Florida Statutes

Fla. Stat. § 57.105 (2025)

Attorney’s fee; sanctions for raising unsupported claims or defenses; exceptions; service of motions; damages for delay of litigation.

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57.105 Attorney’s fee; sanctions for raising unsupported claims or defenses; exceptions; service of motions; damages for delay of litigation.—

(1) Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney on any claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing party’s attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial:

(a) Was not supported by the material facts necessary to establish the claim or defense; or

(b) Would not be supported by the application of then-existing law to those material facts.

(2) At any time in any civil proceeding or action in which the moving party proves by a preponderance of the evidence that any action taken by the opposing party, including, but not limited to, the filing of any pleading or part thereof, the assertion of or response to any discovery demand, the assertion of any claim or defense, or the response to any request by any other party, was taken primarily for the purpose of unreasonable delay, the court shall award damages to the moving party for its reasonable expenses incurred in obtaining the order, which may include attorney’s fees, and other loss resulting from the improper delay.

(3) Notwithstanding subsections (1) and (2), monetary sanctions may not be awarded:

(a) Under paragraph (1)(b) if the court determines that the claim or defense was initially presented to the court as a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law, as it applied to the material facts, with a reasonable expectation of success.

(b) Under paragraph (1)(a) or paragraph (1)(b) against the losing party’s attorney if he or she has acted in good faith, based on the representations of his or her client as to the existence of those material facts.

(d) On the court’s initiative under subsections (1) and (2) unless sanctions are awarded before a voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.

(4) A motion by a party seeking sanctions under this section must be served but may not be filed with or presented to the court unless, within 21 days after service of the motion, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.

(5) In administrative proceedings under chapter 120, an administrative law judge shall award a reasonable attorney’s fee and damages to be paid to the prevailing party in equal amounts by the losing party and a losing party’s attorney or qualified representative in the same manner and upon the same basis as provided in subsections (1)-(4). Such award shall be a final order subject to judicial review pursuant to s. 120.68. If the losing party is an agency as defined in s. 120.52(1), the award to the prevailing party shall be against and paid by the agency. A voluntary dismissal by a nonprevailing party does not divest the administrative law judge of jurisdiction to make the award described in this subsection.

(6) The provisions of this section are supplemental to other sanctions or remedies available under law or under court rules.

(7) If a contract contains a provision allowing attorney’s fees to a party when he or she is required to take any action to enforce the contract, the court may also allow reasonable attorney’s fees to the other party when that party prevails in any action, whether as plaintiff or defendant, with respect to the contract. This subsection applies to any contract entered into on or after October 1, 1988.

(8) Attorney fees may not be awarded under this section in proceedings for an injunction for protection pursuant to s. 741.30, s. 784.046, or s. 784.0485, unless the court finds by clear and convincing evidence that the petitioner knowingly made a false statement or allegation in the petition or that the respondent knowingly made a false statement or allegation in an asserted defense, with regard to a material matter as defined in s. 837.011(3).

History.—s. 1, ch. 78-275; s. 61, ch. 86-160; ss. 1, 2, ch. 88-160; s. 1, ch. 90-300; s. 316, ch. 95-147; s. 4, ch. 99-225; s. 1, ch. 2002-77; s. 9, ch. 2003-94; s. 1, ch. 2010-129; s. 4, ch. 2019-167.

Notes of Decisions

Cited in 1,564 cases (145 in the last 5 years), 1979–2026 · leading case: Florida Hurricane Prot. & Awning, Inc. v. Pastina, 43 So. 3d 893 (Fla. 4th DCA 2010).

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Florida Hurricane Prot. & Awning, Inc. v. Pastina, 43 So. 3d 893 (Fla. 4th DCA 2010). · cites it 88× “In 1988, the Florida Legislature amended section 57.105, Florida Statutes, to add subsection (2), the predecessor to subsection (7), to provide mutuality of attorney's fees as a remedy in contract cases.”

Bank of New York Mellon Trust Co. v. Fitzgerald, 215 So. 3d 116 (Fla. 3d DCA 2017). · cites it 30× “Fitzgerald demanded attorney’s fees “pursuant to terms of the agreement between the parties and Florida Statutes, Section 57.105.” The case proceeded to a non-jury trial, and on January 15, 2014, the trial court entered final judgment in favor of Fitzgerald after finding that…”

Albritton v. Ferrera, 913 So. 2d 5 (Fla. 1st DCA 2005). · cites it 53× “" § 57.105, Fla. Stat. (1999); see also Bridgestone/Firestone, Inc.”

