Florida Statute 57.111 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 57
COURT COSTS

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F.S. 57.111

57.111 Civil actions and administrative proceedings initiated by state agencies; attorneys’ fees and costs.—

(1) This section may be cited as the “Florida Equal Access to Justice Act.”

(2) The Legislature finds that certain persons may be deterred from seeking review of, or defending against, unreasonable governmental action because of the expense of civil actions and administrative proceedings. Because of the greater resources of the state, the standard for an award of attorney’s fees and costs against the state should be different from the standard for an award against a private litigant. The purpose of this section is to diminish the deterrent effect of seeking review of, or defending against, governmental action by providing in certain situations an award of attorney’s fees and costs against the state.

(3) As used in this section:

(a) The term “attorney’s fees and costs” means the reasonable and necessary attorney’s fees and costs incurred for all preparations, motions, hearings, trials, and appeals in a proceeding.

(b) The term “initiated by a state agency” means that the state agency:

1. Filed the first pleading in any state or federal court in this state;

2. Filed a request for an administrative hearing pursuant to chapter 120; or

3. Was required by law or rule to advise a small business party of a clear point of entry after some recognizable event in the investigatory or other free-form proceeding of the agency.

1. A final judgment or order has been entered in favor of the small business party and such judgment or order has not been reversed on appeal or the time for seeking judicial review of the judgment or order has expired;

2. A settlement has been obtained by the small business party which is favorable to the small business party on the majority of issues which such party raised during the course of the proceeding; or

3. The state agency has sought a voluntary dismissal of its complaint.

(d) The term “small business party” means:

1.a. A sole proprietor of an unincorporated business, including a professional practice, whose principal office is in this state, who is domiciled in this state, and whose business or professional practice has, at the time the action is initiated by a state agency, not more than 25 full-time employees or a net worth of not more than $2 million, including both personal and business investments;

b. A partnership or corporation, including a professional practice, which has its principal office in this state and has at the time the action is initiated by a state agency not more than 25 full-time employees or a net worth of not more than $2 million; or

c. An individual whose net worth did not exceed $2 million at the time the action is initiated by a state agency when the action is brought against that individual’s license to engage in the practice or operation of a business, profession, or trade; or

2. Any small business party as defined in subparagraph 1., without regard to the number of its employees or its net worth, in any action under s. 72.011 or in any administrative proceeding under that section to contest the legality of any assessment of tax imposed for the sale or use of services as provided in chapter 212, or interest thereon, or penalty therefor.

(e) A proceeding is “substantially justified” if it had a reasonable basis in law and fact at the time it was initiated by a state agency.

(f) The term “state agency” has the meaning described in s. 120.52(1).

(4)(a) Unless otherwise provided by law, an award of attorney’s fees and costs shall be made to a prevailing small business party in any adjudicatory proceeding or administrative proceeding pursuant to chapter 120 initiated by a state agency, unless the actions of the agency were substantially justified or special circumstances exist which would make the award unjust.

(b)1. To apply for an award under this section, the attorney for the prevailing small business party must submit an itemized affidavit to the court which first conducted the adversarial proceeding in the underlying action, or by electronic means through the division’s website to the Division of Administrative Hearings which shall assign an administrative law judge, in the case of a proceeding pursuant to chapter 120, which affidavit shall reveal the nature and extent of the services rendered by the attorney as well as the costs incurred in preparations, motions, hearings, and appeals in the proceeding.

2. The application for an award of attorney’s fees must be made within 60 days after the date that the small business party becomes a prevailing small business party.

(d) The court, or the administrative law judge in the case of a proceeding under chapter 120, shall promptly conduct an evidentiary hearing on the application for an award of attorney’s fees and shall issue a judgment, or a final order in the case of an administrative law judge. The final order of an administrative law judge is reviewable in accordance with the provisions of s. 120.68. If the court affirms the award of attorney’s fees and costs in whole or in part, it may, in its discretion, award additional attorney’s fees and costs for the appeal.

1. No award of attorney’s fees and costs shall be made in any case in which the state agency was a nominal party.

2. No award of attorney’s fees and costs for an action initiated by a state agency shall exceed $50,000.

(5) If the state agency fails to tender payment of the award of attorney’s fees and costs within 30 days after the date that the order or judgment becomes final, the prevailing small business party may petition the circuit court where the subject matter of the underlying action arose for enforcement of the award by writ of mandamus, including additional attorney’s fees and costs incurred for issuance of the writ.

