HB 413 — Attorney Fees, Suit Money, and Costs

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 CS/CS/HBCS/HB 413 2026 A bill to be entitled An act relating to attorney fees, suit money, and costs;

requiringproviding thea courtpresumption tothat include certain writtenparties findingsare ofentitled factto whenrecover theattorney courtfees findsand acosts partyunder incertain contempt;circumstances;

providing for the award of attorney fees and costs to a nonoffending party under certain circumstances;

providing that an award of attorney fees, suit money, and costs may be awarded Pageretroactively 1and ofprospectively; 9 CODING:

prohibiting a court from awarding Page 1 of 9 CODING:

hb413-02-c2hb413-01-c1 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 CS/CS/HBCS/HB 413 2026 retroactivelyattorney fees, suit money, and prospectively;costs to a noncompliant party under certain circumstances;

prohibiting a court from awarding attorney fees, suit money, and costs to a noncompliant party under certain circumstances;

Be It Enacted by the Legislature of the State of Florida:

hb413-02-c2hb413-01-c1 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 CS/CS/HBCS/HB 413 2026 BeSection It1. Enacted by the Legislature of the State of Florida:

Section 1.

(4) An application for attorney attorney's fees, suit money, or costs, whether temporary or final otherwise, must shall not require corroborating expert testimony in order to Pagesupport 3an ofaward 9under CODING:this chapter.

(5) The trial court has shall have continuing jurisdiction Page 3 of 9 CODING:

hb413-02-c2hb413-01-c1 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 CS/CS/HBCS/HB 413 2026 supportto make awards of temporary attorney attorney's fees and costs awards reasonably necessary to prosecute or defend an awardappeal underon thisthe chapter.same basis and criteria as though the matter were pending before the court it at the trial level.

(5) The trial court has shall have continuing jurisdiction to make awards of temporary attorney attorney's fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before the court it at the trial level.

(8) In determining whether to make awards of attorney attorney's fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party's cause is deemed to Page 4 of 9 CODING:

hb413-02-c2hb413-01-c1 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 CS/CS/HBCS/HB 413 2026 court shall primarily consider the relative financial resources of the parties, unless an appellate party's cause is deemed to be frivolous.

(12) Except in Title IV-D cases, if a party to a proceeding under this chapter files and prevails on a motion for Page 5 of 9 CODING:

hb413-02-c2hb413-01-c1 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 CS/CS/HBCS/HB 413 2026 (12)civil Exceptcontempt in Title IV-D cases, when a party to a proceeding under thisany chapterapplicable refusesprovision orof failsthe toFlorida complyFamily withLaw aRules courtof orderProcedure, withoutthere properis cause and the court makes a findingpresumption that thesuch offending party is inentitled contempt,to therecover courthis mustor includeher writtenattorney findingsfees ofand factcosts identifyingfrom the offendingcontemnor, party'sirrespective specificof willfulsuch noncompliantparty's behaviorneed and must order the offendingcontemnor's partyability to paypay. reasonable court costs and attorney fees incurred by the nonoffending party in connection with the contempt proceedings.

Attorney fees, suit money, and costs incurred in pursuing an award of such fees, money, and Pagecosts 6may ofbe 9included CODING:in any award under this section.

(3) In those cases in which an action is brought for enforcement and the court finds that the noncompliant party is without justification in the refusal to follow a court order, Page 6 of 9 CODING:

hb413-02-c2hb413-01-c1 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 CS/CS/HBCS/HB 413 2026 coststhe maycourt bemust includednot inaward anyattorney awardfees, undersuit thismoney, section.and costs to the noncompliant party.

(3) In those cases in which an action is brought for enforcement and the court finds that the noncompliant party is without justification in the refusal to follow a court order, the court must not award attorney fees, suit money, and costs to the noncompliant party.

(b) An order entered under this subsection addressing vexatious or bad faith litigation must include written findings identifying the specific conduct the party engaged in and the reasons the court granted, denied, or reduced such fees, money, Page 7 of 9 CODING:

hb413-02-c2hb413-01-c1 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 CS/CS/HBCS/HB 413 2026 (b) An order entered under this subsection addressing vexatious or bad faith litigation must include written findings identifying the specific conduct the party engaged in and the reasons the court granted, denied, or reduced such fees, money, and costs.

Page(b) 8Assess attorney fees and costs against the contemnor after the court makes a determination of 9the CODING:contemnor's ability to pay such costs and fees.

(c) Order that the amount be paid directly to the Page 8 of 9 CODING:

hb413-02-c2hb413-01-c1 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 CS/CS/HBCS/HB 413 2026 (b)attorney, Assesswho attorneymay feesenforce and costs against the contemnororder afterin thehis courtor makesher aname. determination of the contemnor's ability to pay such costs and fees.

(c) Order that the amount be paid directly to the attorney, who may enforce the order in his or her name.

hb413-02-c2hb413-01-c1