Pino v. Bank of New York, 121 So. 3d 23 (Fla. 2013). · cites it 28× “In a motion for sanctions brought pursuant to section 57.105, Florida Statutes (2009), and dated February 17, 2009, Pino alleged that the unrecorded Assignment of Mortgage in the amended complaint was fraudulently backdated and had been created with the intent to commit fraud on…”

Florida Cmty. Bank, N.A. v. Red Road Residential, LLC, 197 So. 3d 1112 (Fla. 3d DCA 2016). · cites it 26× “442 of the Florida Rules of Civil Procedure, and the sanction provisions found in section 57.105, provide potential, substantive fee recovery mechanisms that might be applicable to a defendant asserting a non-party defense.”

Koch v. Koch, 47 So. 3d 320 (Fla. 2d DCA 2010). · cites it 62× “4th DCA 2008) (noting that court can award fees as sanction under section 57.105 or based on the inherent authority of the court).”

Harvey Lee Davis & Eric Mccabe v. Kenneth I. Bailynson, 268 So. 3d 762 (Fla. 4th DCA 2019). · cites it 45× “Appellate Analysis “In determining whether to award attorney’s fees under section 57.105, Florida Statutes (2001), the trial court applies an abuse of discretion standard.”

Bionetics Corp. v. Kenniasty, 69 So. 3d 943 (Fla. 2011). · cites it 33× “See § 57.105, Fla. Stat. (2002). This statute was amended to include a safe harbor provision under subsection (4), which took effect on July 1, 2002, while the present case was ongoing at the trial level.”

Boca Burger, Inc. v. Forum, 912 So. 2d 561 (Fla. 2005). · cites it 18× “See § 57.105, Fla. Stat. (2000). We granted review.”

Mullins v. Kennelly, 847 So. 2d 1151 (Fla. 5th DCA 2003). · cites it 29× “, appeal an order assessing attorney's fees against them pursuant to section 57.105, Florida Statutes (1999). For the reasons that follow, we reverse.”

Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982). · cites it 18× “The Circuit Court of the Ninth Judicial Circuit, Orange County, upheld the constitutionality of section 57.105, Florida Statutes (1979), thereby giving this Court jurisdiction under article V, section 3(b)(1), Florida Constitution (1972).”

Martin Cnty. Conservation All. v. Martin Cnty., 73 So. 3d 856 (Fla. 1st DCA 2011). · cites it 52× “Because Appellants pursued appellate review without any foundation in law or fact, they are properly subject to sanctions under section 57.105, Florida Statutes. Appellants’ asserted basis for standing on appeal, that a future circuit court may interpret the land use plan…”

Show all 1,564 citing cases →

— 57.105(1) — 308 cases

Weatherby Assocs., Inc. v. Ballack, 783 So. 2d 1138 (Fla. 4th DCA 2001).

Koch v. Koch, 47 So. 3d 320 (Fla. 2d DCA 2010). “4th DCA 2008) (noting that court can award fees as sanction under section 57.105 or based on the inherent authority of the court).”

Ferere v. Shure, 65 So. 3d 1141 (Fla. 4th DCA 2011).

HFC Collection Ctr., Inc. v. Alexander, 190 So. 3d 1114 (Fla. 5th DCA 2016).

Harvey Lee Davis & Eric Mccabe v. Kenneth I. Bailynson, 268 So. 3d 762 (Fla. 4th DCA 2019). “Appellate Analysis “In determining whether to award attorney’s fees under section 57.105, Florida Statutes (2001), the trial court applies an abuse of discretion standard.”

— 57.105(1)(a) — 18 cases

Ajax Paving Indus., Inc. v. Hardaway Co., 824 So. 2d 1026 (Fla. 2d DCA 2002).

Peyton v. Horner, 920 So. 2d 180 (Fla. 2d DCA 2006).

Gahn v. Holiday Prop. Bond, Ltd., 826 So. 2d 423 (Fla. 2d DCA 2002).

Montgomery v. Larmoyeux, 14 So. 3d 1067 (Fla. 4th DCA 2009).

Connelly v. Old Bridge Vill. Co-Op, Inc., 915 So. 2d 652 (Fla. 2d DCA 2005).

— 57.105(1)(a)(b) — 2 cases

Smith v. Gore, 933 So. 2d 567 (Fla. 1st DCA 2006).

Langer v. Langer, 919 So. 2d 484 (Fla. 3d DCA 2005).

— 57.105(1)(b) — 13 cases

De Vaux v. Westwood Baptist Church, 953 So. 2d 677 (Fla. 1st DCA 2007).

