Florida Statutes

Fla. Stat. § 57.111 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 55 cases (1 in the last 5 years), 1987–2021 · leading case: Daniels v. Florida Dept. of Health, 898 So. 2d 61 (Fla. 2005).

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Daniels v. Florida Dept. of Health, 898 So. 2d 61 (Fla. 2005). · cites it 25× “§ 57.111, Fla. Stat. (2002) (emphasis added).”

Dept. of Health & Rehab. Servs. v. Sg, 613 So. 2d 1380 (Fla. 1st DCA 1993). · cites it 25× “" Additionally, the hearing officer found that this award of fees "shall be without prejudice to proceedings under section 57.111, Florida Statutes (1989), and Rule 22I.”

Naples Airport Auth. v. Collier Dev., 515 So. 2d 1058 (Fla. 2d DCA 1987). · cites it 23× “CDC also contends that section 57.111 provides an additional or alternative remedy to small businesses but does not limit a cost award entered pursuant to section 57.”

DEPT. OF PRO. REG. v. Toledo Realty, Inc., 549 So. 2d 715 (Fla. 1st DCA 1989). · cites it 7× “The Department of Professional Regulation (DPR) appeals a final order of a Division of Administrative Hearings officer, awarding attorney's fees against it pursuant to the provisions of Section 57.111, Florida Statutes (1987), the Florida Equal Access to Justice Act (FEAJA).”

Gentele v. Dept. of Prof'l Reg., 513 So. 2d 672 (Fla. 1st DCA 1987). · cites it 6× “(Gentele), appeals the final order issued by the DOAH hearing officer denying his application for attorney's fees and costs under the Florida Equal Access to Justice Act (FEAJA), Section 57.111, Florida Statutes. The Department of Professional Regulation (DPR) cross-appeals,…”

Dep't of Health, Bd. of Physical Therapy Practice v. Cralle, 852 So. 2d 930 (Fla. 1st DCA 2003). · cites it 9× “We determine that the Administrative Law Judge (“ALJ”) improperly granted fees pursuant to section 57.111, Florida Statutes, and reverse.”

Fish v. Dept. of Health, Bd. of Dentistry, 825 So. 2d 421 (Fla. 4th DCA 2002). · cites it 7× “We affirm the denial of appellant's petition for attorney's fees under section 57.111, Florida Statutes (2000), the Florida Equal Access to Justice Act (FEAJA), on the grounds that the Department of Health, Board of Dentistry (Department), was substantially justified in bringing…”

State, Dep't of Health & Rehabilitative Servs. v. South Beach Pharmacy, Inc., 635 So. 2d 117 (Fla. 1st DCA 1994). · cites it 15× “In proceedings under the Florida Equal Access to Justice Act (Act), section 57.111, Florida Statutes, small business parties who have prevailed in civil actions 1 or administrative proceedings initiated by a state agency are entitled to recover attorney’s fees and costs (up to a…”

STATE, DHRS v. Southpointe Pharmacy, 636 So. 2d 1377 (Fla. 1st DCA 1994). · cites it 4× “[4] Before the appellate rules were revised in 1977, the Court in Mick v.”

State, Dept. of Env. Reg. v. Puckett Oil Co., Inc., 577 So. 2d 988 (Fla. 1st DCA 1991). · cites it 2× “The Department of Environmental Regulation (DER or department) appeals from a summary final order entered by the Division of Administrative Hearings (DOAH or division), assessing against it attorney's fees and costs, pursuant to Section 57.111, Florida Statutes (1989), in favor…”

Ann & Jan Ret. Villa, Inc. v. DHRS, 580 So. 2d 278 (Fla. 4th DCA 1991). · cites it 16× “, appeals from an order of the Department of Administrative Hearings which denied its claim for attorney's fees and costs pursuant to section 57.111, Florida Statutes (1990), also known as the Florida Equal Access to Justice Act.”

Dep't of Ins. & Treasurer v. Administrators Corp., 603 So. 2d 1359 (Fla. 1st DCA 1992). · cites it 8× “Petitioners are small business parties as defined by Section 57.111, Florida Statutes. By virtue of the Final Order entered in DOAH Case No.”

