The 2023 Florida Statutes (including Special Session C)
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. . . affect the availability of attorney’s fees under other statutes including specifically “ss. 57.105 and 57.111 . . .
. . . application to collect attorney’s fees from the Department of Financial Services (“DFS”) under section 57.111 . . . attorney’s fees as the prevailing small business party in the underlying action, pursuant to section 57.111 . . . the ALJ’s final order denying McCloskey’s application for attorney’s fees is controlled by sections 57.111 . . . The Florida Equal Access to Justice Act (FEAJA), section 57.111, Florida Statutes, provides in pertinent . . . See § 57.111(3)(e), Fla. Stat. (2011); Ag. for Health Care Admin. v. . . .
. . . and of the department and the taxpayer to settle such claims through negotiations (see ss. 57.105 and 57.111 . . .
. . . (MVP) was entitled to attorney's fees and costs under section 57.111, Florida Statutes (2010). . . . After receiving this favorable order, MVP moved for attorney’s fees pursuant to section 57.111(4)(a), . . . fees issue, DOAH issued the order on appeal awarding attorney’s fees and costs to MVP under section 57.111 . . . The “Substantial Justification” Standard Section 57.111(4)(a) states fees may be awarded in the following . . . An additional consideration when evaluating an agency’s action under section 57.111 is that the inquiry . . .
. . . Boetzel then filed a petition for attorney’s fees and costs pursuant to section 57.111, Florida Statutes . . . Section 57.111(4)(d) states in pertinent part that the ALJ “in the case of a proceeding under chapter . . . Thus, section 57.111(4)(d) clearly provides for an evidentiary hearing to be held on a petition for attorney . . . Section 57.111 “will take the same construction in the Florida courts as its prototype has been given . . . Therefore, we need not construe section 57.111(4)(d) consistently with federal cases on this issue. . . .
. . . appeals the final administrative order denying his application for attorney’s fees pursuant to section 57.111 . . . See § 57.111(4)(a). . . . Section 57.111(4)(a) provides: Unless otherwise provided by law, an award of attorney’s fees and costs . . .
. . . commencement of the action, and, thus, were barred from seeking attorney’s fees under either section 57.105 or 57.111 . . . and of the department and taxpayer to settle such claims through negotiations, (see ss. 57.105 and 57.111 . . .
. . . Shimkus responded and also filed a motion for prevailing party attorney’s fees under section 57.111, . . . Shimkus would have been had the agency adopted the recommended order, the ALJ observed that section 57.111 . . . ] request for fees and costs is denied as a matter of law and as a final order, pursuant to Section 57.111 . . .
. . . filed a petition for attorney’s fees under the Florida Equal Access to Justice Act (FEAJA), section 57.111 . . . The statute at issue in this case, section 57.111, Florida Statutes (2002), is clear and unambiguous. . . . It provides in relevant part: 57.111 Civil actions and administrative proceedings initiated by state . . . Section 57.111(3)(d)(l)(a) defines a small business party as an entity that is a sole proprietor of an . . . See § 57.111(3)(d)l.a and b, Fla.Stat. This does not encompass individual employees. . . .
. . . Thereafter, Appellee moved for an award of attorney’s fees and costs under section 57.111, Florida Statutes . . . Section 57.111 provides for such an award “to a prevailing small business party in any adjudicatory proceeding . . . agency were substantially justified or special circumstances exist which would make the award unjust.” § 57.111 . . . justified, having “a reasonable basis in law and fact at the time it was initiated by a state agency.” § 57.111 . . .
. . . See § 57.111, Fla. Stat. (2002). . . . ANALYSIS Casa Febe met all the prerequisites of section 57.111 (a small business with fewer than twenty-five . . .
. . . Department concedes that Dellicarpini is entitled to attorney’s fees and costs, pursuant to section 57.111 . . .
. . . . § 57.111, Fla. . . . Administrative Law Judge’s [ALJ] finding that she is not a “small business party” as defined by section 57.111 . . .
