Florida Statutes
Fla. Stat. § 57.104 (2025)
Computation of attorney fees.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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57.104 Computation of attorney fees.—
(1) In any action in which attorney fees are to be determined or awarded by the court, the court shall consider, among other things, time and labor of any legal assistants who contributed nonclerical, meaningful legal support to the matter involved and who are working under the supervision of an attorney. For purposes of this section, “legal assistant” means a person who, under the supervision and direction of a licensed attorney, engages in legal research, and case development or planning in relation to modifications or initial proceedings, services, processes, or applications; or who prepares or interprets legal documents or selects, compiles, and uses technical information from references such as digests, encyclopedias, or practice manuals and analyzes and follows procedural problems that involve independent decisions.
(2) In any action in which attorney fees are determined or awarded by the court, there is a strong presumption that a lodestar fee is sufficient and reasonable. This presumption may be overcome only in a rare and exceptional circumstance with evidence that competent counsel could not otherwise be retained.
Notes of Decisions
Cited in 26
cases (5 in the last 5 years), 1988–2026 · leading case: Demedrano v. Labor Finders of the Treasure Coast, 8 So. 3d 498 (Fla. 1st DCA 2009).
Demedrano v. Labor Finders of the Treasure Coast, 8 So. 3d 498 (Fla. 1st DCA 2009). “*500 Analysis of the attorneys’ second argument, that paralegal time is a reimbursable cost, begins with a review of section 57.104, Florida Statutes, enacted in 1987, which reads in part: In any action in which attorneys’ fees are to be determined or awarded by the court, the…”
State Farm Mut. Auto. Ins. Co. v. Edge Fam. Chiropractic, P.A., 41 So. 3d 293 (Fla. 1st DCA 2010). “In response, Respondents cite section 57.104, Florida Statutes, which provides: In any action in which attorney’s fees are to be determined or awarded by the court, the court shall consider, among other things, time and labor of any legal assistants who contributed nonclerical,…”
Loper v. Allstate Ins. Co., 616 So. 2d 1055 (Fla. 1st DCA 1993). “104, Florida Statutes (1989), states in pertinent part: In any action in which attorneys' fees are to be determined or awarded by the court, the court shall consider, among other things, time and labor of any legal assistants who contributed nonclerical, meaningful legal support…”
Est. of Paulk v. Lindamood, 529 So. 2d 1150 (Fla. 1st DCA 1988). “[4] As it is not applicable to the instant case, we are not asked to decide what effect, if any, the enactment of Section 57.104, Florida Statutes (1987), may have on the continued vitality of the Bill Rivers rule following the effective date of the statute October 1, 1987.”
Bionetics Corp. v. Kenniasty, 69 So. 3d 943 (Fla. 2011). “Having determined that the safe harbor provision is substantive, we turn now to consider the prospective or retroactive application of section 57.104(4). Prospective or Retroactive Application of Section 57.”
C & S Chemicals, Inc. v. Mcdougald, 754 So. 2d 795 (Fla. 2d DCA 2000). “See § 57.104, Fla. Stat. (1995). Second, C & S argues that McDougald waived his right to attorney's fees under the 1996 demand and should be estopped from asserting that demand as a basis for fees.”
Dayco Prods. v. McLane, 690 So. 2d 654 (Fla. 1st DCA 1997). “Section 57.104, Florida Statutes (1991), provides that in any action in which attorney's fees are awarded, the court shall consider the "time and labor of any legal assistants who contributed nonclerical, meaningful legal support to the matter involved.”
Youngblood v. Youngblood, 91 So. 3d 190 (Fla. 2d DCA 2012). “Indeed, section 57.104, Florida Statutes (2010), provides that when awarding attorney’s fees the court must consider the time and labor of paralegals “who contributed nonclerical, meaningful legal support to the matter involved.”
Perez v. Circuit City Stores, Inc., 721 So. 2d 409 (Fla. 3d DCA 1998). “79 depends upon whether predemand costs, to which a prevailing plaintiff *411 is entitled pursuant to Section 57.104, are part of the "judgment obtained" for Section 768.”
Martin v. Laidlaw Tree Serv., Inc., 619 So. 2d 435 (Fla. 2d DCA 1993). “*440 Before the trial court orders Martin to pay the sanctions imposed, he should be given the opportunity to have a hearing to review the affidavit of Laidlaw to determine if those fees and expenses are appropriate under section 57.”
DOT v. Robbins & Robbins, Inc., 700 So. 2d 782 (Fla. 5th DCA 1997). “While the trial court is required by section 57.104 to consider time expended by legal assistants when awarding attorney's fees in eminent domain proceedings, Whitlow v.”
Munao, Munao, Munao v. Homeowners Ass'n, 740 So. 2d 73 (Fla. 4th DCA 1999). “5, section 57.104, Florida Statutes (1995), and the relevant Florida case law.”
— 57.104(1) — 1 case
Boca View Condo. Ass'n, Inc. v. Eleanor Lepselter & Edward Lepselter (Fla. 4th DCA 2024).
— 57.104(2) — 1 case
Columbus574, LLC v. Susan Deppert (Fla. 4th DCA 2026).
— 57.104(4) — 1 case
Bionetics Corp. v. Kenniasty, 69 So. 3d 943 (Fla. 2011). “Having determined that the safe harbor provision is substantive, we turn now to consider the prospective or retroactive application of section 57.104(4). Prospective or Retroactive Application of Section 57.”
— 57.104(7) — 1 case
U.S. Bank Nat'l Ass'n v. Rivabem (S.D. Fla. 2025).
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