HB 1053 — Attorney General Designation of Matters of Great Governmental Concern

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 HBCS/HB 1053 2021 A bill to be entitled An act relating to Attorney General designation of matters of great governmental concern;

providing legislative findings and intent;

authorizingrequiring thea Attorneypolitical Generalsubdivision to declareserve thatwritten anotice matterto isthe aAttorney matterGeneral ofwhen greatcommencing governmentala concern;civil action;

providingauthorizing that the Attorney General hasto thedetermine solethat authorityan toaction fileinvolves certaina civilmatter proceedings;of great governmental concern;

authorizingrequiring the Attorney General to investigategive certain matters;notice of such determination;

authorizingproviding the Attorney General toa institutespecified ortimeframe intervene in certainwhich to file a civil proceedings;action based on a matter of great governmental concern;

authorizingrequiring thea Attorneypolitical Generalsubdivision to takenotify certainthe actionscourt inof certainsuch civildetermination proceedings;by the Attorney General within a specified timeframe;

providingstaying that a declarationcivil byaction thecommenced Attorneyby General that a matterpolitical issubdivision aunder matterspecified ofcircumstances; great governmental concern abates or stays certain civil proceedings;

providingrequiring forthe Attorney General to publish notice of the tollingoutcome of certaina statutescivil action based on a matter of limitations;great governmental concern within a specified timeframe;

requiring certainthat entitiesany tofunds providerecovered noticeby to the Attorney General;General in a civil action based on a matter of great governmental concern be deposited in the General Revenue Fund;

providingrequiring certaina settlementsstate andcourt resolutionsto aredismiss void;a civil action commenced by a political subdivision Page 1 of 5 CODING:

providing that certain declarations do not constitute final agency action subject to review;

providing that the Department of Legal Affairs is exempt from certain provisions for certain purposes;

authorizing a governmental entity or its attorneys to apply to a Page 1 of 6 CODING:

hb1053-00hb1053-01-c1 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 HBCS/HB 1053 2021 courtalleging fora recoverymatter of attorneygreat feesgovernmental andconcern costs;under specified circumstances;

requiringproviding arequirements courtfor to consider certain factorsnotices; in calculating the amount of attorney fees;

16.65 Matters of great governmental concern.— (1) LEGISLATIVEAs FINDINGSused ANDin INTENT.—this (a)section, Thethe Legislatureterm: finds that:

1.(a) "Matter of great governmental concern" means any conduct or harm that adversely affects the interests of citizens of at least five counties of this state.

There(b) have"Political beensubdivision" severalhas events that have led to extensive litigation by multiple governmental entities in the state arising from the same facts,meaning circumstances,as orin conducts. or similar causes of action.

This1.01(8). litigation has been difficult to resolve in a timely and expeditious manner because of the number and different types of governmental entities involved.

2.(2)(a) At the same time a political subdivision commences any civil action in state court, it must serve written notice of the commencement of such action to the Attorney General.

It(b) isWithin in180 thedays interestafter receipt of thewritten statenotice thatserved by a singlepolitical officialsubdivision representpursuant governmentalto entitiesparagraph in(a), civilor proceedingsat inany matterstime if the political subdivision fails to serve such notice, the Attorney General may determine that the action commenced by the political subdivision involves a matter of great governmental concernconcern, toin maximizewhich recoveriescase andthe minimizeAttorney costs.General must, within the same timeframe:

3.Page 2 of 5 CODING:

The Attorney General is the state's chief legal officer and is the official that should be responsible for the prosecution, management, and coordination of any civil Page 2 of 6 CODING:

hb1053-00hb1053-01-c1 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 HBCS/HB 1053 2021 proceedings1. brought by governmental entities in matters of great governmental concern.

4.Publish notice on his or her official website of the determination that the action involves a matter of great governmental concern;

The failure to have a single official responsible in matters of great governmental concern undermines fairness and efficiency2. and risks inconsistent or incongruent results, which will delay recovery and will undermine governmental entities' ability to respond to matters of great governmental concern.

