“Pay-to-play politics is one of the worst forms of public corruption in Florida, and this bill will insulate the Attorney General’s Office from undue or inappropriate influence,” McCollum said. “I am pleased that Representative Eisnaugle has worked hard to pass this bill to promote transparency, and I look forward to being able to protect the public’s interest by maximizing recoveries to our citizens in the event of a contingency fee-based lawsuit.”

The bill, sponsored by Senator John Thrasher and Representative Eric Eisnaugle, requires common-sense provisions such as posting contracts and payments online, keeping detailed time records for private attorneys’ hours, and competitively selecting private attorneys. This January, as one of three statewide officials who oversee what is one of the nation’s largest public pension system, Attorney General McCollum also proposed a similar framework for master agreements with a group of law firms selected to represent the State Board of Administration (SBA) in potential securities litigation. His proposal received favorable votes from the Governor and the CFO, ensuring that going forward, there will be a $50 million cap on contingency fees paid to outside counsel and that these contracts will be subject to public scrutiny.

To further protect the public’s interest, and potential recoveries in a significant lawsuit, the Transparency in Private Attorney Contracting Act imposes sensible limitations on the contingency fee percentages to be applied to the damages award, and limits the maximum payout to $50 million in contingency fees, excluding costs. The bill will also require the Attorney General, prior to entering a contingency fee contract with a private attorney, to make a written determination that the representation is both cost-effective and in the public’s best interest. The private legal services engaged on a contingency basis must also be competitively
procured, whenever possible.

The Attorney General’s Office has already implemented the bill’s provisions as a policy, and passage of the legislation will codify the policy, establishing best practices both now and in the future. The legislation passed the House of Representatives with bipartisan support by a 71-40 vote.

The bill (HB 1517) would change the Florida Supreme Court’s speedy trial rule by creating a tiered system that would outline what qualifies as a speedy trial for different crimes. Currently, defendants facing criminal charges are guaranteed a trial in 175 days.

“When we’re treating [theft] the same as we’re treating murder and rape, that’s not right,” said Rep. Eric Eisnaugle (R-Orlando).

Eisnaugle’s bill would extend the time of a speedy trial in capital cases, including murder, from 175 days to 365 days. Other offenses would fall into a tier. Defendants would be guaranteed a trial within 90 days for a misdemeanor, 180 days for a first, second or third degree felony and 275 days for a first degree felony punishable by life in prison.

Eisnaugle said the bill stemmed from several cases in Orange County where murder cases were dismissed because of speedy trial violations. In 2005, Pedro Lebron was arrested for allegedly killing Darlene Boykin, but the case was ultimately thrown out because he wasn’t formally brought to trial within 175 days.

And in 1992, John Austin Landry was convicted of murder, but the Supreme Court overturned the sentence because he had not been tried within 175 days.

Eisnaugle said the current law was intended to protect the rights of defendants, but has had unintended consequences.

“It’s a one-size-fits-all and it doesn’t recognize that some crimes are much more heinous than others,” he said.

The bill was filed Monday and has not yet been assigned to any committees. It also does not yet have a Senate companion. Eisnaugle said he is still meeting with different legal interest groups to hear if they have any problems or suggestions for the legislation.

House Speaker Larry Cretul, R-Ocala, said the complex package would take years to accomplish but added that his two designated successors are committed to a continuing program of efficiency and cost-cutting.

“We’re looking for economy, efficiency and effectiveness in state programs,” Cretul said.

Rep. Denise Grimsley, R-Sebring, in charge of streamlining the Department of Health, said the agency has become “somewhat of a dumping ground” for the Legislature over the past 15 years. She said its budget grew from $1.4 billion in 1996 to $2.9 billion and its staff rose from 2,600 authorized positions to 17,000.

House Democrats hooted at Cretul’s claim that the GOP leadership would meet tough budget times with greater efficiency in government. House Minority Leader Franklin Sands, D-Weston, issued a statement noting that Republicans have held the governor’s office and both legislative chambers since 1998.

“I am thrilled that Florida Republican leaders are recognizing what Floridians have seen for a long time,” said Sands. “Republicans have done such a lousy job of running state government that even they admit it’s time ‘to do government business a new way’ for the good of our state.”

The GOP plan would include elimination of collective bargaining rights for most state employees, except those in law enforcement and public health, and would move the Department of Management Services under the Cabinet’s control. Cretul said DMS, now under the governor’s office, needs efficiencies in managing state real estate and overseeing Florida government’s personnel programs.

