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Bill Summary · HB 413

Summary of HB 413: Attorney Fees, Suit Money, and Costs

Bill Information:
- Bill Number: HB 413
- Title: Attorney Fees, Suit Money, and Costs
- Status: Filed
- Introduced: November 13, 2025

Purpose and Intent

HB 413 aims to amend existing Florida statutes regarding the awarding of attorney fees, suit money, and costs in legal proceedings. The bill seeks to clarify and expand the circumstances under which courts can award these fees, particularly in family law and enforcement cases, including appellate proceedings.

Key Provisions

The bill proposes several significant changes to Florida Statutes, specifically sections 61.16 and 742.045:

  1. Authority to Award Fees:

    • Courts are authorized to award attorney fees, suit money, and costs in appellate proceedings, in addition to trial-level cases.
    • Awards can be made both retroactively and prospectively based on equitable considerations.

  2. Inclusion of Costs:

    • The bill allows for the inclusion of various costs associated with legal proceedings, including those incurred while pursuing an award for attorney fees.

  3. Consideration of Settlement Offers:

    • Courts may consider whether a party rejected a good faith offer of settlement when determining the entitlement and amount of awarded fees.

  4. Sanctions for Bad Faith Litigation:

    • If a party engages in vexatious or bad faith litigation, the court may impose sanctions, including awarding fees to the opposing party or reducing fees for the offending party.
    • Written findings must be provided to justify any such decisions.

  5. Direct Payment to Attorneys:

    • Courts can order that awarded fees be paid directly to the attorney, who may enforce the order in their name.

  6. Applicability in Title IV-D Cases:

    • In cases related to child support enforcement (Title IV-D), fees and costs will be assessed against the nonprevailing party after evaluating their ability to pay.

Impact

  • Who is Affected:

    • This bill primarily affects parties involved in family law and enforcement proceedings in Florida, including those engaged in appellate litigation.
    • Attorneys representing clients in these cases will also be impacted, as the bill facilitates direct payment of fees.

  • Financial Considerations:

    • The bill aims to ensure that parties with fewer financial resources can still access legal representation by allowing courts to award fees based on financial circumstances.

Procedural Aspects

  • Effective Date: The bill does not specify an effective date in the provided text, but typically, such legislation would take effect upon becoming law or as specified within the bill.
  • Legislative Actions: The bill was filed on November 13, 2025, and is currently in the legislative process.

In summary, HB 413 seeks to enhance the fairness and accessibility of legal proceedings in Florida by clarifying the rules surrounding the awarding of attorney fees and costs, thereby potentially reducing barriers for individuals seeking legal relief.

Compiled from official sources — confirm details with the bill’s official record.

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