Senate Bill sb0532

    Florida Senate - 2005                                   SB 532

    By Senator Campbell





    32-610-05                                            See HB 95

  1                      A bill to be entitled

  2         An act relating to court-ordered payment awards

  3         in legal proceedings; amending ss. 61.16 and

  4         742.045, F.S.; authorizing certain court orders

  5         to include additional reasonable amounts for

  6         certain attorney's fees, suit money, and costs

  7         related to certain proceedings; providing an

  8         effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (1) of section 61.16, Florida

13  Statutes, is amended to read:

14         61.16  Attorney's fees, suit money, and costs.--

15         (1)  The court may from time to time, after considering

16  the financial resources of both parties, order a party to pay

17  a reasonable amount for attorney's fees, suit money, and the

18  cost to the other party of maintaining or defending any

19  proceeding under this chapter, including enforcement and

20  modification proceedings and appeals. The order may include a

21  reasonable amount for attorney's fees, suit money, and costs

22  incurred by a party for the services performed and costs

23  incurred to establish both the party's entitlement to and the

24  amount of attorney's fees, suit money, and costs to be awarded

25  in the proceeding. In those cases in which an action is

26  brought for enforcement and the court finds that the

27  noncompliant party is without justification in the refusal to

28  follow a court order, the court may not award attorney's fees,

29  suit money, and costs to the noncompliant party. An

30  application for attorney's fees, suit money, or costs, whether

31  temporary or otherwise, shall not require corroborating expert

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                   SB 532
    32-610-05                                            See HB 95




 1  testimony in order to support an award under this chapter. The

 2  trial court shall have continuing jurisdiction to make

 3  temporary attorney's fees and costs awards reasonably

 4  necessary to prosecute or defend an appeal on the same basis

 5  and criteria as though the matter were pending before it at

 6  the trial level. In all cases, the court may order that the

 7  amount be paid directly to the attorney, who may enforce the

 8  order in that attorney's name. In determining whether to make

 9  attorney's fees and costs awards at the appellate level, the

10  court shall primarily consider the relative financial

11  resources of the parties, unless an appellate party's cause is

12  deemed to be frivolous. In Title IV-D cases, attorney's fees,

13  suit money, and costs, including filing fees, recording fees,

14  mediation costs, service of process fees, and other expenses

15  incurred by the clerk of the circuit court, shall be assessed

16  only against the nonprevailing obligor after the court makes a

17  determination of the nonprevailing obligor's ability to pay

18  such costs and fees. The Department of Revenue shall not be

19  considered a party for purposes of this section; however, fees

20  may be assessed against the department pursuant to s.

21  57.105(1).

22         Section 2.  Section 742.045, Florida Statutes, is

23  amended to read:

24         742.045  Attorney's fees, suit money, and costs.--The

25  court may from time to time, after considering the financial

26  resources of both parties, order a party to pay a reasonable

27  amount for attorney's fees, suit money, and the cost to the

28  other party of maintaining or defending any proceeding under

29  this chapter, including enforcement and modification

30  proceedings. The order may include a reasonable amount for

31  attorney's fees, suit money, and costs incurred by a party for

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                   SB 532
    32-610-05                                            See HB 95




 1  the services performed and costs incurred to establish both

 2  the party's entitlement to and the amount of attorney's fees,

 3  suit money, and costs to be awarded in the proceeding. An

 4  application for attorney's fees, suit money, or costs, whether

 5  temporary or otherwise, shall not require corroborating expert

 6  testimony in order to support an award under this chapter. The

 7  court may order that the amount be paid directly to the

 8  attorney, who may enforce the order in his or her name. In

 9  Title IV-D cases, any costs, including filing fees, recording

10  fees, mediation costs, service of process fees, and other

11  expenses incurred by the clerk of the circuit court, shall be

12  assessed only against the nonprevailing obligor after the

13  court makes a determination of the nonprevailing obligor's

14  ability to pay such costs and fees. The Department of Revenue

15  shall not be considered a party for purposes of this section;

16  however, fees may be assessed against the department pursuant

17  to s. 57.105(1).

18         Section 3.  This act shall take effect upon becoming a

19  law.

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CODING: Words stricken are deletions; words underlined are additions.