Florida Statutes

Fla. Stat. § 73.092 (2025)

Attorney’s fees.

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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.

Notes of Decisions

Cited in 91 cases (8 in the last 5 years), 1978–2025 · leading case: Seminole Cnty. v. Delco Oil, Inc., 669 So. 2d 1162 (Fla. 5th DCA 1996).

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Seminole Cnty. v. Delco Oil, Inc., 669 So. 2d 1162 (Fla. 5th DCA 1996). · cites it 28× “…We acknowledge that in 1994 the legislature again amended this statute, resulting in use of a straight percentage. § 73.092, Fla.Stat. (Supp. 1994).”

Joseph B. Doerr Trust v. Cent. Florida Expressway Auth., 177 So. 3d 1209 (Fla. 2015). · cites it 27× “The award of such fees is governed *1211 by section 73.092, Florida Statutes (2014), 1 which provides, in pertinent part: (1) Except as otherwise provided in this section and s.”

Orlando/Orange Cnty. Expressway Auth. v. Tuscan Ridge, LLC, 84 So. 3d 410 (Fla. 5th DCA 2012). · cites it 45× “6 OOCEA argues that Landowners should have been limited to an award of attorney’s fees pursuant to subsection (1) of section 73.092. The statute instructs the court that, “except as otherwise provided in this section and section 73.”

State, Dept. of Transp. v. Smithbilt, 715 So. 2d 963 (Fla. 2d DCA 1998). · cites it 20× “See § 73.092, Fla. Stat. (1993). [2] Thus, the award in this case is comparable to the award that Smithbilt would have received if the action had been filed prior to October 1, 1994.”

STATE, DOT v. LaBelle Phoenix Corp., 696 So. 2d 947 (Fla. 2d DCA 1997). · cites it 21× “In eminent domain proceedings, attorney's fees are awarded under section 73.092, Florida Statutes (1995). Section 73.”

JEA v. Williams, 978 So. 2d 842 (Fla. 1st DCA 2008). · cites it 17× “The JEA argues that the trial court erred in finding that the first letter to the appellees constituted an offer under section 73.092, Florida Statutes (2004). We disagree and affirm.”

Seminole Cnty. v. Clayton, 665 So. 2d 363 (Fla. 5th DCA 1995). · cites it 17× “Section 73.092, Florida Statutes (1993) contains the factors applicable in assessing a reasonable attorney's fee.”

State, Dept. of Transp. v. Skidmore, 720 So. 2d 1125 (Fla. 4th DCA 1998). · cites it 11× “Finally, the statute instructs that, [i]n determining the amount of attorney's fees to be paid by the petitioner, the court shall be guided by the fees the defendant would ordinarily be expected to pay if the petitioner were not responsible for the payment of fees and costs. §…”

Sarasota Cnty. v. Curry, 861 So. 2d 1239 (Fla. 2d DCA 2003). · cites it 22× “We review an award of attorney’s fees under section 73.092 for an abuse of discretion.”

State, Dept. of Transp. v. Abs Props., 693 So. 2d 703 (Fla. 2d DCA 1997). · cites it 19× “092 Attorney's fees. (1) Except as otherwise provided in this section, the court, in eminent domain proceedings, shall award attorney's fees based solely on the benefits achieved for the client.”

City of North Miami Beach v. Reed, 863 So. 2d 351 (Fla. 3d DCA 2003). · cites it 12× “091 sets forth the parameters within which to award attorney’s fees. It basically provides that “the petitioner,” which in eminent domain cases is the condemning authority, “shall pay attorney’s fees as provided in s.”

Seminole Cnty. v. Butler, 676 So. 2d 451 (Fla. 5th DCA 1996). · cites it 10× “Because the trial court failed to calculate the fees in accordance with section 73.092, Florida Statutes (1993), we must reverse.”

Show all 91 citing cases →

— 73.092(1) — 30 cases

Joseph B. Doerr Trust v. Cent. Florida Expressway Auth., 177 So. 3d 1209 (Fla. 2015). “The award of such fees is governed *1211 by section 73.092, Florida Statutes (2014), 1 which provides, in pertinent part: (1) Except as otherwise provided in this section and s.”

