THE BILL ITSELF
CS/CS/HB 413
Attorney Fees, Suit Money, and Costs
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A bill to be entitled
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An act relating to attorney fees, suit money, and
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costs; amending s. 61.16, F.S.; providing that an
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award of attorney fees, suit money, and costs may be
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awarded retroactively and prospectively; authorizing
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the inclusion of certain fees, money, and costs in the
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total award of attorney fees, suit money, and costs;
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authorizing the court to consider whether a party
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rejected a good faith offer of settlement when
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awarding attorney fees, suit money, and costs;
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authorizing the court to award, deny, or reduce
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attorney fees, suit money, and costs as a sanction for
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vexatious or bad faith litigation; requiring the court
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to make certain written findings; authorizing the
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court to order an award of attorney fees, suit money,
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and costs be paid directly to the attorney; requiring
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the court to include certain written findings of fact
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when the court finds a party in contempt; providing
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for the award of attorney fees and costs to a
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nonoffending party under certain circumstances;
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providing that certain relief is cumulative and not
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exclusive; amending s. 742.045, F.S.; authorizing a
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court to order attorney fees, suit money, and costs in
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certain appellate proceedings; providing that an award
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of attorney fees, suit money, and costs may be awarded
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retroactively and prospectively; prohibiting a court
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from awarding attorney fees, suit money, and costs to
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a noncompliant party under certain circumstances;
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providing that a trial court has continuing
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jurisdiction to award temporary appellate attorney
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fees and costs under a specified basis and criteria;
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authorizing the court to consider whether a party
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rejected a good faith offer of settlement when
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awarding attorney fees, suit money, and costs;
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authorizing the court to award, deny, or reduce
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attorney fees, suit money, and costs as a sanction for
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vexatious or bad faith litigation; requiring the court
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to make certain written findings; specifying the
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primary factor for a court to consider in making
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awards of appellate attorney fees and costs;
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authorizing the court to order an award of attorney
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fees, suit money, and costs be paid directly to the
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attorney; authorizing the court to take certain
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actions in an action involving criminal contempt;
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providing a presumption that certain parties are
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entitled to recover attorney fees and costs under
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certain circumstances; providing that certain relief
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is cumulative and not exclusive; providing
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applicability; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 61.16, Florida Statutes, is amended to
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read:
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61.16 Attorney Attorney's fees, suit money, and costs.—
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(1) The court may from time to time, after considering the
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financial resources of both parties, order a party to pay a
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reasonable amount for attorney attorney's fees, suit money, and
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the cost to the other party of maintaining or defending any
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proceeding seeking relief under this chapter, including
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enforcement, and modification, and appellate proceedings and
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appeals.
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(2) An award of attorney fees, suit money, and costs,
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whether temporary or final, may be awarded retroactively and
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prospectively as equity requires. Attorney fees, suit money, and
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costs incurred in pursuing an award of such fees, money, and
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costs may be included in any award under this section.
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(3) In those cases in which an action is brought for
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enforcement and the court finds that the noncompliant party is
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without justification in the refusal to follow a court order,
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the court must may not award attorney attorney's fees, suit
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money, and costs to the noncompliant party.
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(4) An application for attorney attorney's fees, suit
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money, or costs, whether temporary or final otherwise, must
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shall not require corroborating expert testimony in order to
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support an award under this chapter.
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(5) The trial court has shall have continuing jurisdiction
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to make awards of temporary attorney attorney's fees and costs
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awards reasonably necessary to prosecute or defend an appeal on
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the same basis and criteria as though the matter were pending
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before the court it at the trial level.
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(6) In determining entitlement to, and the amount of, an
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award of attorney fees, suit money, and costs, the court may
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consider whether a good faith offer of settlement was rejected.
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(7)(a) If a party, directly or through the party's
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attorney, engages in vexatious or bad faith litigation, the
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court may:
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1. Award attorney fees, suit money, and costs as a
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sanction against the opposing party; or
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2. Deny or reduce an award of attorney fees, suit money,
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and costs to the offending party.
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(b) An order entered under this subsection addressing
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vexatious or bad faith litigation must include written findings
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identifying the specific conduct the party engaged in and the
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reasons the court granted, denied, or reduced such fees, money,
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and costs In all cases, the court may order that the amount be
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paid directly to the attorney, who may enforce the order in that
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attorney's name.
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(8) In determining whether to make awards of attorney
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attorney's fees and costs awards at the appellate level, the
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court shall primarily consider the relative financial resources
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of the parties, unless an appellate party's cause is deemed to
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be frivolous.
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(9) In all cases, the court may order that the award of
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attorney fees, suit money, and costs be paid directly to the
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attorney, who may enforce such order in his or her name.
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(10) In Title IV-D cases, attorney attorney's fees, suit
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money, and costs, including filing fees, recording fees,
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mediation costs, service of process fees, and other expenses
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incurred by the clerk of the circuit court, shall be assessed
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only against the nonprevailing obligor after the court makes a
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determination of the nonprevailing obligor's ability to pay such
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costs and fees. The Department of Revenue must shall not be
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considered a party for purposes of this section; however, fees
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may be assessed against the department pursuant to s. 57.105(1).