Show all 55 citing cases →

— 57.111(1) — 2 cases

Dept. of Health & Rehab. Servs. v. Sg, 613 So. 2d 1380 (Fla. 1st DCA 1993). “" Additionally, the hearing officer found that this award of fees "shall be without prejudice to proceedings under section 57.111, Florida Statutes (1989), and Rule 22I.”

Naples Airport Auth. v. Collier Dev., 515 So. 2d 1058 (Fla. 2d DCA 1987). “CDC also contends that section 57.111 provides an additional or alternative remedy to small businesses but does not limit a cost award entered pursuant to section 57.”

— 57.111(2) — 6 cases

DEPT. OF PRO. REG. v. Toledo Realty, Inc., 549 So. 2d 715 (Fla. 1st DCA 1989). “The Department of Professional Regulation (DPR) appeals a final order of a Division of Administrative Hearings officer, awarding attorney's fees against it pursuant to the provisions of Section 57.111, Florida Statutes (1987), the Florida Equal Access to Justice Act (FEAJA).”

Ann & Jan Ret. Villa, Inc. v. DHRS, 580 So. 2d 278 (Fla. 4th DCA 1991). “, appeals from an order of the Department of Administrative Hearings which denied its claim for attorney's fees and costs pursuant to section 57.111, Florida Statutes (1990), also known as the Florida Equal Access to Justice Act.”

Rudloe v. Dep't of Env't Reg., 33 Fla. Supp. 2d 203 (Fla. Div. Admin. Hr'g 1988).

Rudloe v. Dep't of Env't Reg., 31 Fla. Supp. 2d 159 (Fla. Div. Admin. Hr'g 1988).

— 57.111(3) — 2 cases

Eager v. Florida Keys Aqueduct Auth., 605 So. 2d 883 (Fla. 3d DCA 1992).

Home Health Care v. Dep't of Health & Rehabilitative Servs., 33 Fla. Supp. 2d 169 (Fla. Div. Admin. Hr'g 1988).

— 57.111(3)(b) — 3 cases

Rudloe v. Dep't of Env't Reg., 33 Fla. Supp. 2d 203 (Fla. Div. Admin. Hr'g 1988).

Rudloe v. Dep't of Env't Reg., 31 Fla. Supp. 2d 159 (Fla. Div. Admin. Hr'g 1988).

Home Health Care v. Dep't of Health & Rehabilitative Servs., 33 Fla. Supp. 2d 169 (Fla. Div. Admin. Hr'g 1988).

— 57.111(3)(b)(3) — 1 case

— 57.111(3)(c) — 4 cases

Gentele v. Dept. of Prof'l Reg., 513 So. 2d 672 (Fla. 1st DCA 1987). “(Gentele), appeals the final order issued by the DOAH hearing officer denying his application for attorney's fees and costs under the Florida Equal Access to Justice Act (FEAJA), Section 57.111, Florida Statutes. The Department of Professional Regulation (DPR) cross-appeals,…”

State, Dep't of Health & Rehabilitative Servs. v. South Beach Pharmacy, Inc., 635 So. 2d 117 (Fla. 1st DCA 1994). “In proceedings under the Florida Equal Access to Justice Act (Act), section 57.111, Florida Statutes, small business parties who have prevailed in civil actions 1 or administrative proceedings initiated by a state agency are entitled to recover attorney’s fees and costs (up to a…”

Rudloe v. Dep't of Env't Reg., 31 Fla. Supp. 2d 159 (Fla. Div. Admin. Hr'g 1988).

— 57.111(3)(d) — 12 cases

Daniels v. Florida Dept. of Health, 898 So. 2d 61 (Fla. 2005). “§ 57.111, Fla. Stat. (2002) (emphasis added).”

State, Dept. of Hwy. Saf. v. Salter, 710 So. 2d 1039 (Fla. 2d DCA 1998).

Florida Real Est. Com'n v. Shealy, 647 So. 2d 151 (Fla. 1st DCA 1994).