. . . We determine that the Administrative Law Judge (“ALJ”) improperly granted fees pursuant to section 57.111 . . . Cralle filed a motion for attorney’s fees and costs under section 57.111, Florida Statutes, the Florida . . . that was presented to the probable cause panel; thus, Cralle was not entitled to fees under section 57.111 . . . Section 57.111, Florida Statutes, provides for awards of attorney’s fees and costs in judicial as well . . . Under section 57.111(3)(e), “[a] proceeding is “substantially justified” if it had a reasonable basis . . .
. . . We affirm the denial of appellant’s petition for attorney’s fees under section 57.111, Florida Statutes . . . that the underlying action against him was not substantially justified within the meaning of section 57.111 . . . See § 57.111(3)(e), Fla. Stat. (2000). . . . Section 57.111(4)(a), Florida Statutes (2000) provides that: Unless otherwise provided by law, an award . . .
. . . Once the party seeking fees under the statute proves it is a small business, as defined by section 57.111 . . .
. . . After the case was dismissed, he filed a petition for attorney’s fees under section 57.111, Florida Statutes . . . Section 57.111 authorizes the recovery of attorney’s fees against the state, in some cases, by a “prevailing . . . The judge awarded fees under section 57.111 to Toledo Realty, Inc., but denied them to Alfert on the . . . individual who is merely an employee cannot be a “small business party” within the meaning of section 57.111 . . . The Department points out in its motion for rehearing that an award of attorney’s fees under section 57.111 . . .
. . . We reject Salter’s supposition that fees were awarded pursuant to section 57.111, Florida Statutes (1997 . . . See § 57.111(3)(d). . . .
. . . In that order, the ALJ declined to award appellant, Sarny Helmy, attorneys’ fees pursuant to section 57.111 . . . July 1996,and Helmy thereafter filed his petition for attorneys’ fees and costs pursuant to section 57.111 . . . Section 57.111(4)(a), Florida Statutes (1991), provides: Unless otherwise provided by law,, an award . . . Once the party seeking fees under the statute proves it is a small business, as defined by section 57.111 . . . justified’ if it had a reasonable basis in law and fact at the time it was initiated by a state agency.” § 57.111 . . .
. . . The order of the Division of Administrative Hearings awarding attorney fees and costs under section 57.111 . . .
. . . . § 57.111(4)(a), Fla.Stat. (1993); Department of Professional Regulation, Div. of Real Estate v. . . .
. . . The order of the Division of Administrative Hearings awarding attorney fees and costs under section 57.111 . . .
. . . Finally, pursuant to Florida Statute § 57.111, a plaintiff may seek attorneys fees for actions filed . . .
. . . (DOAH) dismissing the appellant’s petition for attorney’s fees and costs filed pursuant to section 57.111 . . . The appellant then filed a petition with DOAH for attorney’s fees and costs pursuant to section 57.111 . . . Section 57.111(4)(a), Florida Statutes (1993) provides: Unless otherwise provided by law, an award of . . . section 443.141 was an “administrative proceeding pursuant to chapter 120” as contemplated by section 57.111 . . .
. . . The final orders awarding appellee $15,000 in attorney fees and costs pursuant to section 57.111, Florida . . . The provision of section 57.111(4)(d) limiting the amount of the award extends to fees and costs incurred . . .
. . . Section 57.111 allows litigants to recover attorney's fees and costs for a successful defense against . . .
. . . Estate Commission appeals an order by which the appellee was awarded an attorney’s fee under section 57.111 . . . The ap-pellee then sought a section 57.111 attorney’s fee, which may be recovered by a prevailing small . . . Section 57.111 authorizes an attorney’s fee for a qualifying small business party, which must be a corporation . . . See § 57.111(3)(d)l.a and b, Pla.Stat. This does not encompass individual employees. . . . small business party as defined by the statute, and he thus should not have been awarded a section 57.111 . . .
. . . The Florida Equal Access to Justice Act, section 57.111, Florida Statutes (1993), confers final order . . .