(6) This section does not apply to any proceeding involving the establishment of a rate or rule or to any action sounding in tort.

History.—ss. 1, 2, 3, 4, 5, 6, ch. 84-78; s. 43, ch. 87-6; s. 7, ch. 87-224; s. 21, ch. 92-315; s. 8, ch. 95-196; s. 6, ch. 96-410; s. 8, ch. 99-353; s. 6, ch. 2000-336; s. 10, ch. 2003-94; s. 2, ch. 2006-82; s. 9, ch. 2011-208.

F.S. 57.111 on Google Scholar

F.S. 57.111 on CourtListener

Amendments to 57.111

Annotations, Discussions, Cases:

Cases Citing Statute 57.111

Total Results: 48

Daniels v. Florida Dept. of Health

898 So. 2d 61, 30 Fla. L. Weekly Supp. 143, 2005 Fla. LEXIS 400, 2005 WL 549896

Supreme Court of Florida | Filed: Mar 10, 2005 | Docket: 2518599

Cited 106 times | Published

Florida Equal Access to Justice Act (FEAJA), section 57.111, Florida Statutes (2002), seeking an award

DEPT. OF PRO. REG. v. Toledo Realty, Inc.

549 So. 2d 715

District Court of Appeal of Florida | Filed: Sep 20, 1989 | Docket: 1374191

Cited 15 times | Published

fees against it pursuant to the provisions of Section 57.111, Florida Statutes (1987), the Florida Equal

STATE, DEPT. OF ENV. REGULATION v. Puckett Oil Co., Inc.

577 So. 2d 988, 1991 Fla. App. LEXIS 3176, 1991 WL 46857

District Court of Appeal of Florida | Filed: Apr 3, 1991 | Docket: 1654246

Cited 14 times | Published

against it attorney's fees and costs, pursuant to Section 57.111, Florida Statutes (1989), in favor of Puckett

STATE, DHRS v. Southpointe Pharmacy

636 So. 2d 1377, 1994 WL 182035

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 1362119

Cited 7 times | Published

[3] The Florida Equal Access to Justice Act, section 57.111, Florida Statutes (1993), confers final order

Rindley v. Gallagher

890 F. Supp. 1540, 1995 U.S. Dist. LEXIS 9214, 1995 WL 389309

District Court, S.D. Florida | Filed: Jun 21, 1995 | Docket: 1607568

Cited 6 times | Published

1338-39. Finally, pursuant to Florida Statute § 57.111, a plaintiff may seek attorneys fees for actions

Ann & Jan Retirement Villa, Inc. v. DHRS

580 So. 2d 278, 1991 WL 76514

District Court of Appeal of Florida | Filed: May 15, 1991 | Docket: 1365414

Cited 5 times | Published

claim for attorney's fees and costs pursuant to section 57.111, Florida Statutes (1990), also known as the

STATE, DEPT. OF HWY. SAFETY v. Salter

710 So. 2d 1039, 1998 WL 264612

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 1444885

Cited 4 times | Published

supposition that fees were awarded pursuant to section 57.111, Florida Statutes (1997), which governs fee

Thompson v. DHRS

533 So. 2d 840, 1988 WL 107406

District Court of Appeal of Florida | Filed: Oct 19, 1988 | Docket: 1232411

Cited 4 times | Published

petition for attorney's fees filed pursuant to § 57.111, Florida Statutes (1987), the Florida Equal Access

Naples Airport Auth. v. Collier Dev. Corp.

513 So. 2d 247, 12 Fla. L. Weekly 2361

District Court of Appeal of Florida | Filed: Sep 30, 1987 | Docket: 1689547

Cited 4 times | Published

which can be assessed against appellant under section 57.111, Florida Statutes (1985), is premature in this

Dept. of Health & Rehab. Services v. Sg

613 So. 2d 1380, 1993 WL 40477

District Court of Appeal of Florida | Filed: Feb 19, 1993 | Docket: 676997

Cited 3 times | Published

following reasons, we approve the award under section 57.111, but reverse the award under section 120.57