Orlando/Orange Cnty. Expressway Auth. v. Tuscan Ridge, LLC, 84 So. 3d 410 (Fla. 5th DCA 2012). “6 OOCEA argues that Landowners should have been limited to an award of attorney’s fees pursuant to subsection (1) of section 73.092. The statute instructs the court that, “except as otherwise provided in this section and section 73.”

STATE, DOT v. LaBelle Phoenix Corp., 696 So. 2d 947 (Fla. 2d DCA 1997). “In eminent domain proceedings, attorney's fees are awarded under section 73.092, Florida Statutes (1995). Section 73.”

Barco v. Sch. Bd. of Pinellas Cnty., 975 So. 2d 1116 (Fla. 2008).

Sarasota Cnty. v. Curry, 861 So. 2d 1239 (Fla. 2d DCA 2003). “We review an award of attorney’s fees under section 73.092 for an abuse of discretion.”

— 73.092(1)(a) — 10 cases

Seminole Cnty. v. Butler, 676 So. 2d 451 (Fla. 5th DCA 1996). “Because the trial court failed to calculate the fees in accordance with section 73.092, Florida Statutes (1993), we must reverse.”

Broward Cnty. v. LaPointe, 685 So. 2d 889 (Fla. 4th DCA 1996).

Seminole Cnty. v. Delco Oil, Inc., 669 So. 2d 1162 (Fla. 5th DCA 1996). “…We acknowledge that in 1994 the legislature again amended this statute, resulting in use of a straight percentage. § 73.092, Fla.Stat. (Supp. 1994).”

Pierpont v. Lee Cnty., 710 So. 2d 958 (Fla. 1998).

Amerada Hess Corp. v. State, Dep't of Transp., 788 So. 2d 276 (Fla. 4th DCA 2000).

— 73.092(1)(b) — 7 cases

State, Dept. of Transp. v. Patel, 768 So. 2d 1173 (Fla. 2d DCA 2000).

Amoco Oil Co. v. State, Dept. of Transp., 765 So. 2d 111 (Fla. 1st DCA 2000).

Dep't of Transp. v. RFT P'ship, 906 So. 2d 1161 (Fla. 2d DCA 2005).

Reese v. State, Dept. of Transp., 743 So. 2d 1227 (Fla. 4th DCA 1999).

Amerada Hess Corp. v. State, Dep't of Transp., 788 So. 2d 276 (Fla. 4th DCA 2000).

— 73.092(1)(c) — 7 cases

STATE, DOT v. LaBelle Phoenix Corp., 696 So. 2d 947 (Fla. 2d DCA 1997). “In eminent domain proceedings, attorney's fees are awarded under section 73.092, Florida Statutes (1995). Section 73.”

State, Dept. of Transp. v. Abs Props., 693 So. 2d 703 (Fla. 2d DCA 1997). “092 Attorney's fees. (1) Except as otherwise provided in this section, the court, in eminent domain proceedings, shall award attorney's fees based solely on the benefits achieved for the client.”

City of Jacksonville v. Tresca, 692 So. 2d 991 (Fla. 1st DCA 1997).

Sabal Trail Transmission LLC v. 18.27 Acres of Land in Levy Cnty. (N.D. Fla. 2021).

Florida Gas Transmission Co., LLC v. Sylvia Johnson, 264 So. 3d 336 (Fla. 1st DCA 2019).

— 73.092(2) — 26 cases

State, Dept. of Transp. v. Smithbilt, 715 So. 2d 963 (Fla. 2d DCA 1998). “See § 73.092, Fla. Stat. (1993). [2] Thus, the award in this case is comparable to the award that Smithbilt would have received if the action had been filed prior to October 1, 1994.”

STATE, DOT v. LaBelle Phoenix Corp., 696 So. 2d 947 (Fla. 2d DCA 1997). “In eminent domain proceedings, attorney's fees are awarded under section 73.092, Florida Statutes (1995). Section 73.”

