THE BILL ITSELF
CS/CS/SB 644
Attorney Fees, Suit Money, and Costs
Florida Senate - 2026 CS for CS for SB 644 By the Appropriations Committee on Criminal and Civil Justice; the Committee on Judiciary; and Senator Grall 604-02975-26 2026644c2
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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 ss. 61.16 and 742.045, F.S.;
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authorizing a court to order attorney fees, suit
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money, and costs in appellate proceedings; providing
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that an award of attorney fees, suit money, and costs
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may be awarded retroactively and prospectively;
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authorizing the inclusion of certain fees, money, and
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costs in an award of attorney fees, suit money, and
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costs; prohibiting the award of attorney fees, suit
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money, and costs under certain circumstances;
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providing that a trial court has continuing
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jurisdiction for certain purposes; authorizing the
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court to consider if a good faith offer of settlement
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was rejected when awarding attorney fees, suit money,
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and costs; authorizing the court to award, deny, or
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reduce attorney fees, suit money, and costs under
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certain circumstances; requiring the court to consider
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the relative financial resources of the parties for
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certain purposes; providing an exception; providing
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that payment of support owed to the obligee has
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priority over fees, costs, and expenses; providing
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that attorney fees and suit money may be assessed only
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under certain circumstances; authorizing the court to
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take certain actions in criminal contempt proceedings;
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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 may not award attorney attorney’s fees, suit money,
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and costs to the noncompliant party in the enforcement action .
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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 , may shall
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not require corroborating expert testimony in order to support
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an award under this chapter.
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(5) The trial court has shall have continuing jurisdiction
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to make temporary attorney attorney’s fees and costs awards
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reasonably necessary to prosecute or defend an appeal on the
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same basis and criteria as though the matter were pending before
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it at the trial level.
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(6) In determining the amount of an award of attorney fees,
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suit money, and costs, the court may consider whether a good
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faith offer of settlement was rejected.
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(7)(a) If a party directly engages in vexatious or bad
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faith litigation, the court may:
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1. Award attorney fees, suit money, and costs as a sanction
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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 attorney attorney’s fees
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and costs awards at the appellate level, the court shall
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primarily consider the relative financial resources of the
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parties, unless an appellate party’s cause is deemed to be
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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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However, payment of support owed to the obligee has priority
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over fees, costs, and expenses.
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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 may 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 such 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 attorney,
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who may enforce the order in his or her name.
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Section 2. Section 742.045, Florida Statutes, is amended to
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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 may not award attorney fees, suit money, and costs to
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the noncompliant party in the enforcement action.
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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 , may shall
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not require corroborating expert testimony in order to support
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an award under this chapter.
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(5) The trial court has continuing jurisdiction to make
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temporary attorney fees and costs awards reasonably necessary to
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prosecute or defend an appeal on the same basis and criteria as
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though the matter were pending before it at the trial level.
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(6) In determining the amount of an award of attorney fees,
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suit money, and costs, the court may consider whether a good
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faith offer of settlement was rejected.
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(7)(a) If a party directly engages in vexatious or bad
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faith litigation, the court may:
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1. Award attorney fees, suit money, and costs as a sanction
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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 attorney fees and costs
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awards 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 the order in his or her name.
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However, payment of support owed to the obligee has priority
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over fees, costs, and expenses.
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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 may 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 such 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 attorney,
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who may enforce the order in his or her name.
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Section 3. This act shall take effect upon becoming a law.