Cases from cite.case.law:

FLORIDA GAS TRANSMISSION COMPANY, LLC, v. JOHNSON,, 264 So. 3d 336 (Fla. App. Ct. 2019)

. . . erred in awarding attorney's fees pursuant to subsection (2), rather than subsection (1), of section 73.092 . . . On appeal, FGT argues the trial court erred by calculating attorney's fees pursuant to section 73.092 . . . (2), the lodestar method, rather than section 73.092(1), the benefits achieved method, as there is no . . . Section 73.092(1) provides, in pertinent part: (1) Except as otherwise provided in this section and s . . . However, section 73.092 does not define what constitutes a "written offer." . . .

JOSEPH B. DOERR TRUST, v. CENTRAL FLORIDA EXPRESSWAY AUTHORITY,, 177 So. 3d 1209 (Fla. 2015)

. . . The award of such fees is governed by section 73.092, Florida Statutes (2014), which provides, in pertinent . . . The Authority sought to limit the fees to the benefits achieved formula under section 73.092(1), which . . . Applying the factors listed in section 73.092(2), the trial court awarded the Landowners $816,000 in . . . Section 73.092 The benefits achieved formula set forth in section 73.092 has encroached on this fundamental . . . For solely those hours, the trial court shall calculate a fee pursuant to section 73.092(2). . . .

GENERAL COMMERCIAL PROPERTIES, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 178 So. 3d 439 (Fla. Dist. Ct. App. 2015)

. . . court erred in determining the amount of attorney’s fees awarded to the property owner under section 73.092 . . . Section 73.092(l)(a) defines “benefits” as the difference between the final judgment amount and the “ . . . an, attorney, benefits must be measured from the first written offer after the attorney is hired. § 73.092 . . . fees, and attorney’s fees pursu-tmt to section 73.092 does not apply. JEA v. . . . thus, the EAP offer cannot serve as the basis for the calculation of attorney’s fees under section 73.092 . . .

CARIBBEAN CONDOMINIUM, v. CITY OF FLAGLER BEACH,, 178 So. 3d 426 (Fla. Dist. Ct. App. 2015)

. . . Cox, 54 So.3d 1026, 1026-27 (Fla. 4th DCA 2011), providing that "[s]ections 73.091 and 73.092 specifically . . .

RYAN, v. CITY OF BOYNTON BEACH, a, 157 So. 3d 417 (Fla. Dist. Ct. App. 2015)

. . . Trial Level Fees Incurred in Connection with Motions for Disbursement Florida Statutes section 73.092 . . .

ORLANDO ORANGE COUNTY EXPRESSWAY, v. TUSCAN RIDGE, LLC,, 137 So. 3d 1154 (Fla. Dist. Ct. App. 2014)

. . . Fla. 5th DCA 2012), we reversed Appellee landowners’ attorney’s fee award, determined under section 73.092 . . . Statutes (2006), and remanded with instructions that the trial court recalculate the fee using section 73.092 . . . (1), unless it declared section 73.092(1) unconstitutional as applied to the facts of this case. . . . Appellant had been the cause of “excessive litigation,” the utilization of the formula set forth in section 73.092 . . . Having reached that conclusion, the trial court again utilized section 73.092(2) to set the fee, multiplying . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. BOGORFF,, 132 So. 3d 249 (Fla. Dist. Ct. App. 2013)

. . . Statutes (2009), rather than under the multi-factor analysis of section 73.092(2), Florida Statutes . . . Section 73.092(1) requires that an attorney’s fee award be based solely on the benefits received by the . . . Section 73.092(1) provides that attorney’s fees must be calculated based upon benefits achieved: (1) . . . The statute also provides in 73.092(2) for a multi-factor analysis in cases where section 73.092(1) does . . . The Department challenges the trial court’s rejection of section 73.092(1) as the appropriate method . . .

BOARD OF SUPERVISORS OF ST. JOHN S WATER CONTROL DISTRICT, a f k a St. s a v. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION N. A. a, 103 So. 3d 218 (Fla. Dist. Ct. App. 2012)

. . . agreed that the District was entitled to its attorneys’ fees and costs pursuant to sections 73.091 and 73.092 . . .

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, v. J. SHEA L. R. N. A. G. CFC, M., 86 So. 3d 582 (Fla. Dist. Ct. App. 2012)

. . . The District challenges the fees awarded under section 73.092(l)(b) and (2), Florida Statutes (2010). . . . On cross-appeal, the Sheas argue that the trial court erred by awarding fees under section 73.092(l)( . . . a), where it should have applied the lodestar factors listed in section 73.092(2). . . . “We review an award of attorney’s fees under section 73.092 for an abuse of discretion.” . . . $160,000 in attorney’s fees awarded to the Sheas under section 73.092(2). . . .

ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY, v. TUSCAN RIDGE, LLC,, 84 So. 3d 410 (Fla. Dist. Ct. App. 2012)

. . . lower court’s refusal to limit attorney’s fees awarded to the landowners to those permitted by section 73.092 . . . OOCEA sought to limit attorney’s fees to those permitted by section 73.092(1), Florida Statutes (2006 . . . Because section 73.092(1) was found inapplicable, the trial judge did not reach Landowners’ argument . . . Fees are calculated as a percentage of the “benefits achieved.” § 73.092(l)(c), Fla. Stat. . . . . § 73.092(l)(c), 1.-3., Fla. . . .

POMPANO BEACH COMMUNITY REDEVELOPMENT AGENCY, v. HOLLAND,, 82 So. 3d 1034 (Fla. Dist. Ct. App. 2011)

. . . This appeal challenges the trial court’s application of section 73.092, Florida Statutes (2008), to award . . . The owner then requested attorney’s fees, pursuant to section 73.092. . . . The calculation of attorney’s fees under section 73.092 uses a benefits approach. . . . an attorney, benefits must be measured from the first written offer after the attorney is hired. § 73.092 . . . It was the “first written offer” for purposes of section 73.092. . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. COX,, 54 So. 3d 1026 (Fla. Dist. Ct. App. 2011)

. . . Sections 73.091 and 73.092 specifically relate to condemnation proceedings, including inverse condemnation . . .

CALHOUN, DREGGORS ASSOCIATES, v. VOLUSIA COUNTY,, 26 So. 3d 624 (Fla. Dist. Ct. App. 2009)

. . . The brochure referenced various attorney fee provisions in chapter 73, including sections 73.015 and 73.092 . . . domain actions in Florida, provides for attorney’s fee awards in three sections: 73.015, 73.091 and 73.092 . . . Section 73.092 primarily sets forth the methods prescribed for determining a fee award when authorized . . . Subsection 73.092(1) requires the trial court to award attorney’s fees “based solely on the benefits . . . Subsection 73.092(2) sets forth an alternative method for determining the amount of a compensable fee . . .

PINNACLE FLOOR COVERING, INC. d b a v. DEPARTMENT OF TRANSPORTATION,, 16 So. 3d 919 (Fla. Dist. Ct. App. 2009)

. . . interpretation of section 73.091(1), which states: The petitioner shall pay attorney’s fees as provided in s. 73.092 . . .

JEA, a v. D. WILLIAMS,, 978 So. 2d 842 (Fla. Dist. Ct. App. 2008)

. . . trial court erred in finding that the first letter to the appellees constituted an offer under section 73.092 . . . The JEA asserts that section 73.092 should be construed only to compute attorney’s fees based on the . . . However, such a construction is not supported by the text of section 73.092 and judicial interpretation . . . Section 73.092 states that attorney’s fees are computed based on the difference between the last written . . . Because we find that the trial court correctly applied section 73.092, the order is AFFIRMED. . . .

J. BARCO, v. SCHOOL BOARD OF PINELLAS COUNTY,, 975 So. 2d 1116 (Fla. 2008)

. . . Section 73.092(1), Florida Statutes (2004), provides for calculation of statutory attorneys’ fees on . . .

MAY, v. C. BARTHET,, 934 So. 2d 1184 (Fla. 2006)

. . . Automatic Payment of all Attorney Fee’s, Costs by the State of Florida, Required by Florida Statutes § 73.092 . . .

CITY OF BOYNTON BEACH, v. JANOTS, P. Jr., 929 So. 2d 1099 (Fla. Dist. Ct. App. 2006)

. . . In this eminent domain action, we reverse an order awarding attorney’s fees under section 73.092, Florida . . . Section 73.092, Florida Statutes, provides, in part: (1) Except as otherwise provided in this section . . . property within 180 days for $107,000; the court held that this did not constitute an offer under section 73.092 . . . department’s unsigned letter to the landowner constituted an “offer” within the meaning of section 73.092 . . . Hence, it would be unreasonable to interpret the offer requirement of 73.092 to mean that the condemning . . .

In ZYPREXA PRODUCTS LIABILITY LITIGATION, 424 F. Supp. 2d 488 (E.D.N.Y. 2006)

. . . . § 73.092; Leonard C. Arnold, Ltd. v. N. . . . Ann. § 73.092 (limiting contingent fees in eminent domain proceedings to 33% of any benefit up to $250,000 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. J. LOCKHART S., 909 So. 2d 590 (Fla. Dist. Ct. App. 2005)

. . . Section 73.092(2) speaks solely to the issue of attorney’s fees, expressly authorizing the award of such . . . reasoning: Attorney’s fees incurred in litigating entitlement to recover costs are authorized by section 73.092 . . . recover attorney’s fees and costs under section 73.091(1) is a “supplemental proceeding” under section 73.092 . . .

