HB0413 • 2026

Attorney Fees, Suit Money, and Costs

Children

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Judiciary Committee ; Civil Justice & Claims Subcommittee ; Gottlieb ; (CO-INTRODUCERS) Bartleman ; Campbell ; Daniels ; Driskell ; Harris ; López, J.
Last action: 2026-03-13
Official status: Senate - Died in Rules
Effective date: upon becom

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Attorney Fees, Suit Money, and Costs

Attorney Fees, Suit Money, and Costs; Provides that award of attorney fees, suit money, & costs may be awarded retroactively & prospectively; authorizes inclusion of fees, money, & costs in award of attorney fees, suit money, & costs; authorizes court to consider whether party rejected good faith offer of settlement when awarding fees, money, & costs; authorizes court to award, deny, or reduce fees, money, & costs as sanction; requires court to make certain written findings; authorizes fees, money, & costs be paid to attorney; provides award of attorney fees & costs to nonoffending party under certain circumstances; provides relief is cumulative; authorizes court to order attorney fees, suit money, & costs in certain appellate proceedings; prohibits court from awarding fees, money, & costs to noncompliant party; provides that trial court has continuing jurisdiction to award temporary appellate fees, money, & costs; specifies primary factor for court to consider in making awards of appellate fees & costs; authorizes court to take certain actions in action involving criminal contempt.

What This Bill Does

Attorney Fees, Suit Money, and Costs; Provides that award of attorney fees, suit money, & costs may be awarded retroactively & prospectively; authorizes inclusion of fees, money, & costs in award of attorney fees, suit money, & costs; authorizes court to consider whether party rejected good faith offer of settlement when awarding fees, money, & costs; authorizes court to award, deny, or reduce fees, money, & costs as sanction; requires court to make certain written findings; authorizes fees, money, & costs be paid to attorney; provides award of attorney fees & costs to nonoffending party under certain circumstances; provides relief is cumulative; authorizes court to order attorney fees, suit money, & costs in certain appellate proceedings; prohibits court from awarding fees, money, & costs to noncompliant party; provides that trial court has continuing jurisdiction to award temporary appellate fees, money, & costs; specifies primary factor for court to consider in making awards of appellate fees & costs; authorizes court to take certain actions in action involving criminal contempt.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

057205

Committee amendment H 413 Filed • Gottlieb

Adopted 12/9/2025

Plain English: This amendment changes Florida laws about family court cases so judges can order people who break rules to pay legal fees, while protecting those who follow the law from having to pay extra costs.

Judges must consider how much money both sides have before ordering anyone to pay for lawyers or court costs.
If a person refuses to follow a court order without a good reason, they cannot be awarded any legal fees and may lose their own case's fee request.
People asking for legal fees do not need expert witnesses to prove how much the work cost.
In cases where someone breaks family law rules (contempt), there is now an automatic assumption that the person who followed the rules gets paid back by the one who broke them.

The official text provided ends abruptly on page 5, so changes to Section 742.045 and any sections after it are incomplete.
Some parts of the text show conflicting words (like 'must' crossed out with 'may'), making it unclear exactly which rule applies without seeing the final clean version.

009993

Committee amendment H 413 c1 • Gottlieb

Adopted 1/22/2026

Plain English: This amendment requires courts to order parties found guilty of willfully ignoring court orders (except in Title IV-D cases) to pay the other side's legal fees and costs.

Courts must write down specific facts showing exactly how a party intentionally broke a court order before finding them in contempt.
If a party is found in contempt for willfully ignoring an order, they must be ordered to pay reasonable attorney fees and court costs to the other side.
This rule does not apply to cases under Title IV-D.

The amendment text does not define what counts as 'proper cause' for failing to follow an order or exactly how much money is considered a 'reasonable' fee.
It is unclear from this short excerpt which specific types of legal cases fall under the chapter being amended.

317146

Floor amendment H 413 c2 • Grall

Filed

Plain English: This amendment updates Florida laws to give judges more power to order people who break court orders or act badly during lawsuits to pay for their opponent's legal bills.

Judges can now deny legal fee awards to parties who refuse to follow court orders without a good reason.
Courts are allowed to punish bad behavior in lawsuits by making the offending party pay fees as a penalty or reducing the money they would otherwise receive.
The law clarifies that judges do not need expert witness testimony to decide how much legal fees should be awarded.
In cases involving child support enforcement, courts must check if a person can afford to pay before ordering them to cover court costs.

The provided text is incomplete and cuts off in the middle of Section 742.045(17), so any changes listed after that point are unknown.
Some parts of the amendment contain conflicting words (like 'may' vs 'shall') which makes it unclear exactly how strict some rules will be.

