Florida Statute 73.091 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

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F.S. 73.091

73.091 Costs of the proceedings.—

(1) The petitioner shall pay attorney’s fees as provided in s. 73.092 as well as all reasonable costs incurred in the defense of the proceedings in the circuit court, including, but not limited to, reasonable appraisal fees and, when business damages are compensable, a reasonable accountant’s fee, to be assessed by that court. No prejudgment interest shall be paid on costs or attorney’s fees.

(2) At least 30 days prior to a hearing to assess costs under this section, the condemnee’s attorney shall submit to the condemning authority for each expert witness complete time records and a detailed statement of services rendered by date, nature of services performed, time spent performing such services, and costs incurred, and a copy of any fee agreement which may exist between the expert and the condemnee or the condemnee’s attorney.

(3) In assessing costs, the court shall consider all factors relevant to the reasonableness of the costs, including, but not limited to, the fees paid to similar experts retained in the case by the condemning authority or other parties and the reasonable costs of similar services by similarly qualified persons.

(4) In assessing costs to be paid by the petitioner, the court shall be guided by the amount the defendant would ordinarily have been expected to pay for the services rendered if the petitioner were not responsible for the costs.

(5) The court shall make specific findings that justify each sum awarded as an expert witness fee.

History.—s. 1, ch. 65-369; s. 2, ch. 87-148; s. 52, ch. 90-136; s. 1, ch. 90-303; s. 2, ch. 94-162; s. 60, ch. 99-385.

F.S. 73.091 on Google Scholar

F.S. 73.091 on Casetext

Amendments to 73.091

Arrestable Offenses / Crimes under Fla. Stat. 73.091

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 73.091.

Annotations, Discussions, Cases:

Cases Citing Statute 73.091

Total Results: 20

General Commercial Properties, Inc. v. State of Florida Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-14T00:00:00-07:00

Citation: 178 So. 3d 439, 2015 Fla. App. LEXIS 15245

Snippet: 442 the property owner’s attorney’s fees. § 73.091, Fla. Stat. (2012).' Before seeking to acquire

Caribbean Condominium v. City of Flagler Beach

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-18T00:00:00-07:00

Citation: 178 So. 3d 426, 2015 Fla. App. LEXIS 13903, 2015 WL 5456819

Snippet: proceedings in the circuit court.” § 73.091(1), Fla. Stat. Section 73.091 has been found by this court to …inverse condemnation action is governed by section 73.091, Florida Statutes (2010). That section provides…248. However, we see no reason to apply section 73.091 in an inverse condemnation action where, as in …omitted). Thus, Gefen strongly suggests that section 73.091 (the eminent domain provision regarding the imposition…trial court erred in its determination that section 73.091, rather than section 67.041, governed the City’

Woodbridge Holdings, LLC v. Prescott Group Aggressive Small Cap Master Fund, G.P., Ravenswood Investments III, L.P., The Ravenswood Investment Company, L.P., William J. Maeck

Court: Fla. Dist. Ct. App. | Date Filed: 2015-08-12T00:53:00-07:00

Snippet: consultant were not recoverable under section 73.091, which authorizes an award of costs in eminent

Woodbridge Holdings, LLC v. Prescott Group Aggressive Small Cap Master Fund, G.P.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-08-12T00:00:00-07:00

Citation: 193 So. 3d 2, 2015 Fla. App. LEXIS 11964, 2015 WL 4747174

Snippet: litigation consultant were not recoverable under section 73.091, which authorizes an award of costs in eminent

Florida Department of Agriculture & Consumer Services v. Bogorff

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-20T00:00:00-08:00

Citation: 132 So. 3d 249, 2013 WL 6082242, 2013 Fla. App. LEXIS 18418

Snippet: using the “benefits achieved” standard of section 73.091, Florida Statutes (2009), when the Department made…determined within the statutory framework of section 73.091 and 73.092. Id. *254Section 73.092 contains two… the fee owner’s statutory rights under section 73.091 and 73.092. § 73.015(l)(a), Fla. Stat. (2009). …awarded in condemnation proceedings under section 73.091, Florida Statutes (1993). In Department of Transportation…for testifying regarding amount of fee). Section 73.091(1) supports this view, as it allows fees incurred

Delmonico v. Crespo

Court: Fla. Dist. Ct. App. | Date Filed: 2012-12-05T00:00:00-08:00

Citation: 127 So. 3d 576, 2012 WL 6027800, 2012 Fla. App. LEXIS 20892

Snippet: litigation consultant were not recoverable under section 73.091, which authorizes an award of costs in eminent

Board of Supervisors v. State, Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-28T00:00:00-08:00

Citation: 103 So. 3d 218, 2012 Fla. App. LEXIS 20447

Snippet: attorneys’ fees and costs pursuant to sections 73.091 and 73.092, Florida Statutes (2001). Without objection

Jacksonville Transportation Authority v. Titus Harvest Dome Spectrum Church, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-01T00:00:00-07:00