. . . In proceedings under the Florida Equal Access to Justice Act (Act), section 57.111, Florida Statutes, . . . 60 days after the date that the small business party becomes a prevailing small business party.” § 57.111 . . . If a favorable judgment or order is reversed, section 57.111, Florida Statutes (1993), authorizes no . . . But the favorable judgment or order section 57.111 makes prerequisite to an award of fees and costs is . . . Settlement or voluntary dismissal aside, the sixty-day period in which section 57.111(4)(b)2, Florida . . .
. . . administrative proceedings and denied Belveal’s motion for attorney’s fees and costs under section 57.111 . . .
. . . Immediately after the dismissal, Hoover filed a petition for fees and costs pursuant to section 57.111 . . .
. . . For the following reasons, we approve the award under section 57.111, but reverse the award under section . . . CASE NO. 92-679: 57.111 FEES AND COSTS Section 57.111 is known as the “Florida Equal Access to Justice . . . See section 57.111(1), Florida Statutes. . . . Accordingly, we affirm the fees awarded under section 57.111. . . . See section 57.111(4)(d). . . .
. . . Zalis, were awarded attorney’s fees pursuant to the Florida Equal Access to Justice Act, § 57.111, Florida . . . The Act directs the hearing officer to “promptly conduct an evidentiary hearing.” § 57.111(4)(d). . . . Indeed, we believe that the thrust of § 57.111(4)(d) is to require the prompt resolution of the fee dispute . . . Puckett Oil Co., 577 So.2d 988 (Fla. 1st DCA 1991), the agency filed a response to a § 57.111 petition . . . Petitioners are small business parties as defined by Section 57.111, Florida Statutes. . . .
. . . Both section 57.111(4)(b)(2), Florida Statutes, 1991 and Rule 221-6.035 require a petition for fees to . . . Section 57.111 (4)(b)(2), Florida Statutes (1991) provides: The application for an award of attorney's . . . Section 57.111(3) provides, in pertinent part: (c) A small business party is a "prevailing small business . . .
. . . addressed only whether, when ruling on a motion for attorney’s fees against an agency under section 57.111 . . .
. . . Jory filed a petition for attorney’s fees and costs pursuant to Section 57.111, Florida Statutes (1989 . . . Under the Act, Section 57.111(3)(d)l.a. defines a small business party as: A sole proprietor of an unincorporated . . . Jory appealed the denial of attorney’s fees on two grounds: (1) the residency requirement in Section 57.111 . . . Clearly, the residency requirements of Section 57.111, Florida Statutes, do not meet the first prong . . . Additionally, the statutory distinction in Section 57.111 between resident and nonresident licensees . . .
. . . of Administrative Hearings which denied its claim for attorney’s fees and costs pursuant to section 57.111 . . . Section 57.111(3)(e) provides that such action is “substantially justified” where there exists a reasonable . . . The term “initiated by a state agency” means, in pertinent part, that the state agency, under section 57.111 . . . Section 57.111(3)(c) provides: (c) A small business party is a “prevailing small business party” when . . . Section 57.111(2) states: The purpose of this section is to diminish the deterrent effect of seeking . . .
. . . Administrative Hearings (DOAH or division), assessing against it attorney’s fees and costs, pursuant to Section 57.111 . . . b)4, authorizing parties “to respond, to present evidence and argument on all issues,” and sections 57.111 . . .
. . . 23,1986 to November 8, 1986, ERM-Southwest conducted 165 packer tests in 26 boreholes at the site. 57.111 . . .
. . . necessarily forecloses the Youngs’ second point on appeal, a claim for attorney’s fees pursuant to section 57.111 . . .
. . . Section 57.111 Fla. . . . Section 57.111(4)(a) contains a specific statement of the goals of the Florida Legislature in permitting . . . Section 57.111(e) Fla. . . .
. . . . § 57.111(4)(b)(2), Fla.Stat. (1987). . . .
. . . Administrative Hearings officer, awarding attorney’s fees against it pursuant to the provisions of Section 57.111 . . . , he therefore did not fall within the definition of a small business party, as provided in section 57.111 . . . We consider that his construction is consistent with the legislative purpose, as provided in section 57.111 . . . Section 504(a)(1) of the EAJA, similar to Section 57.111(4)(a), Florida Statutes, provides: (a)(1) An . . . See section 57.111(3)(e), providing: “A proceeding is ‘substantially justified’ if it had a reasonable . . .
