Florida Statute 73.092 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

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F.S. 73.092

73.092 Attorney’s fees.—

(1) Except as otherwise provided in this section and s. 73.015, the court, in eminent domain proceedings, shall award attorney’s fees based solely on the benefits achieved for the client.

(a) As used in this section, the term “benefits” means the difference, exclusive of interest, between the final judgment or settlement and the last written offer made by the condemning authority before the defendant hires an attorney. If no written offer is made by the condemning authority before the defendant hires an attorney, benefits must be measured from the first written offer after the attorney is hired.

1. In determining attorney’s fees, if business records as defined in s. 73.015(2)(c)2. and kept by the owner in the ordinary course of business were provided to the condemning authority to substantiate the business damage offer in s. 73.015(2)(c), benefits for amounts awarded for business damages must be based on the difference between the final judgment or settlement and the written counteroffer made by the condemning authority provided in s. 73.015(2)(d).

2. In determining attorney’s fees, if existing business records as defined in s. 73.015(2)(c)2. and kept by the owner in the ordinary course of business were not provided to the condemning authority to substantiate the business damage offer in s. 73.015(2)(c) and those records which were not provided are later deemed material to the determination of business damages, benefits for amounts awarded for business damages must be based upon the difference between the final judgment or settlement and the first written counteroffer made by the condemning authority within 90 days from the condemning authority’s receipt of the business records previously not provided.

(b) The court may also consider nonmonetary benefits obtained for the client through the efforts of the attorney, to the extent such nonmonetary benefits are specifically identified by the court and can, within a reasonable degree of certainty, be quantified.

1. Thirty-three percent of any benefit up to $250,000; plus

2. Twenty-five percent of any portion of the benefit between $250,000 and $1 million; plus

3. Twenty percent of any portion of the benefit exceeding $1 million.

(2) In assessing attorney’s fees incurred in defeating an order of taking, or for apportionment, or other supplemental proceedings, when not otherwise provided for, the court shall consider:

(a) The novelty, difficulty, and importance of the questions involved.

(b) The skill employed by the attorney in conducting the cause.

(d) The responsibility incurred and fulfilled by the attorney.

(e) The attorney’s time and labor reasonably required adequately to represent the client in relation to the benefits resulting to the client.

(f) The fee, or rate of fee, customarily charged for legal services of a comparable or similar nature.

(g) Any attorney’s fee award made under subsection (1).

(3) In determining the amount of attorney’s fees to be paid by the petitioner under subsection (2), the court shall be guided by the fees the defendant would ordinarily be expected to pay for these services if the petitioner were not responsible for the payment of those fees.

(4) At least 30 days prior to a hearing to assess attorney’s fees under subsection (2), the condemnee’s attorney shall submit to the condemning authority and to the court complete time records and a detailed statement of services rendered by date, nature of services performed, time spent performing such services, and costs incurred.

(5) The defendant shall provide to the court a copy of any fee agreement that may exist between the defendant and his or her attorney, and the court must reduce the amount of attorney’s fees to be paid by the defendant by the amount of any attorney’s fees awarded by the court.

History.—s. 1, ch. 76-158; s. 37, ch. 85-180; s. 3, ch. 87-148; s. 54, ch. 90-136; s. 3, ch. 90-303; s. 3, ch. 94-162; s. 1370, ch. 95-147; s. 61, ch. 99-385.

F.S. 73.092 on Google Scholar

F.S. 73.092 on Casetext

Amendments to 73.092

Arrestable Offenses / Crimes under Fla. Stat. 73.092

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 73.092.