Citation: 87 So. 3d 1290, 2012 WL 1959373, 2012 Fla. App. LEXIS 8817

Snippet: domain proceeding instituted pursuant to section 73.091, Florida Statutes (2008). A portion of the costs

Department of Children & Family Services v. K.D.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-09T00:00:00-07:00

Citation: 88 So. 3d 977, 2012 WL 1605425

Snippet: Tex.App. Jan. 8, 1998), with In re S.H.A., 728 S.W.2d 73, 91-92 (Tex.App.1987). No. 2D10-3474 District

Pompano Beach Community Redevelopment Agency v. Holland

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-14T00:00:00-07:00

Citation: 82 So. 3d 1034, 2011 WL 4056251, 2011 Fla. App. LEXIS 14568

Snippet: property owner's statutory rights under sections 73.091 and 73.092, Florida Statutes (2008). . If the

Florida Department of Agriculture and Consumer Services v. Cox

Court: Fla. Dist. Ct. App. | Date Filed: 2011-01-26T00:00:00-08:00

Citation: 54 So. 3d 1026, 2011 Fla. App. LEXIS 539, 2011 WL 222170

Snippet: 919 So.2d 476, 480 (Fla. 3d DCA 2005). Sections 73.091 and 73.092 *1027 specifically relate to condemnation

Calhoun, Dreggors & Associates v. Volusia County

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-31T00:00:00-08:00

Citation: 26 So. 3d 624, 2009 Fla. App. LEXIS 20533, 2009 WL 5150087

Snippet: attorney's fee awards in three sections: 73.015, 73.091 and 73.092. Section 73.015(4) states, in pertinent…recover costs in the same manner as provided in s. 73.091 and attorney's fees in the same manner as …thing implies the exclusion of another). Section 73.091(1) states in pertinent part that: "The petitioner…which entitlement to fees is established by section 73.091(1)but no method for determining the amount of

Pinnacle Floor Covering, Inc. v. Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-07T00:00:00-07:00

Citation: 16 So. 3d 919, 2009 Fla. App. LEXIS 10968, 2009 WL 2408338

Snippet: support of a business damage claim under section 73.091, Florida Statutes (2004), unless the defendant …on appeal involves the interpretation of section 73.091(1), which states: The petitioner shall pay attorney… the state. 748 So.2d at 1052. Although section 73.091 could be better drafted, strictly construed, it…"business damages are compensable." § 73.091(1). The trial court can enter a judgment compensating…Fla.2009). [2] The express language of section 73.091 appears to require the condemning authority to

Barco v. School Bd. of Pinellas County

Court: Fla. | Date Filed: 2008-02-06T23:53:00-08:00

Citation: 975 So. 2d 1116

Snippet: These fees are not at issue here. Under section 73.091(1), Florida Statutes (2004), the condemning authority

State, Department of Transportation v. Lockhart

Court: Fla. Dist. Ct. App. | Date Filed: 2005-09-02T00:00:00-07:00

Citation: 909 So. 2d 590, 2005 Fla. App. LEXIS 13876, 2005 WL 2104921

Snippet: pertains to eminent domain proceedings. Section 73.091(1) of the Florida Statutes authorizes Florida’s… its experts for their efforts, because section 73.091 required the condemning authority to pay, and thus…recover attorney’s fees and costs under section 73.091(1) is a “supplemental proceeding” under section

State Dept. of Transp. v. NASSAU PARTNERS

Court: Fla. Dist. Ct. App. | Date Filed: 2004-08-10T00:53:00-07:00

Citation: 878 So. 2d 1286

Snippet: awards therein entered, as required by section 73.091(5), Florida Statutes (2001). Following the entry… its experts for their efforts, because section 73.091 required the condemning authority to pay, and thus…recover attorney's fees and costs under section 73.091(1) is a "supplemental proceeding" under…failing to make the findings required by section 73.091(5), when it entered the order granting the motion…reasonable costs as to parcels 209/805. Section 73.091(5) specifically states: "The court shall make

Bay III, Inc. v. Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-04T00:00:00-07:00

Citation: 873 So. 2d 625, 2004 Fla. App. LEXIS 7917, 2004 WL 1219337

Snippet: the costs of their experts pursuant to section 73.091(1), Florida Statutes (2001). For the reasons expressed

Wight v. Wight

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-28T00:53:00-07:00

Citation: 880 So. 2d 692

Snippet: . 5th DCA 1997) (barring fees for fees under §§ 73.091 and 73.092, Fla. Stat. (1993), in eminent domain

Robbins v. Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-24T00:00:00-08:00

Citation: 874 So. 2d 615, 2004 Fla. App. LEXIS 3768

Snippet: recover the cost of her experts pursuant to section 73.091(1), Florida Statutes (2001). For the reasons expressed

Enterprising Professional Investment Corp. v. Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-05T00:00:00-08:00

Citation: 882 So. 2d 1014, 2004 Fla. App. LEXIS 2688, 2004 WL 401573

Snippet: to recover the cost of its experts under section 73.091(1), Florida Statutes (2001). We conclude that those…tax its attorney’s fees and costs under section 73.091(1). Among other things, EPIC sought to recover