Mark W. Rickard, P.a., d/b/a Law Guard v. Nature's Sleep Factory Direct, LLC., 261 So. 3d 567 (Fla. 4th DCA 2018).

Thomas v. Patton, 939 So. 2d 139 (Fla. 1st DCA 2006).

UNIFIRST CORP. v. City of Jacksonville, 42 So. 3d 247 (Fla. 1st DCA 2010).

— 57.105(2) — 75 cases

Landry v. Countrywide Home Loans, Inc., 731 So. 2d 137 (Fla. 1st DCA 1999).

Precision Tune Auto Care, Inc. v. Radcliffe, 815 So. 2d 708 (Fla. 4th DCA 2002).

Jakobi v. Kings Creek Vill. Townhouse Ass'n, 665 So. 2d 325 (Fla. 3d DCA 1995).

Gibbs Const. Co. v. SL Page Corp., 755 So. 2d 787 (Fla. 2d DCA 2000).

Bank of New York Mellon Trust Co. v. Fitzgerald, 215 So. 3d 116 (Fla. 3d DCA 2017). “Fitzgerald demanded attorney’s fees “pursuant to terms of the agreement between the parties and Florida Statutes, Section 57.105.” The case proceeded to a non-jury trial, and on January 15, 2014, the trial court entered final judgment in favor of Fitzgerald after finding that…”

— 57.105(3) — 14 cases

Harley Shipbuilding Corp. v. FAST CATS FERRY Serv., LLC., 820 So. 2d 445 (Fla. 2d DCA 2002).

Cullen v. Marsh, 34 So. 3d 235 (Fla. 3d DCA 2010).

Martin Cnty. Conservation All. v. Martin Cnty., 73 So. 3d 856 (Fla. 1st DCA 2011). “Because Appellants pursued appellate review without any foundation in law or fact, they are properly subject to sanctions under section 57.105, Florida Statutes. Appellants’ asserted basis for standing on appeal, that a future circuit court may interpret the land use plan…”

Wells v. Halmac Dev., Inc., 189 So. 3d 1015 (Fla. 3d DCA 2016).

Gahn v. Holiday Prop. Bond, Ltd., 826 So. 2d 423 (Fla. 2d DCA 2002).

— 57.105(3)(a) — 9 cases

Austin & Laurato, P.A. v. State Farm Florida Ins. Co., 229 So. 3d 911 (Fla. 5th DCA 2017).

Paul v. Avrahami, 216 So. 3d 647 (Fla. 4th DCA 2017).

Melissa McCullough, individually, & McCullough Law Grp., P.A. v. Kelly Kubiak, individually, & Merlin Law Grp., P.A., 158 So. 3d 739 (Fla. 4th DCA 2015).

Lisa Rawson v. Gulf Coast Prop. Mgmt. Co., Inc., 261 So. 3d 721 (Fla. 1st DCA 2018).

At&t Mobility LLC v. Patrick Rigney (Fla. 3d DCA 2023).

— 57.105(3)(b) — 6 cases

Dan Pronman, Gary Pronman & Mark P. Bockstein v. Brian Styles & Movie Star Musclecars, Inc., 163 So. 3d 535 (Fla. 4th DCA 2015).

Tedrow v. Cannon, 186 So. 3d 43 (Fla. 2d DCA 2016).

Shaquille O'neal v. Shawn Darling & Menachem Mayberg (Fla. 3d DCA 2021).

Liliana Cadavid v. Daniel Saporta (Fla. 4th DCA 2022).

At&t Mobility LLC v. Patrick Rigney (Fla. 3d DCA 2023).

— 57.105(3)(c) — 11 cases

Paul v. Avrahami, 216 So. 3d 647 (Fla. 4th DCA 2017).

Wells v. Halmac Dev., Inc., 189 So. 3d 1015 (Fla. 3d DCA 2016).

Waddington v. Baptist Med. Ctr. of Beaches, Inc., 78 So. 3d 114 (Fla. 1st DCA 2012).

Santiago v. Sunset Core Investments, Inc., 198 So. 3d 658 (Fla. 2d DCA 2015).

— 57.105(4) — 90 cases

Bionetics Corp. v. Kenniasty, 69 So. 3d 943 (Fla. 2011). “See § 57.105, Fla. Stat. (2002). This statute was amended to include a safe harbor provision under subsection (4), which took effect on July 1, 2002, while the present case was ongoing at the trial level.”

