| 1 | A bill to be entitled |
| 2 | An act relating to court-ordered payment awards in legal |
| 3 | proceedings; amending ss. 61.16 and 742.045, F.S.; |
| 4 | authorizing certain court orders to include additional |
| 5 | reasonable amounts for certain attorney's fees, suit |
| 6 | money, and costs related to certain proceedings; providing |
| 7 | an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Subsection (1) of section 61.16, Florida |
| 12 | Statutes, is amended to read: |
| 13 | 61.16 Attorney's fees, suit money, and costs.-- |
| 14 | (1) The court may from time to time, after considering the |
| 15 | financial resources of both parties, order a party to pay a |
| 16 | reasonable amount for attorney's fees, suit money, and the cost |
| 17 | to the other party of maintaining or defending any proceeding |
| 18 | under this chapter, including enforcement and modification |
| 19 | proceedings and appeals. The order may include a reasonable |
| 20 | amount for attorney's fees, suit money, and costs incurred by a |
| 21 | party for the services performed and costs incurred to establish |
| 22 | both the party's entitlement to and the amount of attorney's |
| 23 | fees, suit money, and costs to be awarded in the proceeding. In |
| 24 | those cases in which an action is brought for enforcement and |
| 25 | the court finds that the noncompliant party is without |
| 26 | justification in the refusal to follow a court order, the court |
| 27 | may not award attorney's fees, suit money, and costs to the |
| 28 | noncompliant party. An application for attorney's fees, suit |
| 29 | money, or costs, whether temporary or otherwise, shall not |
| 30 | require corroborating expert testimony in order to support an |
| 31 | award under this chapter. The trial court shall have continuing |
| 32 | jurisdiction to make temporary attorney's fees and costs awards |
| 33 | reasonably necessary to prosecute or defend an appeal on the |
| 34 | same basis and criteria as though the matter were pending before |
| 35 | it at the trial level. In all cases, the court may order that |
| 36 | the amount be paid directly to the attorney, who may enforce the |
| 37 | order in that attorney's name. In determining whether to make |
| 38 | attorney's fees and costs awards at the appellate level, the |
| 39 | court shall primarily consider the relative financial resources |
| 40 | of the parties, unless an appellate party's cause is deemed to |
| 41 | be frivolous. In Title IV-D cases, attorney's fees, suit money, |
| 42 | and costs, including filing fees, recording fees, mediation |
| 43 | costs, service of process fees, and other expenses incurred by |
| 44 | the clerk of the circuit court, shall be assessed only against |
| 45 | the nonprevailing obligor after the court makes a determination |
| 46 | of the nonprevailing obligor's ability to pay such costs and |
| 47 | fees. The Department of Revenue shall not be considered a party |
| 48 | for purposes of this section; however, fees may be assessed |
| 49 | against the department pursuant to s. 57.105(1). |
| 50 | Section 2. Section 742.045, Florida Statutes, is amended |
| 51 | to read: |
| 52 | 742.045 Attorney's fees, suit money, and costs.--The court |
| 53 | may from time to time, after considering the financial resources |
| 54 | of both parties, order a party to pay a reasonable amount for |
| 55 | attorney's fees, suit money, and the cost to the other party of |
| 56 | maintaining or defending any proceeding under this chapter, |
| 57 | including enforcement and modification proceedings. The order |
| 58 | may include a reasonable amount for attorney's fees, suit money, |
| 59 | and costs incurred by a party for the services performed and |
| 60 | costs incurred to establish both the party's entitlement to and |
| 61 | the amount of attorney's fees, suit money, and costs to be |
| 62 | awarded in the proceeding. An application for attorney's fees, |
| 63 | suit money, or costs, whether temporary or otherwise, shall not |
| 64 | require corroborating expert testimony in order to support an |
| 65 | award under this chapter. The court may order that the amount be |
| 66 | paid directly to the attorney, who may enforce the order in his |
| 67 | or her name. In Title IV-D cases, any costs, including filing |
| 68 | fees, recording fees, mediation costs, service of process fees, |
| 69 | and other expenses incurred by the clerk of the circuit court, |
| 70 | shall be assessed only against the nonprevailing obligor after |
| 71 | the court makes a determination of the nonprevailing obligor's |
| 72 | ability to pay such costs and fees. The Department of Revenue |
| 73 | shall not be considered a party for purposes of this section; |
| 74 | however, fees may be assessed against the department pursuant to |
| 75 | s. 57.105(1). |
| 76 | Section 3. This act shall take effect upon becoming a law. |