DEPARTMENT OF TRANSPORTATION, v. RFT PARTNERSHIP,, 906 So. 2d 1161 (Fla. Dist. Ct. App. 2005)

. . . NONMONETARY BENEFITS AS A BASIS FOR ATTORNEYS’ FEES Section 73.092(l)(b), Florida Statutes (1995), states . . . Ch. 94-162, Laws of Fla.; .§ 73.092(1). . . . See § 73.092(2)(b). . . . The harder question is whether this help was a “benefit” “in eminent domain proceedings.” § 73.092(1) . . . The language of section 73.092 has not been substantially amended since 1995. . . . .

STATE DEPARTMENT OF TRANSPORTATION, v. NASSAU PARTNERS, LTD., 878 So. 2d 1286 (Fla. Dist. Ct. App. 2004)

. . . Attorney’s fees incurred in litigating entitlement to recover costs are authorized by section 73.092( . . . recover attorney’s fees and costs under section 73.091(1) is a “supplemental proceeding” under section 73.092 . . .

SCHOOL BOARD OF PALM BEACH COUNTY, v. HOPE, INC., 886 So. 2d 241 (Fla. Dist. Ct. App. 2004)

. . . Second, section 73.092(1), Florida Statutes, specifically provides that, in eminent domain proceedings . . .

WIGHT, v. WIGHT,, 880 So. 2d 692 (Fla. Dist. Ct. App. 2004)

. . . & Robbins, Inc., 700 So.2d 782, 785 (Fla. 5th DCA 1997) (barring fees for fees under §§ 73.091 and 73.092 . . .

ENTERPRISING PROFESSIONAL INVESTMENT CORPORATION, v. DEPARTMENT OF TRANSPORTATION,, 882 So. 2d 1014 (Fla. Dist. Ct. App. 2004)

. . . Corporation (EPIC), appeals an order denying its motion for an award of attorney’s fees under section 73.092 . . . We conclude that those posttrial proceedings are supplemental proceedings under section 73.092(2) and . . . argued that the award of fees was proper because these were supplementary proceedings under section 73.092 . . . Smithbilt Industries, Inc., 715 So.2d 963, 967 (Fla. 2d DCA 1998), this court recognized that section 73.092 . . .

SARASOTA COUNTY, a v. CURRY G. I. f k a NCNB W. S. J. Jr. E. f k a f k a N. A. P. D. A. Jr. P., 861 So. 2d 1239 (Fla. Dist. Ct. App. 2003)

. . . Because the trial court abused its discretion in awarding the fees based on section 73.092(1), Florida . . . The court awarded Curry attorney’s fees of $9900 pursuant to section 73.092(1). . . . We review an award of attorney’s fees under section 73.092 for an abuse of discretion. . . . Instead, the court should have based its attorney’s fee award on section 73.092(2). . . . (1), and we reverse and remand for reconsideration of attorney’s fees under section 73.092(2). . . .

CITY OF NORTH MIAMI BEACH, v. H. REED,, 863 So. 2d 351 (Fla. Dist. Ct. App. 2003)

. . . Section 73.092 provides the criteria to be used to determine the amount of the attorney’s fees award . . . Section 73.092(2) states: (2) In assessing attorney’s fees incurred in defeating an order of taking, . . . When section 73.092(2) applies, application of the Rowe risk multiplier is inappropriate to determine . . . Section 73.092(1) provides the measure to set an award of fees “based solely on the benefits achieved . . . application of section 73.092(1). . . .

MEDIPLEX CONSTRUCTION OF FLORIDA, INC. v. SCHAUB, 856 So. 2d 13 (Fla. Dist. Ct. App. 2003)

. . . Robbins, Inc., 700 So.2d 782, 785 (Fla. 5th DCA 1997) (barring fees for fees under sections 73.091 and 73.092 . . .

M. WARD, a v. COLLIER COUNTY, a, 852 So. 2d 892 (Fla. Dist. Ct. App. 2003)

. . . Ward did not quantify that benefit with reasonable certainty as required by section 73.092(2)(b), Florida . . . See § 73.092(l)(c), Fla. Stat. (2001). . . . Section 73.092(2)(b) permits a circuit court considering the proper award of attorneys’ fees in an eminent . . .

DEPARTMENT OF TRANSPORTATION, v. CNL INCOME FUND VIII, LTD., 823 So. 2d 147 (Fla. Dist. Ct. App. 2002)

. . . attorney constitutes a nonmonetary benefit for which the attorney is entitled to a fee under section 73.092 . . . Section 73.092(l)(b) states that, in considering the amount of the fees to be awarded: The court may . . . court properly found that CNL presented competent evidence to satisfy all the requirements of section 73.092 . . .

