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Fla. Stat. § 73.091 (2025)

Costs of the proceedings.

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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.
Notes of Decisions
Cited in 86 cases (3 in the last 5 years), 1966–2024 · leading case: State Dept. of Transp. v. NASSAU PARTNERS, 878 So. 2d 1286 (Fla. 1st DCA 2004).
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State Dept. of Transp. v. NASSAU PARTNERS, 878 So. 2d 1286 (Fla. 1st DCA 2004). · cites it 7× “In regard to the second motion, DOT disputed its responsibility to pay attorney fees and expert witness fees incurred in litigating the motion for costs, on the ground that the owner had no contractual obligation to pay its experts for their efforts, because section 73.”
Schick v. Dept. of Agric. & Cons. Servs., 599 So. 2d 641 (Fla. 1992). · cites it 12× “In their complaint, the Schicks requested that costs, including reasonable attorney's fees, be assessed against the Department pursuant to section 73.091, Florida Statutes (1987). [3] The trial court awarded attorney's fees of 800 hours at 0 per hour at the trial level, and…”
Stand. Guar. Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990). · cites it 2× “[8] § 73.091, Fla. Stat. (1987). [9] § 733.106, Fla.”
Seminole Cnty. v. Chandrinos, 816 So. 2d 1241 (Fla. 5th DCA 2002). · cites it 7× “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.”
Barco v. Sch. Bd. of Pinellas Cnty., 975 So. 2d 1116 (Fla. 2008). · cites it 2× “Under section 73.091(1), Florida Statutes (2004), the condemning authority was required to pay attorneys' fees and reasonable costs incurred in the circuit court eminent domain proceedings.”
Est. of Hampton v. Fairchild-Fla. Const. Co., 341 So. 2d 759 (Fla. 1976). · cites it 3× “1967) (on rehearing 1968) (citation omitted) There is no contract here nor any equitable fund or estate, but appellee argues that Section 73.091, Florida Statutes (1975), authorizes the award of attorneys' fees in proceedings to establish statutory ways of necessity.”
Florida Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). “(1983) (attorney fees assessed against insurer), and §§ 73.091, 73.092, and 73.131, Fla. Stat.”
Seminole Cnty. v. Butler, 676 So. 2d 451 (Fla. 5th DCA 1996). · cites it 4× “See § 73.091, Fla.Stat. (Supp.1994). This added language has provided some clarity as to what type of legal work is compensable under the statute.”
Dep't of Transp. v. JACK'S QUICK CASH, 748 So. 2d 1049 (Fla. 5th DCA 1999). · cites it 11× “However, the court retained jurisdiction to determine the costs to be awarded to Bill Brown under section 73.091, Florida Statutes (1991). Bill Brown appealed the final judgment, but this court affirmed.”
Zuberbuhler v. Div. of Admin., 344 So. 2d 1304 (Fla. 2d DCA 1977). · cites it 2× “See also, Section 73.091, Florida Statutes, which requires the condemning authority to pay all reasonable costs, including attorneys' fees, incurred by a land owner in these court proceedings.”
Boulis v. Florida Dept. of Transp., 733 So. 2d 959 (Fla. 1999). · cites it 2× “Further, the governing statute, section 73.091, Florida Statutes (1997), provides for the payment of all "reasonable" expenses; it does not prohibit the payment of interest within the meaning of "reasonable.”
City of Hallandale v. Chatlos, 236 So. 2d 761 (Fla. 1970). · cites it 4× “The provision is now Fla. Stat. § 73.091 , F.S.A. A reading of the pertinent statutory provision reveals that the Legislature intended that attorneys' fees be considered part of the costs of the proceeding, that the fees be assessed by the court, and that all reasonable costs be…”
Show all 86 citing cases →
— 73.091(1) — 15 cases
Barco v. Sch. Bd. of Pinellas Cnty., 975 So. 2d 1116 (Fla. 2008). “Under section 73.091(1), Florida Statutes (2004), the condemning authority was required to pay attorneys' fees and reasonable costs incurred in the circuit court eminent domain proceedings.”
Seminole Cnty. v. Chandrinos, 816 So. 2d 1241 (Fla. 5th DCA 2002). “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.”
State Dept. of Transp. v. NASSAU PARTNERS, 878 So. 2d 1286 (Fla. 1st DCA 2004). “In regard to the second motion, DOT disputed its responsibility to pay attorney fees and expert witness fees incurred in litigating the motion for costs, on the ground that the owner had no contractual obligation to pay its experts for their efforts, because section 73.”
DOT v. Robbins & Robbins, Inc., 700 So. 2d 782 (Fla. 5th DCA 1997).
Amoco Oil Co. v. State, Dept. of Transp., 765 So. 2d 111 (Fla. 1st DCA 2000).
— 73.091(1991) — 1 case
Seminole Cnty. v. Chandrinos, 816 So. 2d 1241 (Fla. 5th DCA 2002). “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.”
— 73.091(5) — 1 case
State Dept. of Transp. v. NASSAU PARTNERS, 878 So. 2d 1286 (Fla. 1st DCA 2004). “In regard to the second motion, DOT disputed its responsibility to pay attorney fees and expert witness fees incurred in litigating the motion for costs, on the ground that the owner had no contractual obligation to pay its experts for their efforts, because section 73.”
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