Brown v. DEPT. OF PRO. REGULATION, BD. OF PSYCH. EXAMINERS

602 So. 2d 1337, 1992 WL 170980

District Court of Appeal of Florida | Filed: Jul 23, 1992 | Docket: 1714492

Cited 3 times | Published

for attorney's fees against an agency under section 57.111 (the Florida Equal Access To Justice Act) on

Young v. ST., DEPT. OF COMMUNITY AFFAIRS

567 So. 2d 2, 1990 WL 82454

District Court of Appeal of Florida | Filed: Oct 16, 1990 | Docket: 1381516

Cited 3 times | Published

appeal, a claim for attorney's fees pursuant to section 57.111, Florida Statutes (1987). Affirmed. ON SUGGESTION

Naples Airport Auth. v. Collier Dev.

515 So. 2d 1058, 1987 WL 1807

District Court of Appeal of Florida | Filed: Nov 25, 1987 | Docket: 1467464

Cited 3 times | Published

individual cost assessments but contends that section 57.111(4)(d)(2), Florida Statutes (1985), controls

Gentele v. DEPT. OF PROFESSIONAL REG.

513 So. 2d 672, 12 Fla. L. Weekly 1673

District Court of Appeal of Florida | Filed: Jul 10, 1987 | Docket: 1689334

Cited 3 times | Published

Florida Equal Access to Justice Act (FEAJA), Section 57.111, Florida Statutes. The Department of Professional

Florida Real Estate Com'n v. Shealy

647 So. 2d 151, 1994 Fla. App. LEXIS 4958, 19 Fla. L. Weekly Fed. D 1149

District Court of Appeal of Florida | Filed: May 25, 1994 | Docket: 322873

Cited 2 times | Published

appellee was awarded an attorney's fee under section 57.111, Florida Statutes. Because the appellee was

Agency for Health Care Administration v. MVP Health, Inc.

74 So. 3d 1141, 2011 Fla. App. LEXIS 19197, 2011 WL 6004353

District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 2357626

Cited 1 times | Published

entitled to attorney's fees and costs under section 57.111, Florida Statutes (2010). MVP requested fees

Daniels v. STATE, DEPT. OF HEALTH

868 So. 2d 551, 2004 Fla. App. LEXIS 179, 2004 WL 57308

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 1275524

Cited 1 times | Published

pursuant to the Florida Equal Access to Justice Act. § 57.111, Fla. Stat. (2002), based on the Administrative

Fish v. DEPT. OF HEALTH, BD. OF DENTISTRY

825 So. 2d 421, 2002 Fla. App. LEXIS 8541, 2002 WL 1332037

District Court of Appeal of Florida | Filed: Jun 19, 2002 | Docket: 1691183

Cited 1 times | Published

appellant's petition for attorney's fees under section 57.111, Florida Statutes (2000), the Florida Equal

Antoine Salameh, D.C. v. Florida Department of Health

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60498296

Published

where a licensee seeks attorneys’ fees under section 57.111(3)(e), Florida Statutes (2020). See, e.g.,

Q.H. c/o AMY HILL v. SUNSHINE STATE HEALTH PLAN, INC.

District Court of Appeal of Florida | Filed: Oct 7, 2020 | Docket: 18519690

Published

(2) section 57.105(5), Florida Statutes; (3) section 57.111, Florida Statutes; and (4) equitable considerations

Q.H. c/o AMY HILL v. SUNSHINE STATE HEALTH PLAN, INC.

District Court of Appeal of Florida | Filed: Oct 7, 2020 | Docket: 18512280

Published

(2) section 57.105(5), Florida Statutes; (3) section 57.111, Florida Statutes; and (4) equitable considerations

McCloskey v. Department of Financial Services

172 So. 3d 973, 2015 Fla. App. LEXIS 12559, 2015 WL 4950094

District Court of Appeal of Florida | Filed: Aug 21, 2015 | Docket: 60250181

Published

Department of Financial Services (“DFS”) under section 57.111, Florida Statutes (2011). McClos-key, as the

Boetzel v. Department of Business & Professional Regulation

32 So. 3d 780, 2010 Fla. App. LEXIS 5958, 35 Fla. L. Weekly Fed. D 985

District Court of Appeal of Florida | Filed: Apr 30, 2010 | Docket: 1663083

Published

petition for attorney's fees and costs pursuant to section 57.111, Florida Statutes (2008). On November 17, 2008