SEMINOLE COUNTY, v. R. CHANDRINOS,, 816 So. 2d 1241 (Fla. Dist. Ct. App. 2002)

. . . eminent domain proceedings, and provides: (1)The petitioner shall pay attorney’s fees as provided in s. 73.092 . . . Interestingly, we observe that section 73.092, Florida Statutes (1998) mandates that in most cases, attorney . . .

GOLF COURSE RESORTS, INC. E. Jr. v. DEPARTMENT OF TRANSPORTATION,, 816 So. 2d 236 (Fla. Dist. Ct. App. 2002)

. . . Section 73.092(1), Florida Statutes (2000), provides that the trial court shall award attorney’s fees . . . Section 73.092(l)(b) states that the trial court may also consider nonmonetary benefits that were obtained . . . and they must prove the amount of their recoverable fees and costs pursuant to sections 73.091 and 73.092 . . .

DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, v. D. O DONNELL,, 775 So. 2d 991 (Fla. Dist. Ct. App. 2000)

. . . , DOT contends that if any fee is awarded to O’Donnell, it should be calculated pursuant to section 73.092 . . . multiplied by a reasonable hourly rate and taking into consideration the factors contained in section 73.092 . . .

AMERADA HESS CORPORATION, v. STATE DEPARTMENT OF TRANSPORTATION,, 788 So. 2d 276 (Fla. Dist. Ct. App. 2000)

. . . See § 73.092(1), Fla. Stat. . . . .” § 73.092(l)(a), Fla. Stat. . . . specifically identified by the court and can, within a reasonable degree of certainty, be quantified.” § 73.092 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. M. PATEL,, 768 So. 2d 1173 (Fla. Dist. Ct. App. 2000)

. . . the attorneys’ fees awarded should have been based on the defeat of a whole take pursuant to section 73.092 . . . Florida Statutes (1997), instead of being based on obtaining a nonmonetary benefit pursuant to section 73.092 . . . Patel’s attorneys as determined by the percentage of the benefit achieved in accordance with section 73.092 . . . ’s attorneys were entitled to an additional fee based on a non-monetary benefit pursuant to section 73.092 . . . Patel’s attorneys argued that they were entitled to an additional fee, pursuant to section 73.092(l)( . . .

AMOCO OIL COMPANY, v. STATE DEPARTMENT OF TRANSPORTATION,, 765 So. 2d 111 (Fla. Dist. Ct. App. 2000)

. . . costs hearing does not fall within the type of “other supplemental proceedings” contemplated in section 73.092 . . . attorney’s fees and costs incurred by defendant in connection with that litigation were incurred in § 73.092 . . . the proceedings” states in pertinent part: The petitioner shall pay attorney’s fees as provided in s. 73.092 . . . provided for, the court shall consider [various factors set forth in subsections (a) through (g)]. § 73.092 . . . Although the costs hearing constituted a “supplemental proceeding,” as contemplated in section 73.092 . . .

GATLIN v. STATE DEPARTMENT OF TRANSPORTATION,, 763 So. 2d 1232 (Fla. Dist. Ct. App. 2000)

. . . and Gerra Gatlin appeal an order denying attorney fees, which they sought on the authority of section 73.092 . . . Fla. 1st DCA 1991), the administrative proceeding was not a “supplemental proceeding” under section 73.092 . . .

D. OWENS, R. v. ORANGE COUNTY,, 747 So. 2d 467 (Fla. Dist. Ct. App. 1999)

. . . , Florida Statutes (1995), which states: The petitioner shall pay attorney’s fees as provided in s. 73.092 . . .

DEPARTMENT OF TRANSPORTATION, v. JACK S QUICK CASH, INC., 748 So. 2d 1049 (Fla. Dist. Ct. App. 1999)

. . . That statute provides: Except as provided in s. 73.092, the petitioner shall pay all reasonable costs . . . of fees and costs is controlled by section 73.091, Florida Statutes (1991): Except as provided in s. 73.092 . . . Except as provided in s. 73.092, the petitioner shall pay all reasonable costs of the proceedings in . . .

REESE d b a a k a v. STATE DEPARTMENT OF TRANSPORTATION,, 743 So. 2d 1227 (Fla. Dist. Ct. App. 1999)

. . . trial court' found that there were no monetary or nonmonetary benefits to appellants under section 73.092 . . . CONSTITUTIONALITY OF SECTION 73.092, FLORIDA STATUTES (1995) Appellants argue, for the first time on . . . appeal, that section 73.092, Florida Statutes (1995), is unconstitutional as applied and interpreted . . . FAILURE TO AWARD ENTITLEMENT OF ATTORNEY’S FEES Section 73.092(1), Florida Statutes (1995) provides, . . . Section 73.092(l)(b), Florida Statutes (1995) provides: The court may also consider nonmone-tary benefits . . .

