The bill amends sections 61.16 and 742.045 of the Florida Statutes to provide clearer guidelines regarding the awarding of attorney fees, suit money, and costs in family law and related proceedings. Key provisions include the ability for courts to award these fees retroactively and prospectively, the inclusion of costs incurred in pursuing such awards, and the requirement for courts to consider whether a party rejected a good faith settlement offer when determining fees. Additionally, the bill allows courts to impose sanctions for vexatious or bad faith litigation, mandates written findings for such sanctions, and establishes a presumption that certain parties are entitled to recover fees in specific circumstances.
The bill also clarifies that a noncompliant party cannot be awarded attorney fees if they unjustifiably refuse to follow a court order. It allows for the direct payment of awarded fees to attorneys and specifies that the trial court retains jurisdiction to award temporary fees necessary for appeals. Furthermore, it states that the relief provided is cumulative to other available remedies under state law. The amendments apply to any actions filed on or after the effective date of the act.
Statutes affected: H 413 Filed: 61.16, 742.045
H 413 c1: 61.16, 742.045