Florida 2026 Session Status: Introduced 1 R cosponsors

SB 644 — Attorney Fees, Suit Money, and Costs

Last action — Died in Rules

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the Senate. Introduced November 21, 2025. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Prognosis

Stalled 28% · moderate confidence

  • Introduced

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Attorney Fees, Suit Money, and Costs; 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.

Bill Text

What changed in the latest version

149 added · 183 removed

149 line(s) added, 183 removed.

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Florida Senate - 2026 CS for CS for SB 644 By the Appropriations Committee on Criminal and Civil Justice;
Florida Senate - 2026 CS for SB 644 By the Committee on Judiciary;
the Committee on Judiciary;
and Senator Grall 590-02735-26 2026644c1 A bill to be entitled An act relating to attorney fees, suit money, and costs;
and Senator Grall 604-02975-26 2026644c2 A bill to be entitled An act relating to attorney fees, suit money, and costs;
prohibiting the award of attorney fees, suit money, and costs under certain circumstances;
providing that payment of support owed to the obligee has priority over fees, costs, and expenses;
providing that a trial court has continuing jurisdiction for certain purposes;
requiring the court to consider the relative financial resources of the parties for certain purposes;
requiring the court to make certain written findings;
providing an exception;
providing that payment of support owed to the obligee has priority over fees, costs, and expenses;
providing that attorney fees and suit money may be assessed only under certain circumstances;
authorizing the court to take certain actions in criminal contempt proceedings;
Page 1 of 6 CODING:
Section 1.
Section 61.16, Florida Statutes, is amended to read:
61.16 Attorney Attorney’s fees, suit money, and costs.— (1) The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding seeking relief under this chapter, including Page 1 of 5 CODING:
Florida Senate - 2026 CS for CS for SB 644 604-02975-26 2026644c2 Section 1.
Florida Senate - 2026 CS for SB 644 590-02735-26 2026644c1 enforcement, and modification, and appellate proceedings and appeals.
Section 61.16, Florida Statutes, is amended to read:
61.16 Attorney Attorney’s fees, suit money, and costs.— (1) The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding seeking relief under this chapter, including enforcement, and modification, and appellate proceedings and appeals.
(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 may not award attorney attorney’s fees, suit money, and costs to the noncompliant party in the enforcement action.
(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 may not award attorney attorney’s fees, suit money, and costs to the noncompliant party.
Page 2 of 6 CODING:
(6) In determining entitlement to, and the amount of, an award of attorney fees, suit money, and costs, the court may consider whether a good faith offer of settlement was rejected.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for CS for SB 644 604-02975-26 2026644c2 (6) In determining the amount of an award of attorney fees, suit money, and costs, the court may consider whether a good faith offer of settlement was rejected.
Deny or reduce an award of attorney fees, suit money, and costs to the offending party.
Deny or reduce an award of attorney fees, suit money, Page 2 of 5 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 644 590-02735-26 2026644c1 and costs to the offending party.
(10) In Title IV-D cases, attorney attorney’s fees, suit money, and costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses Page 3 of 6 CODING:
(10) In Title IV-D cases, attorney attorney’s fees, suit money, and costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees.
Words stricken are deletions;
The Department of Revenue shall not be considered a party for purposes of this section;
words underlined are additions.
Florida Senate - 2026 CS for CS for SB 644 604-02975-26 2026644c2 incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees.
The Department of Revenue may shall not be considered a party for purposes of this section;
(11)(2) In an action brought pursuant to Rule 3.840, Florida Rules of Criminal Procedure, whether denominated direct or indirect criminal contempt, the court may shall have authority to:
(11)(2) In an action brought pursuant to Rule 3.840, Florida Rules of Criminal Procedure, whether denominated direct Page 3 of 5 CODING:
(a) Appoint an attorney to prosecute such said contempt.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 644 590-02735-26 2026644c1 or indirect criminal contempt, the court may shall have authority to:
(a) Appoint an attorney to prosecute said contempt.
Attorney fees, suit money, and costs incurred in pursuing an award of such fees, money, and Page 4 of 6 CODING:
Attorney fees, suit money, and costs incurred in pursuing an award of such fees, money, and costs may be included in any award under this section.
(3) An application for attorney attorney’s fees, suit money, or costs, whether temporary or final otherwise, may shall not require corroborating expert testimony in order to support an award under this chapter.
(4) In determining entitlement to, and the amount of, an award of attorney fees, suit money, and costs, the court may consider whether a good faith offer of settlement was rejected.
Page 4 of 5 CODING:
Florida Senate - 2026 CS for CS for SB 644 604-02975-26 2026644c2 costs may be included in any award under this section.
Florida Senate - 2026 CS for SB 644 590-02735-26 2026644c1 (5)(a) If a party directly engages in vexatious or bad faith litigation, the court may:
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(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 may not award attorney fees, suit money, and costs to the noncompliant party in the enforcement action.
(4) An application for attorney attorney’s fees, suit money, or costs, whether temporary or final otherwise, may shall not require corroborating expert testimony in order to support an award under this chapter.
(5) The trial court has continuing jurisdiction to make temporary attorney 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 it at the trial level.
(6) In determining the amount of an award of attorney fees, suit money, and costs, the court may consider whether a good faith offer of settlement was rejected.
(7)(a) If a party directly engages in vexatious or bad faith litigation, the court may:
(8) In determining whether to make attorney fees and costs Page 5 of 6 CODING:
(6) The court may order that the amount of the attorney fees, suit money, and costs be paid directly to the attorney, who may enforce the order in his or her name.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for CS for SB 644 604-02975-26 2026644c2 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 be frivolous.
(9) In all cases, the court may order that the award of attorney fees, suit money, and costs amount be paid directly to the attorney, who may enforce the order in his or her name.
(10) In Title IV-D cases, attorney fees, suit money, and any costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees.
(7) In Title IV-D cases, any costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees.
(11) In an action brought pursuant to Rule 3.840, Florida Rules of Criminal Procedure, whether denominated direct or indirect criminal contempt, the court may:
(a) Appoint an attorney to prosecute such contempt.
(b) Assess attorney fees and costs against the contemnor after the court makes a 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.
Page 6 of 6 CODING:
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Action History

