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Committee adopts amendment and advances bill to codify attorney‑fee sanctions in family law
Summary
CS for HB413, which would codify case law on awarding attorney fees to deter vexatious family‑law litigation, was reported favorably as amended after the committee added language tying fee sanctions to conduct 'in connection with' contemptuous behavior.
The House Judiciary Committee on Wednesday reported CS for HB413 favorably as amended. Ranking Member Jim Gottlieb, sponsor of the bill, said it codifies existing case law (citing Rosen v. Rosen and Mokeley) to give trial courts clearer authority to award attorneys’ fees retroactively and prospectively to address vexatious or bad‑faith family‑law litigation.
During committee consideration an amendment (barcode 009993) was adopted to add the words "in connection with," clarifying that any additional fees imposed for contemptuous behavior must be tied to the contemptuous conduct. Kimberly Rommel Enright of the Family Law Section of the Florida Bar waived in support of the amendment and the bill.
Members who practice family law described the bill as technical but useful to reduce protracted litigation and incentivize settlement. The committee adopted the amendment and then reported the bill favorably as amended (21 yays, 0 nays).
The committee record shows the bill is intended to codify and standardize existing judicial practice rather than expand new sanctions; sponsors and supporters said the bill requires written findings when fees are imposed and asks judges to consider equitable factors.
