RULE 9.400. COSTS AND ATTORNEYS’ FEES
(a)
Costs. Costs will be taxed in favor of the prevailing party
unless the court orders otherwise. Taxable costs include:
(1)
fees for filing and service of process;
(2)
charges for preparation of the record and any
hearing or trial transcripts necessary to determine the proceeding;
(3)
bond premiums; and
(4)
other costs permitted by law.
Costs will be taxed by the lower tribunal on a motion served no later
than 45 days after rendition of the court’s order. If an order is
entered either staying the issuance of or recalling a mandate, the
lower tribunal is prohibited from taking any further action on costs
pending the issuance of a mandate or further order of the court.
(b)
Attorneys’ Fees. With the exception of motions filed
under rule 9.410(b), a motion for attorneys’ fees must state the
grounds on which recovery is sought and must be served not later
than:
(1)
in appeals, the time for service of the reply brief;
(2)
in original proceedings, the time for service of the
petitioner’s reply to the response to the petition;
(3)
in discretionary review proceedings commenced
under rule 9.030(a)(2)(A), the time for serving the respondent’s brief
on jurisdiction, or if jurisdiction is accepted, the time for serving the
reply brief; or
(4)
in proceedings in which the court renders an order
of dismissal before the otherwise applicable deadline for filing a
motion for attorneys’ fees has expired, not later than 7 days after
rendition of the order of dismissal.
The assessment of attorneys’ fees may be remanded to the lower
tribunal. If attorneys’ fees are assessed by the court, the lower
tribunal may enforce payment.
(c)
Review. Review of orders rendered by the lower tribunal
under this rule will be by motion filed in the court within 30 days of
rendition.
Committee Notes
1977 Amendment. Subdivision (a) replaces former rules
3.16(a) and (b). It specifies allowable cost items according to the
current practice. Item (3) is not intended to apply to bail bond
premiums. Item (4) is intended to permit future flexibility. This rule
provides that the prevailing party must move for costs in the lower
tribunal within 30 days after issuance of the mandate.
Subdivision (b) retains the substance of former rule 3.16(e).
The motion for attorneys’ fees must contain a statement of the legal
basis for recovery. The elimination of the reference in the former
rule to attorneys’ fees “allowable by law” is not intended to give a
right to assessment of attorneys’ fees unless otherwise permitted by
substantive law.
Subdivision (c) replaces former rules 3.16(c) and (d). It
changes from 20 days to 30 days the time for filing a motion to
review an assessment of costs or attorneys’ fees by a lower tribunal
acting under order of the court.
2018 Amendment. Subdivision (b) is amended to specify the
time limit for serving a motion for attorneys’ fees in a discretionary
review proceeding in the Supreme Court of Florida. Absent a
statement to the contrary in the motion, any timely motion for
attorneys’ fees, whether served before or after the acceptance of
jurisdiction, will function to request attorneys’ fees incurred in both
the jurisdiction and merits phases of the proceeding. As a result,
generally only 1 motion per party per proceeding is contemplated.
September 4, 2025 Florida Rules of Appellate Procedure
196
Source: Florida Rules of Appellate Procedure, effective September 4, 2025.
View the official rules: Florida Rules of Appellate Procedure — The Florida Bar (PDF)