Florida SB 644: Building Regulation

Bill Text

644 
Attorney Fees, Suit Money, and Costs 
2026-02-20T11:16:41Z 
Authorizing a court to order attorney fees, suit money, and costs in appellate proceedings; authorizing the inclusion of certain fees, money, and costs in an award of attorney fees, suit money, and costs; authorizing the court to award, deny, or reduce attorney fees, suit money, and costs under certain circumstances, etc. 
Committee Substitute 2 
2026 
S 
GB 
General Bill 
c2 

 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 
 1 A bill to be entitled 
 2 An act relating to attorney fees, suit money, and 
 3 costs; amending ss. 61.16 and 742.045, F.S.; 
 4 authorizing a court to order attorney fees, suit 
 5 money, and costs in appellate proceedings; providing 
 6 that an award of attorney fees, suit money, and costs 
 7 may be awarded retroactively and prospectively; 
 8 authorizing the inclusion of certain fees, money, and 
 9 costs in an award of attorney fees, suit money, and 
 10 costs; prohibiting the award of attorney fees, suit 
 11 money, and costs under certain circumstances; 
 12 providing that a trial court has continuing 
 13 jurisdiction for certain purposes; authorizing the 
 14 court to consider if a good faith offer of settlement 
 15 was rejected when awarding attorney fees, suit money, 
 16 and costs; authorizing the court to award, deny, or 
 17 reduce attorney fees, suit money, and costs under 
 18 certain circumstances; requiring the court to consider 
 19 the relative financial resources of the parties for 
 20 certain purposes; providing an exception; providing 
 21 that payment of support owed to the obligee has 
 22 priority over fees, costs, and expenses; providing 
 23 that attorney fees and suit money may be assessed only 
 24 under certain circumstances; authorizing the court to 
 25 take certain actions in criminal contempt proceedings; 
 26 providing an effective date. 
 27 
 28 Be It Enacted by the Legislature of the State of Florida: 
 29 
 30 Section 1. Section 61.16, Florida Statutes, is amended to 
 31 read: 
 32 61.16 Attorney Attorney’s fees, suit money, and costs.— 
 33 (1) The court may from time to time, after considering the 
 34 financial resources of both parties, order a party to pay a 
 35 reasonable amount for attorney attorney’s fees, suit money, and 
 36 the cost to the other party of maintaining or defending any 
 37 proceeding seeking relief under this chapter, including 
 38 enforcement, and modification, and appellate proceedings and 
 39 appeals. 
 40 (2) An award of attorney fees, suit money, and costs, 
 41 whether temporary or final, may be awarded retroactively and 
 42 prospectively as equity requires. Attorney fees, suit money, and 
 43 costs incurred in pursuing an award of such fees, money, and 
 44 costs may be included in any award under this section. 
 45 (3) In those cases in which an action is brought for 
 46 enforcement and the court finds that the noncompliant party is 
 47 without justification in the refusal to follow a court order, 
 48 the court may not award attorney attorney’s fees, suit money, 
 49 and costs to the noncompliant party in the enforcement action. 
 50 (4) An application for attorney attorney’s fees, suit 
 51 money, or costs, whether temporary or final otherwise, may shall 
 52 not require corroborating expert testimony in order to support 
 53 an award under this chapter. 
 54 (5) The trial court has shall have continuing jurisdiction 
 55 to make temporary attorney attorney’s fees and costs awards 
 56 reasonably necessary to prosecute or defend an appeal on the 
 57 same basis and criteria as though the matter were pending before 
 58 it at the trial level. 
 59 (6) In determining the amount of an award of attorney fees, 
 60 suit money, and costs, the court may consider whether a good 
 61 faith offer of settlement was rejected. 
 62 (7)(a) If a party directly engages in vexatious or bad 
 63 faith litigation, the court may: 
 64 1. Award attorney fees, suit money, and costs as a sanction 
 65 against the opposing party; or 
 66 2. Deny or reduce an award of attorney fees, suit money, 
 67 and costs to the offending party. 
 68 (b) An order entered under this subsection addressing 
 69 vexatious or bad faith litigation must include written findings 
 70 identifying the specific conduct the party engaged in and the 
 71 reasons the court granted, denied, or reduced such fees, money, 
 72 and costs In all cases, the court may order that the amount be 
 73 paid directly to the attorney, who may enforce the order in that 
 74 attorney’s name. 
 75 (8) In determining whether to make attorney attorney’s fees 
 76 and costs awards at the appellate level, the court shall 
 77 primarily consider the relative financial resources of the 
 78 parties, unless an appellate party’s cause is deemed to be 
 79 frivolous. 
 80 (9) In