Florida Senate - 2021 SB 1874 By Senator Burgess 20-01043C-21 20211874__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to civil proceedings in matters 2 certified as matters of great governmental concern by 3 the Governor and Cabinet; creating s. 16.65, F.S.; 4 defining terms; authorizing the Attorney General to 5 request that the Governor and Cabinet certify certain 6 matters as matters of great governmental concern; 7 declaring that the Attorney General has sole authority 8 to file certain civil proceedings upon the Governor 9 and Cabinet making such certification; authorizing the 10 Attorney General to investigate a matter before and 11 after it is certified as a matter of great 12 governmental concern; requiring specified public 13 officers and employees to provide assistance and 14 information regarding the matter upon request of the 15 Attorney General; authorizing the Attorney General to 16 institute or intervene on behalf of governmental 17 entities in legal matters covered by the certification 18 in state or federal courts; authorizing the Attorney 19 General to consolidate, dismiss, release, settle, or 20 take any such action that he or she believes to be in 21 the public interest; providing for the abatement or a 22 stay of proceedings in pending matters affected by the 23 certification; providing for the tolling of any 24 applicable statute of limitations during the 25 certification, up to a specified maximum period of 26 time; requiring governmental entities to inform the 27 Attorney General of any pending proceedings covered by 28 the certification; providing that any settlement or 29

Florida Senate - 2021 SB 1874 20-01043C-21 20211874__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. other resolution of such proceedings made after a 30 certification by the Governor and Cabinet is void if 31 such action is taken without the consent of the 32 Attorney General; providing for the award of 33 reasonable attorney fees to the legal counsel of a 34 governmental entity; providing factors that a court 35 may consider in calculating the amount of attorney 36 fees to be awarded; providing construction and 37 applicability; providing an effective date. 38 39 WHEREAS, there have been several events resulting in 40 extensive litigation by multiple governmental entities in this 41 state which arose from the same facts, circumstances, or 42 conduct, or from similar causes of action, and 43 WHEREAS, litigation being pursued simultaneously by 44 multiple governmental entities of varying types is extremely 45 difficult to resolve in a timely and expeditious fashion, and 46 WHEREAS, the Legislature finds that, in the interest of 47 maximizing recoveries and minimizing costs, it is in the best 48 interest of the State of Florida that a single official 49 represent all governmental entities that are party to a civil 50 proceeding involving matters certified to be of great 51 governmental concern, and 52 WHEREAS, the Attorney General is the state’s chief legal 53 officer, and, consistent with the common law powers of the 54 office, the Attorney General should be responsible for the 55 prosecution, management, and coordination of any civil 56 proceedings brought by governmental entities in such matters, 57 and 58

Florida Senate - 2021 SB 1874 20-01043C-21 20211874__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions.

WHEREAS, clarifying and codifying certain common law powers 59 of the Attorney General will help to facilitate the prosecution 60 and resolution of civil proceedings in such matters, and 61 WHEREAS, the failure to have a single official responsible 62 in litigation involving such matters undermines fairness and 63 efficiency in the resolution of legal disputes, risks 64 inconsistent or incongruent results, delays recovery, and 65 undermines the ability of governmental entities to respond to 66 such matters, NOW, THEREFORE, 67 68 Be It Enacted by the Legislature of the State of Florida: 69 70

Section

Section 16.65, Florida Statutes, is created to 71 read: 72 16.65 Matters certified to be of great governmental 73 concern.— 74

(1) DEFINITIONS.—As used in this section, the term: 75 (a) “Governmental entity” means an agency or authority of 76 any county, municipality, or other political subdivision. 77 (b) “Matter of great governmental concern” means any fact, 78 circumstance, or conduct that has caused substantial economic 79 loss or other similar harm to governmental entities in five or 80 more counties in this state and has been certified as such by a 81 majority vote of the Governor and Cabinet. 82

(2) AUTHORITY.— 83 (

a) The Attorney General may request that the Governor and 84 Cabinet certify a matter to be a matter of great governmental 85 concern. Upon such a certification, the Attorney General has the 86 sole authority to file a civil proceeding on behalf of the 87

Florida Senate - 2021 SB 1874 20-01043C-21 20211874__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. affected governmental entities in this state unless the Governor 88 and Cabinet rescind the certification by a majority vote. 89 (

b) Before and after the Governor and Cabinet certify any 90 matter to be a matter of great governmental concern, the 91 Attorney General may investigate any such matter. In any 92 investigation and in any civil proceeding commenced pursuant to 93 this section, all public officers and their deputies, 94 assistants, clerks, subordinates, or employees, in their 95 official capacity, shall render and furnish assistance and all 96 information available relating to the matter upon the request of 97 the Attorney General. 98 (

c) The Attorney General may institute or intervene in 99 civil proceedings, including any nonfinal appeals, in state or 100 federal courts which involve matters of great governmental 101 concern to seek any relief afforded at law or in equity, under 102 state or federal law, on behalf of the affected governmental 103 entities. 104 (

d) For any civil proceeding in state or federal court 105 involving a matter of great governmental concern, the Attorney 106 General may consolidate, dismiss, release, settle, or take any 107 such action that he or she believes to be in the public 108 interest. 109 (

e) The certification of a matter as a matter of great 110 governmental concern abates or stays any civil proceeding in 111 state or federal court filed by a governmental entity until the 112 Attorney General takes action in such proceeding. 113 (

f) Any statute of limitations imposed under the laws of 114 this state which affects a claim by a governmental entity is 115 tolled for the pendency of a certification, up to a maximum of 1 116

Florida Senate - 2021 SB 1874 20-01043C-21 20211874__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. year. 117 (

g) Upon learning of a certification, all governmental 118 entities that are a party to any affected civil proceeding must 119 provide notice to the Attorney General of the existence of any 120 such civil proceeding, including the style of the action, the 121 case number, and the court where such proceeding is pending. Any 122 settlement or other resolution of the civil proceeding by a 123 governmental entity which occurs after an applicable 124 certification is made by the Governor and Cabinet is void if 125 made without the consent of the Attorney General. 126

(3) ATTORNEY FEES.— 127 (

a) If a governmental entity retains legal counsel for a 128 civil proceeding before the matter that is a subject of that 129 proceeding is certified as a matter of great governmental 130 concern, the governmental entity or its legal counsel may apply 131 to the court having jurisdiction where the civil proceeding is 132 being prosecuted by the Attorney General to obtain from any 133 recovery secured by the Attorney General reasonable attorney 134 fees and costs incurred in connection with such representation 135 up to the time the certification was made. 136 (

b) In calculating the amount of any reasonable attorney 137 fees, the court may consider all of the following factors: 138 1. The time and labor required, the novelty and difficulty 139 of the question involved, and the skill requisite to perform the 140 legal services properly; 141 2. The likelihood that the acceptance of the particular 142 employment will preclude other employment by the attorney; 143 3. The fee customarily charged in the locality for similar 144 legal services; 145

Florida Senate - 2021 SB 1874 20-01043C-21 20211874__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. 4. The relief sought and the relief obtained; 146 5. The time limitations imposed by the client or by the 147 circumstances; 148 6. The nature and length of the professional relationship 149 with the client; 150 7. The experience, reputation, and ability of the lawyer or 151 lawyers performing the services; and 152 8. Whether the fee is fixed or contingent. 153

Section 2. This act is intended to codify and clarify some 154 of the common law authority of the Attorney General and to 155 create a process and procedure for exercising the Attorney 156 General’s authority. This act applies to cases pending on or 157 after the effective date of this act. 158

Section 3. This act shall take effect upon becoming a law. 159