Thompson v. Department of Health, Board of Medicine

7 So. 3d 1150, 2009 Fla. App. LEXIS 2280, 34 Fla. L. Weekly Fed. D 618

District Court of Appeal of Florida | Filed: Mar 20, 2009 | Docket: 1655540

Published

application for attorney's fees pursuant to section 57.111(4)(a), Florida Statutes (2007) (Florida Equal

Shimkus v. Department of Business & Professional Regulation, Construction Industry Licensing Board

906 So. 2d 1196, 2005 Fla. App. LEXIS 11056, 2005 WL 1682427

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 64839625

Published

for prevailing party attorney’s fees under section 57.111, Florida Statutes. After a hearing, the ALJ

Department of Health, Board of Medicine v. Thomas

890 So. 2d 400, 2004 Fla. App. LEXIS 19706, 2004 WL 2964068

District Court of Appeal of Florida | Filed: Dec 23, 2004 | Docket: 64835278

Published

an award of attorney’s fees and costs under section 57.111, Florida Statutes. The ALJ awarded such fees

Casa Febe Retirement Home, Inc. v. Agency for Health Care Administration

892 So. 2d 1103, 2004 Fla. App. LEXIS 17034, 2004 WL 2532962

District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 64835815

Published

$10,889 for its attorney’s fees and costs. See § 57.111, Fla. Stat. (2002). Following a hearing, the ALJ

Dellicarpini v. Kerr

873 So. 2d 536, 2004 Fla. App. LEXIS 6976, 2004 WL 1104001

District Court of Appeal of Florida | Filed: May 19, 2004 | Docket: 64830693

Published

entitled to attorney’s fees and costs, pursuant to section 57.111, Florida Statutes (2002). *537Both parties

Department of Health, Board of Physical Therapy Practice v. Cralle

852 So. 2d 930, 2003 Fla. App. LEXIS 12742, 2003 WL 22002681

District Court of Appeal of Florida | Filed: Aug 26, 2003 | Docket: 64824448

Published

(“ALJ”) improperly granted fees pursuant to section 57.111, Florida Statutes, and reverse. The appellee

State Department of Insurance v. Florida Bankers Ass'n

764 So. 2d 660, 2000 WL 628005

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1516407

Published

proves it is a small business, as defined by section 57.111, and is the prevailing party, the burden shifts

Albert v. DEPT. OF HEALTH

763 So. 2d 1130, 1999 WL 1259990

District Court of Appeal of Florida | Filed: Feb 23, 2000 | Docket: 1681763

Published

filed a petition for attorney's fees under section 57.111, Florida Statutes (1997), which the administrative

Helmy v. Department of Business & Professional Regulation

707 So. 2d 366, 1998 Fla. App. LEXIS 1321, 1998 WL 60497

District Court of Appeal of Florida | Filed: Feb 17, 1998 | Docket: 64779603

Published

appellant, Sarny Helmy, attorneys’ fees pursuant to section 57.111, Florida Statutes (1991). We reverse. In 1992

Department of Health v. Ovadia

702 So. 2d 301, 1997 Fla. App. LEXIS 13992, 1997 WL 764516

District Court of Appeal of Florida | Filed: Dec 15, 1997 | Docket: 64777222

Published

Hearings awarding attorney fees and costs under section 57.111, Florida Statutes, to a medical doctor after

Minkes v. Agency for Health Care Administration

661 So. 2d 420, 1995 Fla. App. LEXIS 10906, 1995 WL 610609

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 64759260

Published

PER CURIAM. Affirmed. § 57.111(4)(a), Fla.Stat. (1993); Department of Professional Regulation, Div.

Agency for Health Care Administration v. Gonzalez

657 So. 2d 56, 1995 Fla. App. LEXIS 7289, 1995 WL 387170

District Court of Appeal of Florida | Filed: Jul 3, 1995 | Docket: 64757515

Published

Hearings awarding attorney fees and costs under section 57.111, Florida Statutes, to a medical doctor after

Hitchcock & Driver Enterprises, Inc. v. Department of Labor & Employment Security

652 So. 2d 970, 1995 Fla. App. LEXIS 3505, 1995 WL 147319

District Court of Appeal of Florida | Filed: Apr 6, 1995 | Docket: 64755251

Published

attorney’s fees and costs filed pursuant to section 57.111, Florida Statutes. Because we conclude that

Agency for Health Care Administration v. Redi-Care Home Services, Inc.

