Ideally, this article will be utilized frequently by our readers in the near future. You have battled the adjuster, the defense attorney, the judge, and the jury and won a victory for your client; and to the victor goes the spoils. Hopefully, you filed a proposal for settlement entitling you to fees, but regardless, as the prevailing party, you are entitled to reimbursement of your reasonable costs.
Pursuant to Florida Statute 57.041, a prevailing party is entitled to reimbursement of costs as follows:

1.The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment; but this section does not apply to executors or administrators and actions when they are not liable for costs.

2.Costs may be collected by execution on the judgment or order assessing costs.

The main guidance we have as far as what is a recoverable cost is provided in the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, which were originally adopted on October 28, 1981, and set out in full in Reeser v. Boats Unlimited, Inc., 432 So. 2d 1346 (Fla. 4th DCA 1983). Unfortunately, these Guidelines will lead you down an disheartening path, as they generally are very restrictive regarding what qualifies as a recoverable cost. Thankfully, the Guidelines are meant as “guidelines” and the trial court may deviate from them if justice requires under the facts of a particular case. Madison v. Midland National Life Insurance Company, 648 So. 2d 1226, 1228 (Fla. 4th DCA 1995). There are dozens of cases defining what are recoverable costs that are exceedingly more liberal and explanatory than the Guidelines. The items addressed below are far from comprehensive, but certainly addresses a number of scenarios that frequently arise during litigation.

As a general rule, a cost item is taxable where it can be shown to relate to matters that serve a “useful purpose” in the litigation process and is directly related to the trial or the development of a party’s case. See Schumacher v. Wellman, 415 So. 2d 120, 122, (Fla. 4th DCA 1982) and Winn Dixie Stores, Inc. v. Vote, 463 So. 2d 459, 460 (Fla. 2nd DCA 1985). In determining the taxability of the cost item, the Court is to consider the reasonableness of the amount and the necessity of the item. See Keener v. Dunning, 238 So. 2d 113, 114 (Fla. 4th DCA 1970).