Pino v. Bank of New York, 121 So. 3d 23 (Fla. 2013). “In a motion for sanctions brought pursuant to section 57.105, Florida Statutes (2009), and dated February 17, 2009, Pino alleged that the unrecorded Assignment of Mortgage in the amended complaint was fraudulently backdated and had been created with the intent to commit fraud on…”

Koch v. Koch, 47 So. 3d 320 (Fla. 2d DCA 2010). “4th DCA 2008) (noting that court can award fees as sanction under section 57.105 or based on the inherent authority of the court).”

Montgomery v. Larmoyeux, 14 So. 3d 1067 (Fla. 4th DCA 2009).

Global Xtreme, Inc. v. Advanced Aircraft Ctr., Inc., 122 So. 3d 487 (Fla. 3d DCA 2013).

— 57.105(5) — 23 cases

Ajax Paving Indus., Inc. v. Hardaway Co., 824 So. 2d 1026 (Fla. 2d DCA 2002).

Holiday Square Owners Ass'n Inc. v. Tsetsenis, 820 So. 2d 450 (Fla. 5th DCA 2002).

Walls v. Quick & Reilly, Inc., 824 So. 2d 1016 (Fla. 5th DCA 2002).

Davidson v. Ramirez, 970 So. 2d 855 (Fla. 3d DCA 2007).

Koch v. Koch, 47 So. 3d 320 (Fla. 2d DCA 2010). “4th DCA 2008) (noting that court can award fees as sanction under section 57.105 or based on the inherent authority of the court).”

— 57.105(6) — 10 cases

Florida Hurricane Prot. & Awning, Inc. v. Pastina, 43 So. 3d 893 (Fla. 4th DCA 2010). “In 1988, the Florida Legislature amended section 57.105, Florida Statutes, to add subsection (2), the predecessor to subsection (7), to provide mutuality of attorney's fees as a remedy in contract cases.”

McCarthy Bros. Co. v. Tilbury Const., Inc., 849 So. 2d 7 (Fla. 1st DCA 2003).

Subway Restaurants, Inc. v. Thomas, 860 So. 2d 462 (Fla. 4th DCA 2003).

Orix Capital Markets v. Park Avenue Assoc., 881 So. 2d 646 (Fla. 1st DCA 2004).

Novastar Mortg., Inc. v. Strassburger, 855 So. 2d 130 (Fla. 4th DCA 2003).

— 57.105(7) — 143 cases

Florida Cmty. Bank, N.A. v. Red Road Residential, LLC, 197 So. 3d 1112 (Fla. 3d DCA 2016). “442 of the Florida Rules of Civil Procedure, and the sanction provisions found in section 57.105, provide potential, substantive fee recovery mechanisms that might be applicable to a defendant asserting a non-party defense.”

Madl v. Wells Fargo Bank, N.A., 244 So. 3d 1134 (Fla. 5th DCA 2017).

Roberto Basulto v. Hialeah Auto., etc., 141 So. 3d 1145 (Fla. 2014).

— 57.105(8) — 1 case

Liliana Cadavid v. Daniel Saporta (Fla. 4th DCA 2022).

— 57.105(a) — 1 case

Motwani v. Oceancity Inv., Ltd., 682 So. 2d 1158 (Fla. 4th DCA 1996).

— 57.105(b) — 2 cases

Sexton v. Ferguson, 79 So. 3d 51 (Fla. 4th DCA 2011).

— 57.105(l) — 1 case

Glarum v. LaSalle Bank Nat'l Ass'n, 83 So. 3d 780 (Fla. 4th DCA 2011).

— 57.105(l)(a) — 15 cases

In Re Wille, 333 B.R. 891 (Bankr. M.D. Fla. 2005).

Trust Mortg., LLC v. Dina Ferlanti & Anthony Ferlanti, 193 So. 3d 997 (Fla. 4th DCA 2016).

Puglisi v. Puglisi, 135 So. 3d 1146 (Fla. 5th DCA 2014).

Lopez v. Dep't of Revenue, 201 So. 3d 119 (Fla. 3d DCA 2015).

— 57.105(l)(b) — 14 cases

Wells v. Halmac Dev., Inc., 189 So. 3d 1015 (Fla. 3d DCA 2016).

Santiago v. Sunset Core Investments, Inc., 198 So. 3d 658 (Fla. 2d DCA 2015).

Waddington v. Baptist Med. Ctr. of Beaches, Inc., 78 So. 3d 114 (Fla. 1st DCA 2012).

Santini v. Cleveland Clinic Florida, 65 So. 3d 22 (Fla. 4th DCA 2011).

Maradriaga v. 7-ELEVEN, 35 So. 3d 109 (Fla. 1st DCA 2010).

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