Florida Statutes
Fla. Stat. § 173.08 (2025)
Judgment for complainant; amounts included; attorney’s fee.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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173.08 Judgment for complainant; amounts included; attorney’s fee.—
(1) In all cases where the cause may be decided for complainant, the judgment for delinquent taxes, tax certificates and special assessments against any parcel of land shall include the principal of, and interest and penalties on such taxes, tax certificates and special assessments, the costs of the suit and a reasonable attorney’s fee; such costs and attorney’s fee to be apportioned among and charged against the various parcels of land involved in proportion to the amount of taxes, tax certificates and special assessments adjudged against such respective parcels of land.
(2) In fixing the fees of complainant’s attorney the court shall take into consideration the use which the complainant has made of the privilege hereby given of including in one suit divers taxes, tax certificates and assessment liens, and if the court be of the opinion that there has been an unnecessary separation of causes of action on the same or different parcels of land which might have been joined in the same action, it shall not allow an attorney’s fee greater than would have been allowed if the action had been combined.
History.—s. 5, ch. 15038, 1931; CGL 1936 Supp. 3004(6).
Notes of Decisions
Cited in 2
cases, 1987–1992 · leading case: Certain Lands v. City of Alachua, 518 So. 2d 386 (Fla. 1st DCA 1987).
Certain Lands v. City of Alachua, 518 So. 2d 386 (Fla. 1st DCA 1987). “The sole issue in this appeal is whether the parcels subject to foreclosure should be assessed an award of attorney's fees and costs pursuant to section 173.08, Florida Statutes (1985), based upon all fees and costs incurred in the entire collection process.”
Steinberg v. City of Sunrise, 592 So. 2d 1148 (Fla. 4th DCA 1992). “Furthermore, section 173.08, Florida Statutes (1989), provides for an allowance of attorney’s fees to the successful complainant.”
— 173.08(1) — 1 case
Certain Lands v. City of Alachua, 518 So. 2d 386 (Fla. 1st DCA 1987). “The sole issue in this appeal is whether the parcels subject to foreclosure should be assessed an award of attorney's fees and costs pursuant to section 173.08, Florida Statutes (1985), based upon all fees and costs incurred in the entire collection process.”
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