HB 0095

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


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