STATE DEPARTMENT OF TRANSPORTATION, v. LAKEPOINTE ASSOCIATES,, 745 So. 2d 364 (Fla. Dist. Ct. App. 1999)

. . . We begin by examining section 73.092, Florida Statutes, which governs the award of attorney’s fees in . . . Twenty percent of any portion of the benefit exceeding $1 million. § 73.092(l)(c) Fla. . . . We concluded that the option was not the equivalent of an offer under section 73.092, because it did . . . Section 73.092 states in several places that the offer by the condemning authority must be “written” . . . Section 73.092 was not enacted to provide a method of enforcing a contract for the sale of land. . . .

STATE DEPARTMENT OF TRANSPORTATION, v. KNAUS, 737 So. 2d 1130 (Fla. Dist. Ct. App. 1999)

. . . The award of the attorney’s fee in this eminent domain case was generally governed by section 73.092, . . . In determining the amount of that fee, the trial court incorrectly applied subsection 73.092(2), which . . . the trial court to determine the attorney’s fee by applying the calculation set forth in subsection 73.092 . . . Upon remand, the trial court shall calculate the award of attorney’s fees by applying subsection 73.092 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. SKINNERS WHOLESALE NURSERY, INC., 736 So. 2d 3 (Fla. Dist. Ct. App. 1998)

. . . See §§ 73.092, Fla.Stat. (Supp. 1994), and 73.131(2), Fla.Stat. (1993). . . . Section 73.092(1) provides that generally an award of attorney’s fees for representation at trial in . . . Section 73.092(2) provides that in assessing attorney’s fees incurred in defeating an order of taking . . . The factors of sec. 73.092(2), Fla.Stat. (1993), were retained in the 1994 version of the statute for . . . See § 73.092(2), Fla.Stat. (1994 Supp.). . . .

STATE DEPARTMENT OF TRANSPORTATION, v. J. SKIDMORE,, 720 So. 2d 1125 (Fla. Dist. Ct. App. 1998)

. . . Methodology Section 73.092(1), Florida Statutes (1991) governs the award of attorney’s fees to a condemnee . . . Section 73.092(1) provides, “In assessing attorney’s fees in eminent domain proceedings, the court shall . . . give the greatest weight to the benefits resulting to the client from the services rendered.” § 73.092 . . . required adequately to represent the client in relation to the benefits resulting to the client. § 73.092 . . . by the attorneys for the client, determining the appropriate lodestar using the factors listed in § 73.092 . . .

TEETER, Jr. v. DEPARTMENT OF TRANSPORTATION,, 713 So. 2d 1090 (Fla. Dist. Ct. App. 1998)

. . . hearing, the trial court granted their motions and awarded them attorney’s fees pursuant to section 73.092 . . . However, the court denied appellant’s request for additional fees pursuant to section 73.092(2), Florida . . . Section 73.092, Florida Statutes (Supp. 1994), provides, in part: (1) Except as otherwise provided in . . . sister court reversed the trial court’s award of attorney’s fees to the property owners under section 73.092 . . . (2) and remanded for a determination of a fee pursuant to section 73.092(1). . . . I concur with the result in this case, but write because I believe that the language of section 73.092 . . . The limitation contained in section 73.092(2) prohibits recovery of attorneys fees in certain cases. . . .

SEMINOLE COUNTY, v. M. G. INVESTMENTS OF ORLANDO, INC., 714 So. 2d 1066 (Fla. Dist. Ct. App. 1998)

. . . The fees were awarded following a condemnation proceeding pursuant to section 73.092(l)(a), Florida Statutes . . . Appellee thereafter moved for attorney’s fees under section 73.092(l)(a). . . . The issue in this appeal is governed by this court’s interpretation of section 73.092(l)(a) which provides . . . in part the following: 73.092 Attorney’s fees.— (1) Except as otherwise provided in this section, the . . . Appellant contends that the trial court erred in its construction of section 73.092(l)(a) because the . . .

STATE DEPARTMENT OF TRANSPORTATION, v. SMITHBILT INDUSTRIES, INC. a, 715 So. 2d 963 (Fla. Dist. Ct. App. 1998)

. . . We affirm the trial court’s decision to award fees pursuant to section 73.092(2), Florida Statutes (1995 . . . Thereafter, Smithbilt sought attorneys’ fees pursuant to section 73.092(2). . . . See § 73.092, Fla. Stat. (1993). . . . Section 73.092 contains no definition of “other supplemental proceeding.” . . . This award was based on the factors in section 73.092(2). . . .

