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: District Court of Appeal of Florida | Date Filed: 2015-10-14

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: District Court of Appeal of Florida | Date Filed: 2015-09-18

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

Snippet: inverse condemnation action is governed by section 73.091, Florida Statutes (2010). That section provides

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

Court: District Court of Appeal of Florida | Date Filed: 2015-08-12

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

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: District Court of Appeal of Florida | Date Filed: 2015-08-12

Snippet: 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: District Court of Appeal of Florida | Date Filed: 2013-11-20

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

Delmonico v. Crespo

Court: District Court of Appeal of Florida | Date Filed: 2012-12-05

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: District Court of Appeal of Florida | Date Filed: 2012-11-28

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: District Court of Appeal of Florida | Date Filed: 2012-06-01

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: District Court of Appeal of Florida | Date Filed: 2012-05-09

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

Snippet: App. Jan. 8, 1998), with In re S.H.A., 728 S.W.2d 73, 91-92 (Tex.App.1987).

Pompano Beach Community Redevelopment Agency v. Holland

Court: District Court of Appeal of Florida | Date Filed: 2011-09-14

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: District Court of Appeal of Florida | Date Filed: 2011-01-26

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: District Court of Appeal of Florida | Date Filed: 2009-12-31

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

Pinnacle Floor Covering, Inc. v. Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 2009-08-07

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

Barco v. School Bd. of Pinellas County

Court: Supreme Court of Florida | Date Filed: 2008-02-07

Citation: 975 So. 2d 1116, 33 Fla. L. Weekly Supp. 87, 2008 Fla. LEXIS 141, 2008 WL 321469

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: District Court of Appeal of Florida | Date Filed: 2005-09-02

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

State Dept. of Transp. v. NASSAU PARTNERS

Court: District Court of Appeal of Florida | Date Filed: 2004-08-10

Citation: 878 So. 2d 1286, 2004 Fla. App. LEXIS 11705, 2004 WL 1773539

Snippet: awards therein entered, as required by section 73.091(5), Florida Statutes (2001). Following the entry

Bay III, Inc. v. Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 2004-06-04

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: District Court of Appeal of Florida | Date Filed: 2004-04-28

Citation: 880 So. 2d 692, 2004 WL 895854

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: District Court of Appeal of Florida | Date Filed: 2004-03-24

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: District Court of Appeal of Florida | Date Filed: 2004-03-05

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