State Dept. of Transp. v. NASSAU PARTNERS, 878 So. 2d 1286 (Fla. 1st DCA 2004).

— 73.092(2)(a) — 4 cases

State, Dept. of Transp. v. Skidmore, 720 So. 2d 1125 (Fla. 4th DCA 1998). “Finally, the statute instructs that, [i]n determining the amount of attorney's fees to be paid by the petitioner, the court shall be guided by the fees the defendant would ordinarily be expected to pay if the petitioner were not responsible for the payment of fees and costs. §…”

Sabal Trail Transmission LLC v. 18.27 Acres of Land in Levy Cnty. (N.D. Fla. 2021).

— 73.092(2)(b) — 2 cases

Ward v. Collier Cnty., 852 So. 2d 892 (Fla. 2d DCA 2003).

Dep't of Transp. v. RFT P'ship, 906 So. 2d 1161 (Fla. 2d DCA 2005).

— 73.092(2)(f) — 2 cases

Florida Dep't of Agric. & Consum. Servs. v. Bogorff, 132 So. 3d 249 (Fla. 4th DCA 2013).

Sabal Trail Transmission LLC v. 18.27 Acres of Land in Levy Cnty. (N.D. Fla. 2021).

— 73.092(4) — 2 cases

— 73.092(5) — 2 cases

Dep't of Transp. v. Winter Park Golf Club, 687 So. 2d 970 (Fla. 5th DCA 1997).

— 73.092(7) — 6 cases

Lee Cnty. v. Sager, 595 So. 2d 177 (Fla. 2d DCA 1992).

Baker Prot. Servs. v. FP INC., 659 So. 2d 1120 (Fla. 3d DCA 1995).

Hartleb v. State, Dept. of Transp., 677 So. 2d 336 (Fla. 4th DCA 1996).

Persons v. Pelaez, 613 So. 2d 509 (Fla. 2d DCA 1993).

Crigler v. State, Dep't of Transp., 535 So. 2d 329 (Fla. 1st DCA 1988).

— 73.092(l)(a) — 8 cases

City of North Miami Beach v. Reed, 863 So. 2d 351 (Fla. 3d DCA 2003). “091 sets forth the parameters within which to award attorney’s fees. It basically provides that “the petitioner,” which in eminent domain cases is the condemning authority, “shall pay attorney’s fees as provided in s.”

Seminole Cnty. v. Coral Gables Fed. Sav. & Loan Ass'n, 691 So. 2d 614 (Fla. 5th DCA 1997).

Sw. Florida Water Mgmt. Dist. v. Shea, 86 So. 3d 582 (Fla. 2d DCA 2012).

Sarasota Cnty. v. Curry, 861 So. 2d 1239 (Fla. 2d DCA 2003). “We review an award of attorney’s fees under section 73.092 for an abuse of discretion.”

— 73.092(l)(b) — 3 cases

Sw. Florida Water Mgmt. Dist. v. Shea, 86 So. 3d 582 (Fla. 2d DCA 2012).

Golf Course Resorts, Inc. v. Dep't of Transp., 816 So. 2d 236 (Fla. 2d DCA 2002).

Dep't of Transp. v. CNL Income Fund VIII, Ltd., 823 So. 2d 147 (Fla. 5th DCA 2002).

— 73.092(l)(c) — 6 cases

Ward v. Collier Cnty., 852 So. 2d 892 (Fla. 2d DCA 2003).

State, Dep't of Transp. v. Knaus, 737 So. 2d 1130 (Fla. 2d DCA 1999).

State, Dep't of Transp. v. Lakepointe Assocs., 745 So. 2d 364 (Fla. 1st DCA 1999).

Seminole Cnty. v. M.G. Investments of Orlando, Inc., 714 So. 2d 1066 (Fla. 5th DCA 1998).

— 73.092(l)(c)(l) — 1 case

Sarasota Cnty. v. Curry, 861 So. 2d 1239 (Fla. 2d DCA 2003). “We review an award of attorney’s fees under section 73.092 for an abuse of discretion.”

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