F. PIERPONT, v. LEE COUNTY, A G INVESTMENTS, v. LEE COUNTY, BARNETT BANKS, INC. v. LEE COUNTY,, 710 So. 2d 958 (Fla. 1998)

. . . good-faith estimate of value in the quick-taking procedure equates to the “offer” referred to in section 73.092 . . . Equating this amount to the “offer” referred to in section 73.092 would provide a logical procedure. . . . ESTIMATE OF VALUE CAN BE CONSIDERED AN “OFFER” FOR THE CALCULATION OF ATTORNEY’S FEES UNDER SECTION 73.092 . . . The argument turned on an interpretation of section 73.092, Florida Statutes (Supp.1994), which reads . . . They contend that in order to uphold the constitutionality of section 73.092, we must interpret the term . . . The language of section 73.092 does not permit us to conclude that a good-faith estimate of value is . . . However, we do not foreclose the possibility that under certain circumstances section 73.092 could be . . .

STATE DEPARTMENT OF TRANSPORTATION, v. E. HALL,, 707 So. 2d 1163 (Fla. Dist. Ct. App. 1998)

. . . Hall filed a motion pursuant to section 73.092, Florida Statutes, for attorney’s fees and costs with . . . judgment did not provide a breakdown as to the amount of business damages, it did not comply with section 73.092 . . . Section 73.092, Florida Statutes, deals with the calculation of the amount of attorney’s fees based on . . . We also fail to find any language in section 73.092, Florida Statutes, which would necessarily require . . . Section 73.092(l)(c)l. permits attorney’s fees in the amount of 33 percent of any benefit up to $250,000 . . .

DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, v. ROBBINS AND ROBBINS, INC., 700 So. 2d 782 (Fla. Dist. Ct. App. 1997)

. . . court erred because it failed to calculate the attorneys’ fees in conformity with sections 73.091 and 73.092 . . . The correct procedure to establish a fee consistent with section 73.092 is for the trial court to consider . . .

STATE DEPARTMENT OF TRANSPORTATION, v. LaBELLE PHOENIX CORPORATION,, 696 So. 2d 947 (Fla. Dist. Ct. App. 1997)

. . . We find that the trial court erroneously applied section 73.092(2), Florida Statutes (1995), rather than . . . section 73.092(1), Florida Statutes (1995), in determining the award. . . . We, accordingly, reverse and remand for the entry of an award pursuant to section 73.092(1). . . . The exception referred to in section 73.092(1) is found in section 73.092(2). . . . Under section 73.092(2), the award is based upon a “lodestar” analysis. . . .

DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. GIBBINS,, 696 So. 2d 888 (Fla. Dist. Ct. App. 1997)

. . . On the same day, Gibbins filed a motion for attorney’s fees pursuant to sections 73.091 and 73.092, Florida . . . an award of its attorney’s fees incurred in the defense of the “taking” pursuant to § 73.091 and § 73.092 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. ABS PROPERTIES PARTNERSHIP, a d b a E. P. E. E. E. Jr. M. O. W. L. E., 693 So. 2d 703 (Fla. Dist. Ct. App. 1997)

. . . and remand for further evidentiary proceedings to determine reasonable attorney’s fees under section 73.092 . . . Section 73.092(1), Florida Statutes (1995), provides: 73.092 Attorney’s fees.— (1) Except as otherwise . . . Section 73.092(1) clearly does not apply in this case because the property owners received no benefits . . . as detailed in section 73.092(l)(a). . . . See § 73.092(2), Fla. Stat. (1993). . . .

DEPARTMENT OF TRANSPORTATION, v. SPRINGS LAND INVESTMENTS LTD., 695 So. 2d 414 (Fla. Dist. Ct. App. 1997)

. . . That section provides: (1) The petitioner shall pay attorney’s fees as provided in s. 73.092 as well . . .

CITY OF JACKSONVILLE, a v. T. TRESCA F. T. TRESCA F. v. CITY OF JACKSONVILLE, a, 692 So. 2d 991 (Fla. Dist. Ct. App. 1997)

. . . Tresca and Sinclair assert that the trial court erred in its interpretation of section 73.092, Florida . . . the city’s last written offer was the good-faith deposit of $50,000; therefore, pursuant to section 73.092 . . . Section 73.092, Florida Statutes, provides for attorney’s fees in eminent domain cases as follows: (1 . . . 994 (Fla. 2d DCA 1997), the second district attempted to define the word “offer” as used in section 73.092 . . . appeal or in the trial court that the "good faith deposit” does not constitute an offer pursuant to § 73.092 . . .

SEMINOLE COUNTY, v. CORAL GABLES FEDERAL SAVINGS AND LOAN ASSOCIATION,, 691 So. 2d 614 (Fla. Dist. Ct. App. 1997)

. . . fee award to Coral Gables Federal Savings and Loan Association (“CGF”) entered pursuant to section 73.092 . . . Section 73.092 provides, in part, that attorney’s fees should be based on a percentage of the “benefit . . . Seminole County argues that section 73.092 is unconstitutional because it deprives trial courts of the . . . The trial court determined the “benefits achieved by counsel for [CGF] ... pursuant to section 73.092 . . . Section 73.092 is intended to promote settlements and to deter litigation. . . .

