This bill amends sections 61.16 and 742.045 of the Florida Statutes to enhance the court's authority regarding the awarding of attorney fees, suit money, and costs in legal proceedings. Key provisions include the ability for courts to award these fees both retroactively and prospectively, as well as the inclusion of costs incurred in pursuing such awards. The bill also allows courts to consider whether a good faith offer of settlement was rejected when determining the amount of fees awarded. Additionally, it introduces measures to address vexatious or bad faith litigation, enabling courts to impose sanctions or reduce awards based on the conduct of the parties involved.
The amendments also clarify that applications for attorney fees do not require corroborating expert testimony and that the court has the discretion to award fees directly to attorneys, who can enforce the order in their name. In Title IV-D cases, costs will only be assessed against the nonprevailing obligor after determining their ability to pay. The changes apply to any court proceedings pending or filed on or after the effective date of the act, which will take effect upon becoming law.
Statutes affected: S 644 Filed: 61.16, 742.045