Florida Statutes
Fla. Stat. § 57.106 (2025)
Recovery of attorney fees and costs in certain disputes regarding property rights.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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57.106 Recovery of attorney fees and costs in certain disputes regarding property rights.—
(1) For the purposes of this section, the term “property rights” includes, but is not limited to, use rights, ingress and egress rights, and those rights incident to land bordering upon navigable waters as described in s. 253.141.
(2) In a civil action brought against the owner of a parcel of real property to resolve a dispute concerning property rights, the court must award reasonable attorney fees and costs to the prevailing defendant if the improvements made to the property by the defendant property owner were made in substantial compliance with, or in reliance on, environmental or regulatory approvals or permits issued by a political subdivision of the state or a state agency.
Notes of Decisions
Cited in 4
cases, 2001–2017 · leading case: SP Healthcase Holdings, LLC v. Surgery Ctr. Holdings, LLC, 208 So. 3d 775 (Fla. 2d DCA 2016).
SP Healthcase Holdings, LLC v. Surgery Ctr. Holdings, LLC, 208 So. 3d 775 (Fla. 2d DCA 2016). “Under the reciprocity provisions of section 57.106(7), Florida Statutes (2009), the ap-pellees are entitled to attorney’s fees and costs for having to defend the action.”
Lana v. Assimakopoulos-Panuthos, 228 So. 3d 709 (Fla. 2d DCA 2017). “4th DCA 1999), the trial court granted defendant Tetra Pak’s motion to dismiss and found that it was entitled to an award of‘“attorney’s fees under section 57.106(1).” The trial court also awarded Tetra Pak its expert witness fees, but the basis for this award is not identified…”
Wells v. Halmac Dev., Inc., 184 So. 3d 620 (Fla. 3d DCA 2016). “106(1) expressly awards prejudgment interest as part of its recovery: “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_” Accordingly, we conclude that…”
Sayre v. JMC Painting, Inc., 778 So. 2d 430 (Fla. 4th DCA 2001). “29, Florida Statutes (1999) (providing reasonable fees to prevailing party in action to enforce lien or claim against a bond), and section 57.106, and the county court granted them, but its fee judgment does not state pursuant to which statute the fees were awarded, and the…”
— 57.106(1) — 2 cases
Lana v. Assimakopoulos-Panuthos, 228 So. 3d 709 (Fla. 2d DCA 2017). “4th DCA 1999), the trial court granted defendant Tetra Pak’s motion to dismiss and found that it was entitled to an award of‘“attorney’s fees under section 57.106(1).” The trial court also awarded Tetra Pak its expert witness fees, but the basis for this award is not identified…”
Wells v. Halmac Dev., Inc., 184 So. 3d 620 (Fla. 3d DCA 2016). “106(1) expressly awards prejudgment interest as part of its recovery: “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_” Accordingly, we conclude that…”
— 57.106(7) — 1 case
SP Healthcase Holdings, LLC v. Surgery Ctr. Holdings, LLC, 208 So. 3d 775 (Fla. 2d DCA 2016). “Under the reciprocity provisions of section 57.106(7), Florida Statutes (2009), the ap-pellees are entitled to attorney’s fees and costs for having to defend the action.”
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