(1) STATE PROPERTY; LEGAL PROTECTION OF. The governor, whenever in the governor’s opinion the rights, interests or property of the state have been or are liable to be injuriously affected, may require the attorney general to institute and prosecute any proper action or proceeding for the redress or prevention thereof; and whenever the governor receives notice of any action or proceeding between other parties by which the rights, interests or property of the state are liable to be injuriously affected, the governor shall inform the attorney general thereof and require the attorney general to take such steps as may be necessary to protect such rights, interests, or property. (2) EMPLOYMENT OF SPECIAL COUNSEL. (a) The governor, if in the governor’s opinion the public interest requires such action, may employ special counsel in the following cases: 1. To assist the attorney general in any action or proceeding; 2. To act instead of the attorney general in any action or proceeding, if the attorney general is in any way interested adversely to the state; 3. To defend any action instituted by the attorney general against any officer of the state; 4. To institute and prosecute an action or proceeding which the attorney general, by reason of the attorney general’s opinion as to the validity of any law, or for any other reason, deems it the duty of the attorney general to defend rather than prosecute. (b) When special counsel is employed, a contract in writing shall be entered into between the state and such counsel, in which shall be fixed the compensation to be paid such counsel by the state. If the compensation is being determined on a contingent fee basis, the contract is subject to s. 20.9305. The contract shall be executed in behalf of the state by the governor, and shall be filed in the office of the secretary of state. Such compensation shall be charged to the special counsel appropriation in s. 20.505 (1) (d). (c) Upon employment of special counsel, the governor shall certify the maximum amount provided in the employment con- tract to the secretary of administration, and direct the department to pay special counsel bills related to that case within the certified figure.
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