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Florida Statute 57.071 | Lawyer Caselaw & Research
F.S. 57.071 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 57.071

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 57
COURT COSTS
View Entire Chapter
F.S. 57.071
57.071 Costs; what taxable.
(1) If costs are awarded to any party, the following shall also be allowed:
(a) The reasonable premiums or expenses paid on all bonds or other security furnished by such party.
(b) The expense of the court reporter for per diem, transcribing proceedings and depositions, including opening statements and arguments by counsel.
(c) Any sales or use tax due on legal services provided to such party, notwithstanding any other provision of law to the contrary.
(2) Expert witness fees may not be awarded as taxable costs unless the party retaining the expert witness furnishes each opposing party with a written report signed by the expert witness which summarizes the expert witness’s opinions and the factual basis of the opinions, including documentary evidence and the authorities relied upon in reaching the opinions. Such report shall be filed at least 5 days prior to the deposition of the expert or at least 20 days prior to discovery cutoff, whichever is sooner, or as otherwise determined by the court. This subsection does not apply to any action proceeding under the Florida Family Law Rules of Procedure.
History.s. 1, ch. 16246, 1933; CGL 1936 Supp. 4680(1); s. 13, ch. 67-254; s. 42, ch. 87-6; s. 5, ch. 99-225.
Note.Former s. 58.08.

F.S. 57.071 on Google Scholar

F.S. 57.071 on Casetext

Amendments to 57.071


Arrestable Offenses / Crimes under Fla. Stat. 57.071
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 57.071.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DELISLE, v. CRANE CO., 258 So. 3d 1219 (Fla. 2018)

. . . David , 979 So.2d 931 (Fla. 2008), we considered the constitutionality of section 57.071(2), Florida . . . We determined that "because section 57.071(2) only delineates the steps that a party must fulfill (i.e . . .

MICCOSUKEE TRIBE OF INDIANS OF SOUTH FLORIDA, v. BERMUDEZ,, 155 So. 3d 489 (Fla. Dist. Ct. App. 2015)

. . . .” § 57.071(l)(a), Fla. Stat. (2014). . . . amount set by the Legislature is a reasonable expense paid by a party to furnish security under section 57.071 . . .

AULET, v. M. CASTRO f k a M., 44 So. 3d 140 (Fla. Dist. Ct. App. 2010)

. . . David, 979 So.2d 931, 936 (Fla.2008), the Florida Supreme Court addressed whether section 57.071(2), . . . Section 57.071(2) provides: Expert witness fees may not be awarded as taxable costs unless the party . . .

MASSEY, v. F. DAVID,, 979 So. 2d 931 (Fla. 2008)

. . . I respectfully disagree with the majority’s conclusion that section 57.071(2), Florida Statutes (1999 . . . We must therefore decide whether section 57.071(2) “creates, defines, and regulates rights.” . . . The two statutes — sections 57.071(2) and 92.231(2) — must be read in pari materia. . . . A litigant can certainly comply with both section 57.071(2) and rule 1.280. . . . Therefore, section 57.071(2) does not conflict with rule 1.525. . . . Id. at 601-02 (quoting § 57.071(2), Fla. Stat. (1999)). . . . ANALYSIS In 2002, the Fourth District in Cort expressly held section 57.071(2) to be unconstitutional . . . Likewise, here, section 57.071(2) does not create a right to recover expert witness fees, but rather . . . Nevertheless, due to the purely procedural nature of section 57.071(2), we are compelled to find that . . . In 1999, section 57.071(2) was enacted to provide: Expert witness fees may not be awarded as taxable . . .

MASSEY, v. F. DAVID,, 953 So. 2d 599 (Fla. Dist. Ct. App. 2007)

. . . trial court erred in awarding David costs for expert witnesses that were not authorized by section 57.071 . . . Section 57.071(2), Florida Statutes, provides: Expert witness fees may not be awarded as taxable costs . . . At no point during the hearing or in the order on appeal did the trial court mention Cort or section 57.071 . . . As the Fourth District explained, “section 57.071(2) does not create a right to recover expert witness . . . Cf. § 57.071, Fla. . . .

ROSEN BUILDING SUPPLIES, INC. A v. P. KRUPA,, 927 So. 2d 899 (Fla. Dist. Ct. App. 2005)

. . . award attorney’s fees based on section 448.08, Florida Statutes, and costs based on sections 57.041 and 57.071 . . .

L. ROCK L. v. PRAIRIE BUILDING SOLUTIONS, INC. a, 854 So. 2d 722 (Fla. Dist. Ct. App. 2003)

. . . Section 57.071, Florida Statutes (2000), provides in part: (1) If costs are awarded to any party, the . . .

TACHER, v. MATHEWS, 845 So. 2d 332 (Fla. Dist. Ct. App. 2003)

. . . . § 57.071(1), Fla. Stat. (1995). . . .