BREVARD COUNTY, v. CANAVERAL PROPERTIES, INC., 689 So. 2d 1309 (Fla. Dist. Ct. App. 1997)

. . . Under the 1993 version of section 73.092(1), Florida Statutes, applicable here, in setting the fee the . . . DCA 1996), this court enunciated the analysis applicable to an award of attorney’s fees under section 73.092 . . . striking of the 20% benefit of $151,244 which was improper anyway under the 1993 version of section 73.092 . . .

LEE COUNTY, a v. BARNETT BANKS, INC., 711 So. 2d 34 (Fla. Dist. Ct. App. 1997)

. . . Hume’s testimony consisted only of his opinion as to the legal interpretation of section 73.092, Florida . . . ESTIMATE OF VALUE CAN BE CONSIDERED AN “OFFER” FOR THE CALCULATION OF ATTORNEY’S FEES UNDER SECTION 73.092 . . .

DEPARTMENT OF TRANSPORTATION, v. WINTER PARK GOLF CLUB, INC., 687 So. 2d 970 (Fla. Dist. Ct. App. 1997)

. . . What else could section 73.092(5) mean: The amount of attorney’s fees to be paid by the defendant pursuant . . . defendant and his attorney must be reduced by the amount of any attorney’s fees awarded by the court. § 73.092 . . .

SEMINOLE COUNTY, v. CUMBERLAND FARMS, INC., 688 So. 2d 372 (Fla. Dist. Ct. App. 1997)

. . . the formula suggested by Cumberland Farm’s expert and used by the court did not comply with section 73.092 . . . The final judgment awarding fees did not refer to the factors required by section 73.092, Florida Statutes . . .

LEE COUNTY, a v. F. PIERPONT J., 693 So. 2d 994 (Fla. Dist. Ct. App. 1997)

. . . The principal issue in this appeal involves the application of section 73.092, Florida Statutes (Supp . . . By its terms, section 73.092, as amended in 1994, applies to all actions filed after October 1,1994. . . . The pertinent parts of section 73.092 provide as follows: 73.092 Attorney’s fees.— 1) Except as otherwise . . . If that was the intent, section 73.092 should have made reference to the good faith estimate contained . . . On the contrary, section 73.092 uses the specific term “written offer.” . . .

BROWARD COUNTY, a v. A. LaPOINTE G. A. U A, 685 So. 2d 889 (Fla. Dist. Ct. App. 1996)

. . . .” § 73.092(1), Fla.Stat. (1989). . . . an attorney, benefits must be measured from the first written offer after the attorney is hired. § 73.092 . . .

SEMINOLE COUNTY, v. ROLLINGWOOD APARTMENTS, LTD., 678 So. 2d 370 (Fla. Dist. Ct. App. 1996)

. . . County advances several constitutional challenges to the eminent domain attorney’s fee statute, section 73.092 . . . utilized by the trial courts in those eases did not comport with the statutory requirements of section 73.092 . . .

DEPARTMENT OF TRANSPORTATION, STATE FLORIDA, v. T. MORRIS C., 674 So. 2d 926 (Fla. Dist. Ct. App. 1996)

. . . The fee award in this case must be affirmed but we remind the trial court that under section 73.092, . . .

HARTLEB, v. STATE DEPARTMENT OF TRANSPORTATION,, 677 So. 2d 336 (Fla. Dist. Ct. App. 1996)

. . . Section 73.092(7), Florida Statutes (1987), the agreed applicable eminent domain provision, reads, in . . .

SEMINOLE COUNTY, v. S. BUTLER,, 676 So. 2d 451 (Fla. Dist. Ct. App. 1996)

. . . Because the trial court failed to calculate the fees in accordance with section 73.092, Florida Statutes . . . Butler, Superwash, and Express thereafter filed motions to assess attorneys’ fees pursuant to section 73.092 . . . Section 73.092(l)(a), Florida Statutes (1993), defines “benefit” as: ... the difference between the final . . . We concluded that, although section 73.092 provides little guidance to practitioners and trial judges . . . See § 73.092(l)(a), Fla.Stat. (1993). . . .

SEMINOLE COUNTY, v. DELCO OIL, INC., 669 So. 2d 1162 (Fla. Dist. Ct. App. 1996)

. . . The County recognized its obligation to pay a reasonable fee pursuant to section 73.092, Florida Statutes . . . The statute that governs the award of attorney’s fees in this case is section 73.092, Florida Statutes . . . The legislative history indicates that the deficiency in section 73.092 sought to be corrected by the . . . Because of the structure of section 73.092, the meaning of subsection 73.092(4) is a matter of debate . . . See § 73.092(5), Fla.Stat. (1993). . Ch. 90-303, Laws of Fla. . . .