Bill History

2026-03-13 Senate
• Died in Rules
2026-02-10 Senate
• Received
2026-02-09 Senate
• Referred to Rules
2026-02-04 House
• Read 2nd time • Added to Third Reading Calendar • Read 3rd time • CS passed; YEAS 110, NAYS 0
2026-02-04 Senate
• In Messages
2026-01-29 House
• Bill added to Special Order Calendar (2/4/2026)
2026-01-26 House
• Bill referred to House Calendar • Added to Second Reading Calendar
2026-01-22 House
• Favorable with CS by Judiciary Committee • Reported out of Judiciary Committee • Laid on Table under Rule 7.18(a) • CS Filed • 1st Reading (Committee Substitute 2)
2026-01-20 House
• Added to Judiciary Committee agenda
2026-01-13 House
• 1st Reading (Original Filed Version) • 1st Reading (Committee Substitute 1)
2025-12-11 House
• Referred to Judiciary Committee • Now in Judiciary Committee
2025-12-10 House
• Reported out of Civil Justice & Claims Subcommittee • Laid on Table under Rule 7.18(a) • CS Filed
2025-12-09 House
• Favorable with CS by Civil Justice & Claims Subcommittee
2025-12-02 House
• Added to Civil Justice & Claims Subcommittee agenda
2025-11-18 House
• Referred to Civil Justice & Claims Subcommittee • Referred to Judiciary Committee • Now in Civil Justice & Claims Subcommittee
2025-11-13 House
• Filed

Official Summary Text

Attorney Fees, Suit Money, and Costs; Provides that award of attorney fees, suit money, & costs may be awarded retroactively & prospectively; authorizes inclusion of fees, money, & costs in award of attorney fees, suit money, & costs; authorizes court to consider whether party rejected good faith offer of settlement when awarding fees, money, & costs; authorizes court to award, deny, or reduce fees, money, & costs as sanction; requires court to make certain written findings; authorizes fees, money, & costs be paid to attorney; provides award of attorney fees & costs to nonoffending party under certain circumstances; provides relief is cumulative; authorizes court to order attorney fees, suit money, & costs in certain appellate proceedings; prohibits court from awarding fees, money, & costs to noncompliant party; provides that trial court has continuing jurisdiction to award temporary appellate fees, money, & costs; specifies primary factor for court to consider in making awards of appellate fees & costs; authorizes court to take certain actions in action involving criminal contempt.

Current Bill Text

Read the full stored bill text

CS/CS/HB 413 2026

CODING: Words stricken are deletions; words underlined are additions.
hb413-02-c2
Page 1 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to attorney fees, suit money, and 2
costs; amending s. 61.16, F.S.; providing that an 3
award of attorney fees, suit money, and costs may be 4
awarded retroactively and prospectively; authorizing 5
the inclusion of certain fees, money, and costs in the 6
total award of attorney fees, suit money, and costs; 7
authorizing the court to consider whether a party 8
rejected a good faith offer of settlement when 9
awarding attorney fees, suit money, and costs; 10
authorizing the court to award, deny, or reduce 11
attorney fees, suit money, and costs as a sanction for 12
vexatious or bad faith litigation; requiring the court 13
to make certain written findings; authorizing the 14
court to order an award of attorney fees, suit money, 15
and costs be paid directly to the attorney; requiring 16
the court to include certain written findings of fact 17
when the court finds a party in contempt; providing 18
for the award of attorney fees and costs to a 19
nonoffending party under certain circumstances; 20
providing that certain relief is cumulative and not 21
exclusive; amending s. 742.045, F.S.; authorizing a 22
court to order attorney fees, suit money, and costs in 23
certain appellate proceedings; providing that an award 24
of attorney fees, suit money, and costs may be awarded 25

CS/CS/HB 413 2026

CODING: Words stricken are deletions; words underlined are additions.
hb413-02-c2
Page 2 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

retroactively and prospectively; prohibiting a court 26
from awarding attorney fees, suit money, and costs to 27
a noncompliant party under certain circumstances; 28
providing that a trial court has continuing 29
jurisdiction to award temporary appellate attorney 30
fees and costs under a specified basis and criteria; 31
authorizing the court to consider whether a party 32
rejected a good faith offer of settlement when 33
awarding attorney fees, suit money, and costs; 34
authorizing the court to award, deny, or reduce 35
attorney fees, suit money, and costs as a sanction for 36
vexatious or bad faith litigation; requiring the court 37
to make certain written findings; specifying the 38
primary factor for a court to consider in making 39
awards of appellate attorney fees and costs; 40
authorizing the court to order an award of attorney 41
fees, suit money, and costs be paid directly to the 42
attorney; authorizing the court to take certain 43
actions in an action involving criminal contempt; 44
providing a presumption that certain parties are 45
entitled to recover attorney fees and costs under 46
certain circumstances; providing that certain relief 47
is cumulative and not exclusive; providing 48
applicability; providing an effective date. 49
50

