CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 4771
Amendment No. 4 (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5 ORIGINAL STAMP BELOW
6
7
8
9
10
11 Representative(s) Lynn offered the following:
12
13 Amendment
14 On page 3, between lines 18 and 19, of the bill
15
16 insert: Section 1. Section 61.16, Florida Statutes is
17 amended to read:
18 61.16 Attorney's fees, suit money, and costs.--
19 (1) The court may from time to time, after considering
20 the financial resources of both parties, order a party to pay
21 a reasonable amount for attorney's fees, suit money, and the
22 cost to the other party of maintaining or defending any
23 proceeding under this chapter, including enforcement and
24 modification proceedings and appeals. In those cases in which
25 an action is brought for enforcement and the court finds that
26 the noncompliant party is without justification in the refusal
27 to follow a court order, the court may not award attorney's
28 fees, suit money, and costs to the noncompliant party. An
29 application for attorney's fees, suit money, or costs, whether
30 temporary or otherwise, shall not require corroborating expert
31 testimony in order to support an award under this chapter. The
1
File original & 9 copies 04/23/98
hfl0002 12:55 pm 04771-0027-954407
HOUSE AMENDMENT
Bill No. HB 4771
Amendment No. 4 (for drafter's use only)
1 trial court shall have continuing jurisdiction to make
2 temporary attorney's fees and costs awards reasonably
3 necessary to prosecute or defend an appeal on the same basis
4 and criteria as though the matter were pending before it at
5 the trial level. In all cases, the court may order that the
6 amount be paid directly to the attorney, who may enforce the
7 order in that attorney's name. In determining whether to make
8 attorney's fees and costs awards at the appellate level, the
9 court shall primarily consider the relative financial
10 resources of the parties, unless an appellate party's cause is
11 deemed to be frivolous. Attorneys fees, suit money, and costs
12 shall be awarded in Title IV-D cases on the same basis as in
13 other cases except as provided herein. In Title IV-D cases,
14 attorney's fees, suit money, and costs, including filing fees,
15 recording fees, mediation costs, service of process fees, and
16 other expenses incurred by the clerk of the circuit court,
17 shall be assessed only against the nonprevailing obligor after
18 the court makes a determination of the nonprevailing obligor's
19 ability to pay such costs and fees. The Department of Revenue
20 shall not be considered a party for purposes of this section;
21 however, fees may be assessed against the department pursuant
22 to s. 57.105(1).
23 (2) In an action brought pursuant to Rule 3.840,
24 Florida Rules of Criminal Procedure, whether denominated
25 direct or indirect criminal contempt, the court shall have
26 authority to:
27 (a) Appoint an attorney to prosecute said contempt.
28 (b) Assess attorney's fees and costs against the
29 contemptor after the court makes a determination of the
30 contemptor's ability to pay such costs and fees.
31 (c) Order that the amount be paid directly to the
2
File original & 9 copies 04/23/98
hfl0002 12:55 pm 04771-0027-954407
HOUSE AMENDMENT
Bill No. HB 4771
Amendment No. 4 (for drafter's use only)
1 attorney, who may enforce the order in his or her name.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
File original & 9 copies 04/23/98
hfl0002 12:55 pm 04771-0027-954407