650 So. 2d 222, 1995 Fla. App. LEXIS 1425, 1995 WL 61474

District Court of Appeal of Florida | Filed: Feb 16, 1995 | Docket: 64754196

Published

000 in attorney fees and costs pursuant to section 57.111, Florida Statutes, are supported by competent

Agency for Health Care Administration v. Redi-Care Home Services, Inc.

650 So. 2d 222, 1995 Fla. App. LEXIS 1425, 1995 WL 61474

District Court of Appeal of Florida | Filed: Feb 16, 1995 | Docket: 64754196

Published

000 in attorney fees and costs pursuant to section 57.111, Florida Statutes, are supported by competent

Florida Department of Insurance v. Centex-Great Southwest Corp.

639 So. 2d 646, 1994 Fla. App. LEXIS 6519

District Court of Appeal of Florida | Filed: Jul 5, 1994 | Docket: 64749637

Published

exempts the receiver from the provisions of section 57.-111, Florida Statutes,2 Chapter 631, Part I, is

State, Department of Health & Rehabilitative Services v. South Beach Pharmacy, Inc.

635 So. 2d 117, 1994 Fla. App. LEXIS 3339, 1994 WL 120047

District Court of Appeal of Florida | Filed: Apr 12, 1994 | Docket: 64747681

Published

Florida Equal Access to Justice Act (Act), section 57.111, Florida Statutes, small business parties who

Belveal v. State, Department of Health & Rehabilitative Services

632 So. 2d 687, 1994 Fla. App. LEXIS 1461, 1994 WL 58055

District Court of Appeal of Florida | Filed: Feb 25, 1994 | Docket: 64746579

Published

motion for attorney’s fees and costs under section 57.111(4), Florida Statutes (1991) on the ground that

Hoover v. Department of Professional Regulation

620 So. 2d 805, 1993 Fla. App. LEXIS 6728, 1993 WL 221403

District Court of Appeal of Florida | Filed: Jun 25, 1993 | Docket: 64697161

Published

filed a petition for fees and costs pursuant to section 57.111, Florida Statutes (1989).1 A hearing was held

Department of Insurance & Treasurer v. Administrators Corp.

603 So. 2d 1359, 1992 Fla. App. LEXIS 9159, 1992 WL 197778

District Court of Appeal of Florida | Filed: Aug 18, 1992 | Docket: 64669406

Published

pursuant to the Florida Equal Access to Justice Act, § 57.111, Florida Statutes (1989) (the Act), which provides

Eager v. Florida Keys Aqueduct Authority

605 So. 2d 883, 1992 Fla. App. LEXIS 8621, 1992 WL 191602

District Court of Appeal of Florida | Filed: Aug 11, 1992 | Docket: 64670106

Published

dismissing the application for attorney’s fees. Both section 57.111(4)(b)(2), Florida Statutes, 19911 and Rule

Jory v. Department of Professional Regulation

583 So. 2d 1075, 1991 Fla. App. LEXIS 6718, 1991 WL 126696

District Court of Appeal of Florida | Filed: Jul 11, 1991 | Docket: 64660729

Published

petition for attorney’s fees and costs pursuant to Section 57.111, Florida Statutes (1989), known as the Florida

Minkes v. Department of Professional Regulation, Board of Osteopathic Medical Examiners

550 So. 2d 1175, 1989 Fla. App. LEXIS 5986, 1989 WL 125799

District Court of Appeal of Florida | Filed: Oct 24, 1989 | Docket: 64645825

Published

PER CURIAM. Affirmed. § 57.111(4)(b)(2), Fla.Stat. (1987).

Ago

Florida Attorney General Reports | Filed: Oct 5, 1988 | Docket: 3256244

Published

subject to the provisions contained therein. Section 57.111, F.S., the Florida Equal Access to Justice

Dept. of Health & Rehab. Serv. v. Af

528 So. 2d 87, 1988 WL 68506

District Court of Appeal of Florida | Filed: Jul 7, 1988 | Docket: 1367941

Published

............. .. $583.58 HRS argued that section 57.111, Florida Statutes (The Florida Equal Access