CS/CS/HB 413 2026

CODING: Words stricken are deletions; words underlined are additions.
hb413-02-c2
Page 3 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

Be It Enacted by the Legislature of the State of Florida: 51
52
Section 1. Section 61.16, Florida Statutes, is amended to 53
read: 54
61.16 Attorney Attorney's fees, suit money, and costs.— 55
(1) The court may from time to time, after considering the 56
financial resources of both parties, order a party to pay a 57
reasonable amount for attorney attorney's fees, suit money, and 58
the cost to the other party of maintaining or defending any 59
proceeding seeking relief under this chapter, including 60
enforcement, and modification, and appellate proceedings and 61
appeals. 62
(2) An award of attorney fees, suit money, and costs, 63
whether temporary or final, may be awarded retroactively and 64
prospectively as equity requires. Attorney fees, suit money, and 65
costs incurred in pursuing an award of such fees, money, and 66
costs may be included in any award under this section. 67
(3) In those cases in which an action is brought for 68
enforcement and the court finds that the noncompliant party is 69
without justification in the refusal to follow a court order, 70
the court must may not award attorney attorney's fees, suit 71
money, and costs to the noncompliant party. 72
(4) An application for attorney attorney's fees, suit 73
money, or costs, whether temporary or final otherwise, must 74
shall not require corroborating expert testimony in order to 75

CS/CS/HB 413 2026

CODING: Words stricken are deletions; words underlined are additions.
hb413-02-c2
Page 4 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

support an award under this chapter. 76
(5) The trial court has shall have continuing jurisdiction 77
to make awards of temporary attorney attorney's fees and costs 78
awards reasonably necessary to prosecute or defend an appeal on 79
the same basis and criteria as though the matter were pending 80
before the court it at the trial level. 81
(6) In determining entitlement to, and the amount of, an 82
award of attorney fees, suit money, and costs, the court may 83
consider whether a good faith offer of settlement was rejected. 84
(7)(a) If a party, directly or through the party's 85
attorney, engages in vexatious or bad faith litigation, the 86
court may: 87
1. Award attorney fees, suit money, and costs as a 88
sanction against the opposing party; or 89
2. Deny or reduce an award of attorney fees, suit money, 90
and costs to the offending party. 91
(b) An order entered under this subsection addressing 92
vexatious or bad faith litigation must include written findings 93
identifying the specific conduct the party engaged in and the 94
reasons the court granted, denied, or reduced such fees, money, 95
and costs In all cases, the court may order that the amount be 96
paid directly to the attorney, who may enforce the order in that 97
attorney's name. 98
(8) In determining whether to make awards of attorney 99
attorney's fees and costs awards at the appellate level, the 100

CS/CS/HB 413 2026

CODING: Words stricken are deletions; words underlined are additions.
hb413-02-c2
Page 5 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

court shall primarily consider the relative financial resources 101
of the parties, unless an appellate party's cause is deemed to 102
be frivolous. 103
(9) In all cases, the court may order that the award of 104
attorney fees, suit money, and costs be paid directly to the 105
attorney, who may enforce such order in his or her name. 106
(10) In Title IV-D cases, attorney attorney's fees, suit 107
money, and costs, including filing fees, recording fees, 108
mediation costs, service of process fees, and other expenses 109
incurred by the clerk of the circuit court, shall be assessed 110
only against the nonprevailing obligor after the court makes a 111
determination of the nonprevailing obligor's ability to pay such 112
costs and fees. The Department of Revenue must shall not be 113
considered a party for purposes of this section; however, fees 114
may be assessed against the department pursuant to s. 57.105(1). 115
(11)(2) In an action brought pursuant to Rule 3.840, 116
Florida Rules of Criminal Procedure, whether denominated direct 117
or indirect criminal contempt, the court may shall have 118
authority to: 119
(a) Appoint an attorney to prosecute said contempt. 120
(b) Assess attorney attorney's fees and costs against the 121
contemnor contemptor after the court makes a determination of 122
the contemnor's contemptor's ability to pay such costs and fees. 123
(c) Order that the amount be paid directly to the 124
attorney, who may enforce the order in his or her name. 125