  1. Died in Rules

  2. CS/CS by Appropriations Committee on Criminal and Civil Justice read 1st time

  3. Now in Rules

  4. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  5. CS by Judiciary read 1st time

  6. CS/CS by Appropriations Committee on Criminal and Civil Justice; YEAS 7 NAYS 0

  7. On Committee agenda-- Appropriations Committee on Criminal and Civil Justice, 02/18/26, 10:30 am, 37 Senate Building

  8. Now in Appropriations Committee on Criminal and Civil Justice

  9. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  10. CS by Judiciary; YEAS 11 NAYS 0

  11. On Committee agenda-- Judiciary, 02/10/26, 12:00 pm, 110 Senate Building

  12. Introduced

  13. Referred to Judiciary; Appropriations Committee on Criminal and Civil Justice; Rules

  14. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable with Committee Substitute

Passed 7 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 2000
Republican 5001
Total 7001
% of votes cast 88%0%0%13%
How each member voted (8)
Member Party Vote
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Yea
Garcia, Ileana Republican Yea
Martin, Jonathan Republican Yea
Simon, Corey Republican Yea
Smith, David Republican Yea
Wright, Tom A. Republican Not Voting
Yarborough, Clay Republican Yea

Official roll call →

Subjects

finance civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 644 do?
Attorney Fees, Suit Money, and Costs; 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.
Who sponsors SB 644?
SB 644 is sponsored by Grall, Erin (Republican).
What is the current status of SB 644?
This bill has been introduced in the Senate. Introduced November 21, 2025. It must pass committee before a floor vote.
Where can I track SB 644?
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