FL H0437

Attorney General must make written determination prior to entering contingency fee contracts with private attorneys, finding that such representation is both cost-effective and in the public interest, with specific findings on departmental resources, case complexity, geography, and attorney experience.

Attorney General must request proposals from private attorneys on contingency-fee basis unless determining in writing that requesting proposals is not feasible; written determinations are exempt from Administrative Procedure Act review.

Private attorneys must maintain detailed contemporaneous time records in increments of no greater than 1/10 hour for all attorneys and paralegals assigned to the matter and provide records to the department upon request.

Contingency fee payments are capped at 25% of recovery up to $10 million, declining to 5% for recovery exceeding $25 million, with aggregate fees not to exceed $50 million regardless of number of lawsuits or attorneys retained.

Department must post executed contracts, Attorney General determinations, and contingency fee payments on its website within 5 business days of contract execution and 15 days of payment respectively; Attorney General must submit annual reports to Legislature by February 1 detailing all contingency fee contracts and recoveries.