61B-45.048. Claim for Costs and Attorney's Fees

(1) Any party seeking an award of costs and attorney’s fees must request the award in writing prior to the rendition of the final order.

(2) A prevailing party seeking an award of costs and attorney’s fees shall file a motion seeking the award not later than 45 days after rendition of the final order, except that if an appeal by trial de novo has been timely filed in the courts, a motion seeking prevailing party costs and attorney’s fees must be filed within 45 days following the conclusion of that appeal and any subsequent appeal. The motion is considered “filed” when it is received by the division. The motion shall:

(a) State the basis for the petition and the total attorney’s fees and costs that are claimed;

(b) Specify the hourly rate claimed;

(c) Include an affidavit by the attorney who performed the work that:

1. States the number of years in which the attorney has been practicing law,

2. Indicates each activity for which compensation is sought, and

3. States the time spent on each activity.

In a case involving multiple issues which are separate and distinct from each other, the affidavit shall identify the specific issue for which each activity was performed.

(d) If an award of costs is sought, attach receipts or other documents that provide evidence of the costs claimed. The arbitrators shall follow Florida case law and the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions in awarding costs. The cost of personal service by an authorized process server is only a recoverable cost if such personal service is either authorized or required by the arbitrator. The cost of attending a hearing by a court reporter is a recoverable cost; the cost of preparing a transcript of the hearing is only a recoverable cost if the transcript, or a portion thereof, is filed with the arbitrator prior to rendition of the final order.

(3) The failure of a party to timely file a motion complying with this rule or to timely plead for or request attorney’s fees shall preclude the party from recovering its costs and attorney’s fees incurred in the arbitration.

(4) The parties on whom a motion for costs and attorney’s fees is served shall have 20 days from receipt of the motion in which to file a response to the motion with the arbitrator.

(5) A final order on the motion for attorney’s fees or costs shall be entered in the manner and within the time prescribed by Rule 61B-45.043, F.A.C. In determining a reasonable hourly fee and a reasonable total award of costs and attorney’s fees, the arbitrator is not required to conduct any hearing or proceedings or to seek or consider expert advice or testimony.

(6) Any proceeding seeking costs and attorney’s fees shall be stayed if a party to that proceeding has timely filed a complaint for trial de novo. The party filing the complaint for trial de novo shall notify the arbitrator that such complaint has been filed. The stay shall be in force and effect until the conclusion of that litigation and any subsequent appeal.

(7) The prevailing party in a proceeding brought pursuant to Section 718.1255, F.S., is entitled to an award of reasonable costs and attorney’s fees. A prevailing party is a party that obtained a benefit from the proceeding and includes a party where the opposing party has voluntarily provided the relief requested in the petition, in which case it is deemed that the relief was provided in response to the filing of the petition. Where a respondent has provided the relief sought by the petitioner prior to the filing of the petition and service on the respondent of the order requiring answer and copy of the petition, the petitioner under these circumstances is not deemed to be a prevailing party and is not entitled to an award of reasonable costs and attorney’s fees. The factors to be considered by the arbitrator in determining a reasonable attorney’s fees include the following:

(a) The time and labor required, the novelty and difficulty of the question involved, and the skill requisite to perform the legal service properly;

(b) The likelihood that the acceptance of the particular employment will preclude other employment by the attorney;

(c) The fee customarily charged in the locality for similar legal services;

(d) The amount involved and the results obtained;

(e) The time limitations imposed by the client or by the circumstances;

(f) The nature and length of the professional relationship with the client; and

(g) The experience, reputation, and ability of the attorney or attorneys performing the services.

Specific Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.048, Amended 9-21-94, 6-19-96, 2-17-98, 7-4-04.