ESTATE OF CORT, v. BROWARD COUNTY SHERIFF, 807 So. 2d 736 (Fla. Dist. Ct. App. 2002)

. . . intervened in the, trial below and now cross-appeals, challenging the constitutionality of section 57.071 . . . The procedural nature of section 57.071(2) We agree with Allstate’s argument that section 57.071(2) is . . . Likewise, here, section 57.071(2) does not create a right to recover expert witness fees, but rather . . . Nevertheless, due to the purely procedural nature of section 57.071(2), we are compelled to find that . . . Section 57.071(2) provides: Expert witness fees may not be awarded as taxable costs unless the party . . .

A. BAKER, d b a v. FALCON POWER, INC., 788 So. 2d 1104 (Fla. Dist. Ct. App. 2001)

. . . erred in awarding Falcon Power an expert witness fee because Falcon Power failed to comply with section 57.071 . . .

REINKE, v. WAL- MART STORES, INC. a, 773 So. 2d 592 (Fla. Dist. Ct. App. 2000)

. . . Eight months later, on June 4, 1999, Wal-Mart filed a motion to tax costs under section 57.071, Florida . . . Section 57.071 provides what costs are taxable once they are awarded. . . . .

OKEELANTA CORPORATION, v. BYGRAVE, v., 727 So. 2d 950 (Fla. Dist. Ct. App. 1997)

. . . West, 120 So.2d 233 (Fla. 2d DCA 1960); § 57.071(1), Fla. Stat. (1995). POLEN, J., concurs. . . .

WALLER a v. A. BAXLEY, K. a a, 565 So. 2d 808 (Fla. Dist. Ct. App. 1990)

. . . Pursuant to section 57.071(2) Florida Statutes (1989), and Wilkins v. . . . Section 57.071(3), Florida Statutes (1989), specifically states that any sales tax shall be awarded to . . .

HOOPES, v. HOOPES,, 525 So. 2d 1015 (Fla. Dist. Ct. App. 1988)

. . . Section 57.071(3), Florida Statutes (1987), provides in pertinent part that if costs are awarded to any . . .

GOLDEN CLEAVER PACKING, INC. v. G M HUGHES CORPORATION d b a, 490 So. 2d 1381 (Fla. Dist. Ct. App. 1986)

. . . . § 57.071(2), Fla.Stat. . . . .

QUINLIVAN v. UNITED BUSINESS INVESTMENTS, INC., 420 So. 2d 329 (Fla. Dist. Ct. App. 1982)

. . . See §§ 57.041 and 57.071, Fla.Stat. (1981). . . .

E. SCHUMACHER, v. O. WELLMAN, Jr. S. LOST TREE VILLAGE CORPORATION, v. O. WELLMAN, Jr. S. E., 415 So. 2d 120 (Fla. Dist. Ct. App. 1982)

. . . These costs are authorized by Section 57.071(2), Florida Statutes (1981), which provides that “[i]f costs . . .

WEISS, v. TURTLETAUB,, 386 So. 2d 1245 (Fla. Dist. Ct. App. 1980)

. . . prevailed as, in our view, such a cost served a useful purpose and was, therefore, taxable under Section 57.071 . . .

J. BAYA v. REVITZ,, 363 So. 2d 44 (Fla. Dist. Ct. App. 1978)

. . . collateral deposited in lieu of a surety bond is not allowable as costs under the provisions of Section 57.071 . . .

INSURANCE COMPANY OF NORTH AMERICA, a v. H. TWITTY,, 319 So. 2d 141 (Fla. Dist. Ct. App. 1975)

. . . number 4 in the amount of $135.00 for cost of court reporter’s expenses for attendance at trial, F.S. 57.071 . . .

DORAN, v. STATE, 296 So. 2d 86 (Fla. Dist. Ct. App. 1974)

. . . , Fla.1973, 282 So.2d 873. .While not raised by either party, an argument could also be made that § 57.071 . . .

ST. PETERSBURG SHERATON CORPORATION, v. H. STUART P., 242 So. 2d 185 (Fla. Dist. Ct. App. 1970)

. . . . § 57.071, F.S.A., “to give a carte blanche to the taking of depositions and assessing them against . . .

K. WILKINS, v. SUPERX DRUGS OF FLORIDA, INC. P. d b a C. E., 232 So. 2d 19 (Fla. Dist. Ct. App. 1970)

. . . F.S.1967 57.071, F.S.A. states: “If costs are awarded to any party the following shall also be allowed . . .

BRYANT, v. L. SWARTS a, 227 So. 2d 715 (Fla. Dist. Ct. App. 1969)

. . . F.S.1967, Section 57.071(2), F.S.A. . . .

RIVENBARK, Jr. E. D. v. JOHNS, RIVENBARK, Jr. E. D. v. JOHNS,, 211 So. 2d 233 (Fla. Dist. Ct. App. 1968)

. . . It is Rivenbark’s position that Section 57.071, Florida Statutes, F.S.A., as amended in 1967, mandatorily . . .