) The time, labor, and legal skill level required of the contracted attorney and the novelty, complexity, and difficulty of the questions involved in the case. (c) The geographic area where the attorney services are to be provided. (d) The amount of experience required for the particular legal services to be provided and the nature of the contracted attorney's experience with similar issues or cases. (3) Notwithstanding the exemption provided in s. 287.057(3)(e)4., after the Attorney General makes a determination under subsection (2), he or she shall request proposals from private attorneys to represent the department. The written determination does not constitute a final agency action subject to review pursuant to s. 120.569 or s. 120.57. For purposes of this subsectio nonly, the department is exempt from the requirements imposed by s. 120.57(3), and neither the request for proposals nor the contract award is subject to HB 1179 2025 challenge pursuant to s. 120.569 or s. 120.57. (4) In addition to the requirements set forth in s. 287.059(16), any contracted attorney shall maintain detailed contemporaneous time records for the attorneys and paralegals working on the matter in increments not exceeding 1/10 of an hour and shall provide such records to the department biweekly. (5) The department shall post and maintain the records on the department's website for public inspection for the duration of the representation. The department shall update monthly the expenses posted on the website. (6) Copies of any executed legal representa tion contract and the written determination made under subsection (2) must be posted on the department's website for public inspection within business days after the date the contract is executed and must remain posted on the website for the duration of the representation contract, including any extensions or amendments thereto. Any payment of fees to the contracted attorney made pursuant to the contract must be posted on the department's website within days after such payment and must remain posted on the website for at least days thereafter. (7) By February of each year, the Attorney General shall submit a report to the President of the Senate and the Speaker of the House of Representatives describing the use of legal representation contracts under this section in the preceding calendar year. At a minimum, the report must do all of the HB 1179 2025 following: (a) Identify all legal representation contracts entered into under this section during that year and all such contracts previously executed which re main current during any part of that year. The report must identify all of the following for each such contract: 1. The name of the private attorney with whom the department has contracted, including the name of the attorney's law firm. 2. The nature a nd status of the legal matter. 3. The names of the parties to the legal matter. 4. The amount of any recovery. 5. The amount of any fee paid. (b) Include copies of any written determinations made under subsection (2) during that year. Section 3. This act shall take effect July 1, 2025.