Annotations, Discussions, Cases:

Cases Citing Statute 73.092

Total Results: 20

RI CS2, LLC v. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, CIRCLE K STORES, INC., AND RIDGE MANOR EXPRESS

Court: District Court of Appeal of Florida | Date Filed: 2024-03-01

Snippet: statutory benefit fee awardable pursuant to section 73.092(1), Florida Statutes (2021), with tenant, Circle

The Florida Bar v. Brian P. Rush

Court: Supreme Court of Florida | Date Filed: 2023-05-04

Snippet: cases, as relevant here, are governed by section 73.092, Florida Statutes (2019), 2 which states that

NICOLAOS MALLAS v. GEORGE V. MALLAS

Court: District Court of Appeal of Florida | Date Filed: 2021-08-18

Snippet: declining to award fees for fees under section 73.092). However, this court has also distinguished

B. ADAM BERLIN v. DEPT. OF TRANSPORTATION

Court: District Court of Appeal of Florida | Date Filed: 2020-01-08

Snippet: grounds it failed to meet the requirements of section 73.092(1)(b), Florida Statutes (2017). The trial court

Florida Gas Transmission Company, LLC v. Sylvia Johnson

Court: District Court of Appeal of Florida | Date Filed: 2019-02-05

Citation: 264 So. 3d 336

Snippet: subsection (2), rather than subsection (1), of section 73.092, Florida Statutes (2018). We agree and reverse

Joseph B. Doerr Trust v. Central Florida Expressway Authority

Court: Supreme Court of Florida | Date Filed: 2015-11-05

Citation: 177 So. 3d 1209, 40 Fla. L. Weekly Supp. 616, 2015 Fla. LEXIS 2476, 2015 WL 6748858

Snippet: fees is governed *1211 by section 73.092, Florida Statutes (2014), 1 which provides

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: fees awarded to the property owner under section 73.092, Florida Statutes (2012), in eminent domain proceedings

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: DCA 2011), providing that "[s]ections 73.091 and 73.092 specifically relate to condemnation proceedings

Theodore Ryan v. City of Boynton Beach, etc., and Frank Janots

Court: District Court of Appeal of Florida | Date Filed: 2015-02-04

Citation: 157 So. 3d 417, 2015 Fla. App. LEXIS 1428

Snippet: for Disbursement Florida Statutes section 73.092(2) governs the award of fees incurred in the trial

Orlando/Orange County Expressway v. Tuscan Ridge, LLC

Court: District Court of Appeal of Florida | Date Filed: 2014-04-04

Citation: 137 So. 3d 1154, 2014 WL 1325670, 2014 Fla. App. LEXIS 5010

Snippet: attorney’s fee award, determined under section 73.092(2), Florida Statutes (2006), and remanded with

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: be computed under the sliding scale of section 73.092(1), Florida Statutes (2009), rather than under

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

Southwest Florida Water Management District v. Shea

Court: District Court of Appeal of Florida | Date Filed: 2012-04-27

Citation: 86 So. 3d 582, 2012 Fla. App. LEXIS 6608, 2012 WL 1448560

Snippet: District challenges the fees awarded under section 73.092(l)(b) and (2), Florida Statutes (2010). On cross-appeal

Orlando/Orange County Expressway Authority v. Tuscan Ridge, LLC

Court: District Court of Appeal of Florida | Date Filed: 2012-03-30

Citation: 84 So. 3d 410, 2012 WL 1057622, 2012 Fla. App. LEXIS 4992

Snippet: to the landowners to those permitted by section 73.092(1), Florida Statutes (2006), based on a pre-suit

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: challenges the trial court’s application of section 73.092, Florida Statutes (2008), to award attorney’s fees

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

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: provisions in chapter 73, including sections 73.015 and 73.092, Florida Statutes, which, along with the letter

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: petitioner shall pay attorney's fees as provided in s. 73.092 as well as all reasonable costs incurred in the

JEA v. Williams

Court: District Court of Appeal of Florida | Date Filed: 2008-04-03

Citation: 978 So. 2d 842, 2008 WL 876418

Snippet: the appellees constituted an offer under section 73.092, Florida Statutes (2004). We disagree and affirm

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: circuit court eminent domain proceedings. Section 73.092(1), Florida Statutes (2004), provides for calculation