The GOP leaders also called for review of insurance plans, probably making all employees pay premiums. Two members have already introduced a bill requiring about 35,000 employees who get state-paid insurance to begin paying $50 a month for single coverage or $180 for family insurance.

Cretul, a NASCAR fan, introduced 14 GOP leaders he dubbed “our pit crew,” which will handle different bills dealing with agency organization, budget and contract procedures, repealing obsolete laws and rules that stand in the way of efficiency, modernizing the employee health-insurance plan, giving agencies “flexibility in managing salaries” and eliminating union bargaining for all but public safety and public-health workers.

A key part of the plan would merge the Office of Program Policy and Government Accountability with the Auditor General’s Office. Rep. Eric Eisnaugle, R-Orlando, in charge of that merger, said the leadership wants more performance audits — OPPAGA’s specialty — rather than separate performance and financial checkups.

“I think the idea is to create a supercharged OPPAGA,” he said.

“This is a breath tax,” said Eisnaugle. “If you’re breathing, you’re paying. You may not want the product, you may not need the product, but the only opt out is leaving the country and it’s a violation of individual rights.”

Legal scholars question the constitutionality of federally-mandated healthcare while budget analysts worry that millions in additional Medicaid costs would bankrupt the state. According to a recent Pew Center of the States report, Medicaid already costs states $335 billion or 21 percent of all state expenditures.

“A federal health insurance mandate not only violates our basic concepts of personal freedom but it could hamstring Florida to unsustainable spending,” said Eisnaugle. “Floridians are outraged that Washington would even consider using our state to hide the crushing cost of their programs through unfunded mandate.”

State legislatures and attorneys general in 14 other states have already voiced support for resolutions similar to Eisnaugle’s. Recent proposals in Congress have scaled back the original Medicaid price tag for states, but the question of individual mandates still looms.

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Private lawyers hired by the state of Florida would see their fees capped at $50 million under legislation approved by a House committee on Tuesday.

The bill (HB 437) is the top legislative priority of Attorney General Bill McCollum, who lobbied for the bill Tuesday in the House Criminal and Civil Justice Policy Council, which approved the measure 9-6.

McCollum said that his office has often been able to handle all of the state’s legal work in house, but noted that there was no guarantee that would be the case in the future. The fee cap would ensure the state was never caught in a pay-to-play situation.

“This bill is a transparency bill, it’s an accountability bill,” he said.

The legislation, sponsored by Rep. Eric Eisnaugle, would cap the amount the state could pay out at $50 million and also set out bidding and disclosure requirements for private attorneys. It would also prohibit the Department of Legal Affairs from entering into a contract with outside counsel unless the attorney general first makes a written determination that using a private lawyer is in the best interest of the state.

“Fifty million is an immense amount of money,” Eisnaugle (R-Orlando) told lawmakers.

But critics of the legislation argued that the cap would set a dangerous precedent and limit future attorneys general from hiring lawyers capable of aggressively taking on large cases that would likely require more work, such as the tobacco lawsuit engineered by the Lawton Chiles administration in 1997.

“Why would this Legislature bind future attorneys general to do something that would restrict the choices of the citizens of the state of Florida when they need those choices?” asked Bob Harris, representing the trial lawyer section of the Florida Bar.

With passage in the committee, the House bill is ready for a vote by the full House. A Senate companion bill (SB 712) has also passed its initial committee tests and is now at its final stop before the full Senate, the Ways and Means Committee.

“Getting Florida’s economy back on track is my number one priority, and local small businesses play an important role in providing jobs for Central Floridians,” said Eisnaugle, who serves as the Vice-Chair of the House Economic Development Policy Committee.  “If we want more jobs in Florida, we must develop better strategies for growing small business.”

The Small Business Administration says that while small businesses employ half of all private sector employees, they also spend 45% more per employee on regulatory compliance.

“It’s troubling to think that some employers may have to shut their doors due to unfair regulations which drive up costs,” said Eisnaugle. “Florida needs to foster a friendly environment for small businesses and job creation.”

Eisnaugle invited representatives from Governor Crist’s office along with other small business resources shortly after he began planning the Summit in August. He has also recruited twelve area chambers of commerce to help facilitate participation by local businesses.

The Central Florida Small Business Summit is free and open to the public.  Seating, however, is limited and anyone wishing to attend is encouraged to RSVP.

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“I am excited to have a leadership role in getting Florida’s economy moving again,” said Eisnaugle. “We must work to diversify Florida’s economy by bringing high paying jobs to our state and maintaining a business friendly environment that will encourage job growth,” Eisnaugle added.

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