(b)Serve Itwritten isnotice theby intentcertified mail of thesuch Legislaturedetermination toon establishthe apolitical proceduresubdivision forthat usecommenced by the Attorneyaction. General in addressing matters of great governmental concern.

ThisHowever, actif isthe notAttorney intendedGeneral tohas expandalready ormade changea existingdetermination lawof witha respectmatter toof great governmental concern when the powerpolitical andsubdivision authoritycommences ofan action involving the same matter, the Attorney General.General is not required to again publish or serve notice under this subsection.

(2)(3) DEFINITIONS.—AsWithin used1 inyear after the Attorney General publishes notice under subparagraph (2)(b)1., the Attorney General may file a civil action on behalf of the citizens of this section,state unlesson the contextsame otherwisematter requires,of great governmental concern identified in the term:notice.

(a)Within "Governmental1 entity"business meansday theafter statefiling andsuch anyaction, department,the agency,Attorney politicalGeneral subdivision,must unitpublish notice of government,the action and its filing date on his or schoolher districtofficial thereof.website.

(b)(4)(a) "MatterA ofpolitical greatsubdivision governmentalthat concern"commences meansa anycivil fact,action circumstance,in orstate conductcourt thatbased hason causeda substantialmatter economicdetermined lossto orbe othera harmmatter of agreat similargovernmental natureconcern tounder governmentalparagraph entities(2)(b) must notify the court in fivewhich orits moreown countiesaction inis thispending state.of the Attorney General's determination:

(3)1. AUTHORITY.— (a) The Attorney General may declare a matter to be a matter of great governmental concern.

UponWithin such15 declaration,days after the Attorney GeneralGeneral's hasservice theof sole authority to file a civil Page 3 of 65 CODING:

hb1053-00hb1053-01-c1 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 HBCS/HB 1053 2021 proceeding on behalf of the affecteddetermination governmentalunder entitiessubparagraph in(2)(b)2.; the state unless and until the Attorney General rescinds that declaration.

(b)or The2. Attorney General may investigate a matter before and after declaring that the matter is a matter of great governmental concern.

InUpon anyfiling investigationthe and civil proceedingaction commencedif pursuantat to this section, it is the dutytime of allfiling public officers and their deputies, assistants, clerks, subordinates, and employees to render and furnish to the Attorney General,General whenhad soalready requested,made assistancethe anddetermination. all information available in their official capacity.

(c)(b) TheA Attorneypolitical Generalsubdivision's mayfiling instituteof ora intervenenotice inunder anythis civilsubsection proceedingstays inthe statecivil oraction federalin court,which includingthe anynotice pendingis appeal,filed onunless behalfthe ofAttorney aGeneral governmentalhas entityfailed to seektimely anyfile reliefa affordedcivil ataction lawunder subsection (3) or inpublished equity,notice underon statehis or federalher law,official pertainingwebsite tothat ahe matteror ofshe greatwill governmentalnot concern.bring such an action.

(d)(c) TheA Attorneystay Generalimposed mayunder consolidate,this dismiss,subsection release,shall settle,remain orin takeplace actionfor thatthe heduration orof shea believescivil toaction befiled inby the publicAttorney interestGeneral inunder anysubsection civil(3) proceedingthat inis statebased oron federalthe courtsame pertainingmatter tothat ais matterthe subject of greatthe governmentalstayed concern.civil action.

(e)However, Athe declarationstay byshall lift if the Attorney General thatfails ato mattertimely isfile a mattercivil ofaction greatunder governmentalsubsection concern(3) shall operate to abate or staypublishes anynotice civilon proceedinghis in state or federalher courtofficial pertainingwebsite tothat thehe matteror ofshe greatwill governmentalnot concernbring filedsuch byan aaction. governmental entity unless and until the Attorney General takes Page 4 of 6 CODING: