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
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Lynn offered the following:

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13         Amendment 

14         On page 3, between lines 18 and 19, of the bill

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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

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    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

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    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.

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    File original & 9 copies    04/23/98
    hfl0002                     12:55 pm         04771-0027-954407