. . . Sec. 57.111 RSMo 1979 authorizes temporary commissions. . . .
. . . Section 57.111(4)(a), Florida Statutes. . . .
. . . Section 57.111(4)(a), Florida Statutes (1987). . . . Section 57.111(4)(a), Florida Statutes (1987). . . . Section 57.111(3)(b), Florida Statutes (1987). . . . Section 57.111(3)(b), Florida Statutes (1987). . . . Section 57.111(4)(a), Florida Statutes (1987). . . .
. . . FS § 57.111(4)(b)1. . . . FS § 57.111(4)(a), (1987). . . . FS § 57.111(4)(a), (1987). . . . FS § 57.111(3)(b), (1987). . . . FS § 57.111(3)(b), (1987). . . .
. . . the Division of Administrative Hearings denying his petition for attorney’s fees filed pursuant to § 57.111 . . . Thompson then filed a petition for attorney’s fees pursuant to section 57.111. . . . denied the petition for attorney’s fees, finding that Thompson did not meet the criteria outlined in § 57.111 . . . Section 57.111, Fla.Stat. (1987), provides for an award of attorney’s fees from the state to a “small . . .
. . . Alfert and Toledo Realty, Inc., requested an award of attorney’s fees and costs pursuant to Section 57.111 . . . Petitioners thereafter timely filed their request for attorney’s fees and costs pursuant to Section 57.111 . . . Subsection 57.111(3)(d)l., Florida Statutes (1987), defines the term “small business party” as follows . . . Thus, unlike Section 57.111, the federal law allows a prevailing employee to recover fees and other expenses . . . petitioner TRI $12,239.60 within thirty days from the date of this order as required by Subsection 57.111 . . .
. . . .$583.58 HRS argued that section 57.111, Florida Statutes (The Florida Equal Access to Justice Act of . . .
. . . County, Florida, Inc., (Home Health Care of Bay) is entitled to attorney’s fees and costs under Section 57.111 . . . Health Care of Bay filed a petition seeking an award of attorneys’ fees and costs pursuant to Section 57.111 . . . Section 57.111(4)(c) provides that: [A]n award of attorney’s fees and costs shall be made to a prevailing . . . As defined in Section 57.111(3), the following words or phrases are applicable to Section 57.111(4)(c . . . Sections 57.111 and 120.57(1), Florida Statutes. . . .
. . . The airport authority does not contest the individual cost assessments but contends that section 57.111 . . . CDC also contends that section 57.111 provides an additional or alternative remedy to small businesses . . . Prior to the enactment of section 57.111 in 1984, costs clearly could be taxed in favor of the party . . . See § 57.111(4)(a). . . . history confirms our interpretation of the appropriate purpose and scope of section 57.111. . . .
. . . concerning assessment of the maximum amount of costs which can be assessed against appellant under section 57.111 . . .
. . . application for attorney’s fees and costs under the Florida Equal Access to Justice Act (FEAJA), Section 57.111 . . . that the hearing officer erred in his conclusion that Gentele was a small business party under section 57.111 . . . determining that the actions of the DPR were “substantially justified” within the meaning of section 57.111 . . . Section 57.111 provides that attorney’s fees and costs shall be made to a prevailing small business party . . . Section 57.111(3)(e). . . .
. . . Section 57.111(4)(a) F.S.. . . . Felix Robaina is a “prevailing small business party”, as provided in section 57.111 F.S.. . . . Subsection 57.111(4)(a) F.S., provides, 4(a). . . . Subsection 57.111(3)(e) provides, A proceeding is “substantially justified” if it had a reasonable basis . . . Unlike section 57.105, F.S., the “Florida Equal Access to Justice Act”, section 57.111 F.S. does not . . .
. . . issue for determination is whether Petitioner is entitled to attorney’s fees and costs under Section 57.111 . . . clear and unrebutted that the Petitioner is a “small business party” as that term is defined in Section 57.111 . . . This case arises under the Florida Equal Access to Justice Act (FEAJA), Section 57.111, Florida Statutes . . .