Daniels v. State, Dept. of Health, 868 So. 2d 551 (Fla. 3d DCA 2004).

— 57.111(3)(d)(1)(a) — 1 case

Daniels v. Florida Dept. of Health, 898 So. 2d 61 (Fla. 2005). “§ 57.111, Fla. Stat. (2002) (emphasis added).”

— 57.111(3)(d)(1)(b) — 1 case

Daniels v. Florida Dept. of Health, 898 So. 2d 61 (Fla. 2005). “§ 57.111, Fla. Stat. (2002) (emphasis added).”

— 57.111(3)(e) — 13 cases

Fish v. Dept. of Health, Bd. of Dentistry, 825 So. 2d 421 (Fla. 4th DCA 2002). “We affirm the denial of appellant's petition for attorney's fees under section 57.111, Florida Statutes (2000), the Florida Equal Access to Justice Act (FEAJA), on the grounds that the Department of Health, Board of Dentistry (Department), was substantially justified in bringing…”

Dep't of Health, Bd. of Physical Therapy Practice v. Cralle, 852 So. 2d 930 (Fla. 1st DCA 2003). “We determine that the Administrative Law Judge (“ALJ”) improperly granted fees pursuant to section 57.111, Florida Statutes, and reverse.”

— 57.111(4) — 1 case

Belveal v. State, Dep't of Health & Rehabilitative Servs., 632 So. 2d 687 (Fla. 2d DCA 1994).

— 57.111(4)(a) — 23 cases

Agency for Health Care Admin. v. MVP Health, Inc., 74 So. 3d 1141 (Fla. 1st DCA 2011).

— 57.111(4)(b) — 5 cases

Dep't of Ins. & Treasurer v. Administrators Corp., 603 So. 2d 1359 (Fla. 1st DCA 1992). “Petitioners are small business parties as defined by Section 57.111, Florida Statutes. By virtue of the Final Order entered in DOAH Case No.”

Rudloe v. Dep't of Env't Reg., 31 Fla. Supp. 2d 159 (Fla. Div. Admin. Hr'g 1988).

Rudloe v. Dep't of Env't Reg., 33 Fla. Supp. 2d 203 (Fla. Div. Admin. Hr'g 1988).

— 57.111(4)(b)(2) — 2 cases

Eager v. Florida Keys Aqueduct Auth., 605 So. 2d 883 (Fla. 3d DCA 1992).

Minkes v. Dep't of Prof'l Reg., Bd. of Osteopathic Med. Examiners, 550 So. 2d 1175 (Fla. 3d DCA 1989).

— 57.111(4)(c) — 2 cases

Home Health Care v. Dep't of Health & Rehabilitative Servs., 33 Fla. Supp. 2d 169 (Fla. Div. Admin. Hr'g 1988).

— 57.111(4)(d) — 6 cases

STATE, DHRS v. Southpointe Pharmacy, 636 So. 2d 1377 (Fla. 1st DCA 1994). “[4] Before the appellate rules were revised in 1977, the Court in Mick v.”

Boetzel v. Dep't of Bus. & Prof'l Reg., 32 So. 3d 780 (Fla. 2d DCA 2010).

Shimkus v. Dep't of Bus. & Prof'l Reg., Constr. Indus. Licensing Bd., 906 So. 2d 1196 (Fla. 4th DCA 2005).

— 57.111(4)(d)(2) — 1 case

— 57.111(5) — 1 case

Alfert v. Div. of Real Est., 33 Fla. Supp. 2d 248 (Fla. Div. Admin. Hr'g 1988).

— 57.111(d)(d) — 1 case

Home Health Care v. Dep't of Health & Rehabilitative Servs., 33 Fla. Supp. 2d 169 (Fla. Div. Admin. Hr'g 1988).

— 57.111(e) — 1 case

Taylor v. E. F. Hutton & Co., 40 Fla. Supp. 2d 144 (Fla. Cir. Ct. 1990).

— 57.111(e)(b) — 1 case

Rudloe v. Dep't of Env't Reg., 31 Fla. Supp. 2d 159 (Fla. Div. Admin. Hr'g 1988).

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