CS/CS/HB 413 2026

CODING: Words stricken are deletions; words underlined are additions.
hb413-02-c2
Page 6 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(12) Except in Title IV-D cases, when a party to a 126
proceeding under this chapter refuses or fails to comply with a 127
court order without proper cause and the court makes a finding 128
that the offending party is in contempt, the court must include 129
written findings of fact identifying the offending party's 130
specific willful noncompliant behavior and must order the 131
offending party to pay reasonable court costs and attorney fees 132
incurred by the nonoffending party in connection with the 133
contempt proceedings. 134
(13) The relief provided under this section is cumulative 135
to any relief or remedy available under the laws of this state 136
or the rules of court. 137
Section 2. Section 742.045, Florida Statutes, is amended 138
to read: 139
742.045 Attorney Attorney's fees, suit money, and costs.— 140
(1) The court may from time to time, after considering the 141
financial resources of both parties, order a party to pay a 142
reasonable amount for attorney attorney's fees, suit money, and 143
the cost to the other party of maintaining or defending any 144
proceeding seeking relief under this chapter, including 145
enforcement, and modification, and appellate proceedings. 146
(2) An award of attorney fees, suit money, and costs, 147
whether temporary or final, may be awarded retroactively and 148
prospectively as equity requires. Attorney fees, suit money, and 149
costs incurred in pursuing an award of such fees, money, and 150

CS/CS/HB 413 2026

CODING: Words stricken are deletions; words underlined are additions.
hb413-02-c2
Page 7 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

costs may be included in any award under this section. 151
(3) In those cases in which an action is brought for 152
enforcement and the court finds that the noncompliant party is 153
without justification in the refusal to follow a court order, 154
the court must not award attorney fees, suit money, and costs to 155
the noncompliant party. 156
(4) An application for attorney attorney's fees, suit 157
money, or costs, whether temporary or final otherwise, must 158
shall not require corroborating expert testimony in order to 159
support an award under this chapter. 160
(5) The trial court has continuing jurisdiction to make 161
awards of temporary attorney fees and costs reasonably necessary 162
to prosecute or defend an appeal on the same basis and criteria 163
as though the matter were pending before the court at the trial 164
level. 165
(6) In determining entitlement to, and the amount of, an 166
award of attorney fees, suit money, and costs, the court may 167
consider whether a good faith offer of settlement was rejected. 168
(7)(a) If a party, directly or through the party's 169
attorney, engages in vexatious or bad faith litigation, the 170
court may: 171
1. Award attorney fees, suit money, and costs as a 172
sanction against the opposing party; or 173
2. Deny or reduce an award of attorney fees, suit money, 174
and costs to the offending party. 175

CS/CS/HB 413 2026

CODING: Words stricken are deletions; words underlined are additions.
hb413-02-c2
Page 8 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(b) An order entered under this subsection addressing 176
vexatious or bad faith litigation must include written findings 177
identifying the specific conduct the party engaged in and the 178
reasons the court granted, denied, or reduced such fees, money, 179
and costs. 180
(8) In determining whether to make awards of attorney fees 181
and costs at the appellate level, the court shall primarily 182
consider the relative financial resources of the parties, unless 183
an appellate party's cause is deemed to be frivolous. 184
(9) In all cases, the court may order that the award of 185
attorney fees, suit money, and costs amount be paid directly to 186
the attorney, who may enforce such the order in his or her name. 187
(10) In Title IV-D cases, attorney fees, suit money, and 188
any costs, including filing fees, recording fees, mediation 189
costs, service of process fees, and other expenses incurred by 190
the clerk of the circuit court, shall be assessed only against 191
the nonprevailing obligor after the court makes a determination 192
of the nonprevailing obligor's ability to pay such costs and 193
fees. The Department of Revenue must shall not be considered a 194
party for purposes of this section; however, fees may be 195
assessed against the department pursuant to s. 57.105(1). 196
(11) In an action brought pursuant to Rule 3.840, Florida 197
Rules of Criminal Procedure, whether denominated direct or 198
indirect criminal contempt, the court may: 199
(a) Appoint an attorney to prosecute said contempt. 200

CS/CS/HB 413 2026

CODING: Words stricken are deletions; words underlined are additions.
hb413-02-c2
Page 9 of 9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(b) Assess attorney fees and costs against the contemnor 201
after the court makes a determination of the contemnor's ability 202
to pay such costs and fees. 203
(c) Order that the amount be paid directly to the 204
attorney, who may enforce the order in his or her name. 205
(12) Except in Title IV-D cases, if a party to a 206
proceeding under this chapter files and prevails on a motion for 207
civil contempt under any applicable provision of the Florida 208
Family Law Rules of Procedure, there is a presumption that such 209
party is entitled to recover his or her attorney fees and costs 210
from the contemnor, irrespective of such party's need and the 211
contemnor's ability to pay. 212
(13) The relief provided under this section is cumulative 213
to any relief or remedy available under the laws of this state 214
or the rules of court. 215
Section 3. The amendments made to ss. 61.16 and 742.045, 216
Florida Statutes, by this act apply to any action, including 217
those initiated by a supplemental petition, filed on or after 218
the effective date of this act. 219
Section 4. This act shall take effect upon becoming a law. 220