Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for SB 644
Ì462258<Î462258
LEGISLATIVE ACTION
Senate . House
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The Appropriations Committee on Criminal and Civil Justice
(Grall) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 41 - 141
4 and insert:
5 and costs to the noncompliant party in the enforcement action.
6 (4) An application for attorney attorney’s fees, suit
7 money, or costs, whether temporary or final otherwise, may shall
8 not require corroborating expert testimony in order to support
9 an award under this chapter.
10 (5) The trial court has shall have continuing jurisdiction
11 to make temporary attorney attorney’s fees and costs awards
12 reasonably necessary to prosecute or defend an appeal on the
13 same basis and criteria as though the matter were pending before
14 it at the trial level.
15 (6) In determining the amount of an award of attorney fees,
16 suit money, and costs, the court may consider whether a good
17 faith offer of settlement was rejected.
18 (7)(a) If a party directly engages in vexatious or bad
19 faith litigation, the court may:
20 1. Award attorney fees, suit money, and costs as a sanction
21 against the opposing party; or
22 2. Deny or reduce an award of attorney fees, suit money,
23 and costs to the offending party.
24 (b) An order entered under this subsection addressing
25 vexatious or bad faith litigation must include written findings
26 identifying the specific conduct the party engaged in and the
27 reasons the court granted, denied, or reduced such fees, money,
28 and costs In all cases, the court may order that the amount be
29 paid directly to the attorney, who may enforce the order in that
30 attorney’s name.
31 (8) In determining whether to make attorney attorney’s fees
32 and costs awards at the appellate level, the court shall
33 primarily consider the relative financial resources of the
34 parties, unless an appellate party’s cause is deemed to be
35 frivolous.
36 (9) In all cases, the court may order that the award of
37 attorney fees, suit money, and costs be paid directly to the
38 attorney, who may enforce such order in his or her name.
39 However, payment of support owed to the obligee has priority
40 over fees, costs, and expenses.
41 (10) In Title IV-D cases, attorney attorney’s fees, suit
42 money, and costs, including filing fees, recording fees,
43 mediation costs, service of process fees, and other expenses
44 incurred by the clerk of the circuit court, shall be assessed
45 only against the nonprevailing obligor after the court makes a
46 determination of the nonprevailing obligor’s ability to pay such
47 costs and fees. The Department of Revenue may shall not be
48 considered a party for purposes of this section; however, fees
49 may be assessed against the department pursuant to s. 57.105(1).
50 (11)(2) In an action brought pursuant to Rule 3.840,
51 Florida Rules of Criminal Procedure, whether denominated direct
52 or indirect criminal contempt, the court may shall have
53 authority to:
54 (a) Appoint an attorney to prosecute such said contempt.
55 (b) Assess attorney attorney’s fees and costs against the
56 contemnor contemptor after the court makes a determination of
57 the contemnor’s contemptor’s ability to pay such costs and fees.
58 (c) Order that the amount be paid directly to the attorney,
59 who may enforce the order in his or her name.
60 Section 2. Section 742.045, Florida Statutes, is amended to
61 read:
62 742.045 Attorney Attorney’s fees, suit money, and costs.—
63 (1) The court may from time to time, after considering the
64 financial resources of both parties, order a party to pay a
65 reasonable amount for attorney attorney’s fees, suit money, and
66 the cost to the other party of maintaining or defending any
67 proceeding seeking relief under this chapter, including
68 enforcement, and modification, and appellate proceedings.
69 (2) An award of attorney fees, suit money, and costs,
70 whether temporary or final, may be awarded retroactively and
71 prospectively as equity requires. Attorney fees, suit money, and
72 costs incurred in pursuing an award of such fees, money, and
73 costs may be included in any award under this section.
74 (3) In those cases in which an action is brought for
75 enforcement and the court finds that the noncompliant party is
76 without justification in the refusal to follow a court order,
77 the court may not award attorney fees, suit money, and costs to
78 the noncompliant party in the enforcement action.
79 (4) An application for attorney attorney’s fees, suit
80 money, or costs, whether temporary or final otherwise, may shall
81 not require corroborating expert testimony in order to support
82 an award under this chapter.
83 (5) The trial court has continuing jurisdiction to make
84 temporary attorney fees and costs awards reasonably necessary to
85 prosecute or defend an appeal on the same basis and criteria as
86 though the matter were pending before it at the trial level.
87 (6) In determining the amount of an award of attorney fees,
88 suit money, and costs, the court may consider whether a good
89 faith offer of settlement was rejected.
90 (7)(a) If a party directly engages in vexatious or bad
91 faith litigation, the court may:
92 1. Award attorney fees, suit money, and costs as a sanction
93 against the opposing party; or
94 2. Deny or reduce an award of attorney fees, suit money,
95 and costs to the offending party.
96 (b) An order entered under this subsection addressing
97 vexatious or bad faith litigation must include written findings
98 identifying the specific conduct the party engaged in and the
99 reasons the court granted, denied, or reduced such fees, money,
100 and costs.
101 (8) In determining whether to make attorney fees and costs
102 awards at the appellate level, the court shall primarily
103 consider the relative financial resources of the parties, unless
104 an appellate party’s cause is deemed to be frivolous.
105 (9) The court may order that the award of attorney fees,
106 suit money, and costs amount be paid directly to the attorney,
107 who may enforce the order in his or her name. However, payment
108 of support owed to the obligee has priority over fees, costs,
109 and expenses.
110 (10) In Title IV-D cases, attorney fees, suit money, and
111 any costs, including filing fees, recording fees, mediation
112 costs, service of process fees, and other expenses incurred by
113 the clerk of the circuit court, shall be assessed only against
114 the nonprevailing obligor after the court makes a determination
115 of the nonprevailing obligor’s ability to pay such costs and
116 fees. The Department of Revenue may shall not be considered a
117 party for purposes of this section; however, fees may be
118 assessed against the department pursuant to s. 57.105(1).
119 (11) In an action brought pursuant to Rule 3.840, Florida
120 Rules of Criminal Procedure, whether denominated direct or
121 indirect criminal contempt, the court may:
122 (a) Appoint an attorney to prosecute such contempt.
123 (b) Assess attorney fees and costs against the contemnor
124 after the court makes a determination of the contemnor’s ability
125 to pay such costs and fees.
126 (c) Order that the amount be paid directly to the attorney,
127 who may enforce the order in his or her name.
128
129 ================= T I T L E A M E N D M E N T ================
130 And the title is amended as follows:
131 Delete lines 10 - 17
132 and insert:
133 costs; prohibiting the award of attorney fees, suit
134 money, and costs under certain circumstances;
135 providing that a trial court has continuing
136 jurisdiction for certain purposes; authorizing the
137 court to consider if a good faith offer of settlement
138 was rejected when awarding attorney fees, suit money,
139 and costs; authorizing the court to award, deny, or
140 reduce attorney fees, suit money, and costs under
141 certain circumstances; requiring the court to consider
142 the relative financial resources of the parties for
143 certain purposes; providing an exception; providing
144 that payment of support owed to the obligee has
145 priority over fees, costs, and expenses; providing
146 that attorney fees and suit money may be assessed only
147 under certain circumstances; authorizing the court to
148 take certain actions in criminal contempt proceedings;