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(11)(2) In an action brought pursuant to Rule 3.840,
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Florida Rules of Criminal Procedure, whether denominated direct
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or indirect criminal contempt, the court may shall have
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authority to:
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(a) Appoint an attorney to prosecute said contempt.
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(b) Assess attorney attorney's fees and costs against the
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contemnor contemptor after the court makes a determination of
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the contemnor's contemptor's ability to pay such costs and fees.
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(c) Order that the amount be paid directly to the
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attorney, who may enforce the order in his or her name.
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(12) Except in Title IV-D cases, when a party to a
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proceeding under this chapter refuses or fails to comply with a
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court order without proper cause and the court makes a finding
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that the offending party is in contempt, the court must include
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written findings of fact identifying the offending party's
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specific willful noncompliant behavior and must order the
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offending party to pay reasonable court costs and attorney fees
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incurred by the nonoffending party in connection with the
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contempt proceedings.
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(13) The relief provided under this section is cumulative
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to any relief or remedy available under the laws of this state
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or the rules of court.
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Section 2. Section 742.045, Florida Statutes, is amended
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to read:
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742.045 Attorney Attorney's fees, suit money, and costs.—
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(1) The court may from time to time, after considering the
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financial resources of both parties, order a party to pay a
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reasonable amount for attorney attorney's fees, suit money, and
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the cost to the other party of maintaining or defending any
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proceeding seeking relief under this chapter, including
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enforcement, and modification, and appellate proceedings.
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(2) An award of attorney fees, suit money, and costs,
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whether temporary or final, may be awarded retroactively and
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prospectively as equity requires. Attorney fees, suit money, and
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costs incurred in pursuing an award of such fees, money, and
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costs may be included in any award under this section.
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(3) In those cases in which an action is brought for
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enforcement and the court finds that the noncompliant party is
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without justification in the refusal to follow a court order,
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the court must not award attorney fees, suit money, and costs to
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the noncompliant party.
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(4) An application for attorney attorney's fees, suit
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money, or costs, whether temporary or final otherwise, must
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shall not require corroborating expert testimony in order to
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support an award under this chapter.
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(5) The trial court has continuing jurisdiction to make
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awards of temporary attorney fees and costs reasonably necessary
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to prosecute or defend an appeal on the same basis and criteria
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as though the matter were pending before the court at the trial
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level.
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(6) In determining entitlement to, and the amount of, an
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award of attorney fees, suit money, and costs, the court may
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consider whether a good faith offer of settlement was rejected.
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(7)(a) If a party, directly or through the party's
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attorney, engages in vexatious or bad faith litigation, the
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court may:
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1. Award attorney fees, suit money, and costs as a
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sanction against the opposing party; or
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2. Deny or reduce an award of attorney fees, suit money,
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and costs to the offending party.
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(b) An order entered under this subsection addressing
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vexatious or bad faith litigation must include written findings
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identifying the specific conduct the party engaged in and the
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reasons the court granted, denied, or reduced such fees, money,
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and costs.
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(8) In determining whether to make awards of attorney fees
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and costs at the appellate level, the court shall primarily
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consider the relative financial resources of the parties, unless
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an appellate party's cause is deemed to be frivolous.
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(9) In all cases, the court may order that the award of
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attorney fees, suit money, and costs amount be paid directly to
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the attorney, who may enforce such the order in his or her name.
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(10) In Title IV-D cases, attorney fees, suit money, and
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any costs, including filing fees, recording fees, mediation
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costs, service of process fees, and other expenses incurred by
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the clerk of the circuit court, shall be assessed only against
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the nonprevailing obligor after the court makes a determination
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of the nonprevailing obligor's ability to pay such costs and
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fees. The Department of Revenue must shall not be considered a
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party for purposes of this section; however, fees may be
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assessed against the department pursuant to s. 57.105(1).
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(11) In an action brought pursuant to Rule 3.840, Florida
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Rules of Criminal Procedure, whether denominated direct or
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indirect criminal contempt, the court may:
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(a) Appoint an attorney to prosecute said contempt.
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(b) Assess attorney fees and costs against the contemnor
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after the court makes a determination of the contemnor's ability
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to pay such costs and fees.
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(c) Order that the amount be paid directly to the
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attorney, who may enforce the order in his or her name.
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(12) Except in Title IV-D cases, if a party to a
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proceeding under this chapter files and prevails on a motion for
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civil contempt under any applicable provision of the Florida
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Family Law Rules of Procedure, there is a presumption that such
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party is entitled to recover his or her attorney fees and costs
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from the contemnor, irrespective of such party's need and the
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contemnor's ability to pay.
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(13) The relief provided under this section is cumulative
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to any relief or remedy available under the laws of this state
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or the rules of court.
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Section 3. The amendments made to ss. 61.16 and 742.045,
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Florida Statutes, by this act apply to any action, including
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those initiated by a supplemental petition, filed on or after
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the effective date of this act.
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Section 4. This act shall take effect upon becoming a law.