STATE DEPARTMENT OF TRANSPORTATION, v. DAYSTAR, INC., 674 So. 2d 754 (Fla. Dist. Ct. App. 1996)

. . . The department’s offer stated that it was being made “pursuant to Florida Statutes Sections 73.032, 73.092 . . . of the order quashing the offer of judgment, lost the benefit of the following provision in section 73.092 . . . was no confusion created by the department’s offer as it was clearly substantively founded on section 73.092 . . . 73.032, it must be inferred that the offer was not intended to refer to the 1989 version of section 73.092 . . . By referring to section 73.092 in its offer of judgment, the department placed Daystar on notice of the . . .

SEMINOLE COUNTY, v. W. CLAYTON,, 665 So. 2d 363 (Fla. Dist. Ct. App. 1995)

. . . . — Except as provided in s. 73.092, the petitioner shall pay all reasonable costs of the proceedings . . . Section 73.092, Florida Statutes (1993) contains the factors applicable in assessing a reasonable attorney . . . The court, utilizing the provisions of section 73.092, found that a reasonable fee based on hourly rates . . . The County contends that regulation of attorney’s fees is a judicial function and that section 73.092 . . . The trial court’s interpretation of section 73.092, which effectively awards a dual fee, would render . . .

BAKER PROTECTIVE SERVICES, v. FP INCORPORATED, 659 So. 2d 1120 (Fla. Dist. Ct. App. 1995)

. . . whether the award is below the level which activates entitlement to fees and costs pursuant to section 73.092 . . .

DOWNTOWN SQUARE ASSOCIATES, v. STATE DEPARTMENT OF TRANSPORTATION,, 648 So. 2d 1265 (Fla. Dist. Ct. App. 1995)

. . . We reverse as the trial court considered factors other than those enumerated in section 73.092, Florida . . . Section 73.092 provides in pertinent part: (1) In assessing attorney’s fees in eminent domain proceedings . . . amount of fees it believed were reasonable had it not considered factors outside the scope of section 73.092 . . .

DEPARTMENT OF TRANSPORTATION, v. WEISENFELD,, 617 So. 2d 1071 (Fla. Dist. Ct. App. 1993)

. . . See also § 73.092, Fla. Stat. (1991). . . .

FLORIDA INLAND NAVIGATION DISTRICT, v. A. HUMPHRYS, H., 616 So. 2d 494 (Fla. Dist. Ct. App. 1993)

. . . Both the appellant and the appellees (Humphryses) agree the award is governed by section 73.092, Florida . . . In referring to subsection (4) of section 73.092, the court held: The guide is nonexistent in that, by . . . The factors set forth in section 73.092(2) and the benefits resulting to the landowner from the services . . . benefits to the landowner and the traditional considerations for attorney’s fees set forth in section 73.092 . . . The order of the trial court shows that it relied on section 73.092, as amended in 1990, and gave primary . . . trial court’s expressed difficulty in applying subparagraph 4 of the attorney’s fees statute, section 73.092 . . .

W. PERSONS, v. PELAEZ,, 613 So. 2d 509 (Fla. Dist. Ct. App. 1993)

. . . whether the award is below the level which activates entitlement to fees and costs pursuant to section 73.092 . . .

SCHICK, v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,, 599 So. 2d 641 (Fla. 1992)

. . . DETERMINING THE REASONABLENESS OF AN ATTORNEY’S FEE AWARD MADE PURSUANT TO THE PROVISIONS OF SECTION 73.092 . . . directions to determine the attorney’s fee award based solely on the factors set forth under section 73.092 . . . This is because the legislature has specifically included in section 73.092 the criteria to be considered . . . Section 73.092, Florida Statutes (1987), reads in pertinent part: Attorney’s fees. — In assessing attorney . . .

LEE COUNTY, a v. H. SAGER, d b a d b a, 595 So. 2d 177 (Fla. Dist. Ct. App. 1992)

. . . with an offer of judgment pursuant to rule 1.442 of the Florida Rules of Civil Procedure and section 73.092 . . . whether the award is below the level which activates entitlement to fees and costs pursuant to section 73.092 . . . Section 73.092(7) provides, in pertinent part, that: Where an offer of judgment made by the petitioner . . .

In ESTATE OF PLATT,, 586 So. 2d 328 (Fla. 1991)

. . . That statute reads as follows: 73.092 Attorney’s fees. — In assessing attorney’s fees in eminent domain . . . defending against a claim at any time after the entry of an order of taking in any condemnation action. § 73.092 . . .

LEE COUNTY, a v. TOHARI,, 582 So. 2d 104 (Fla. Dist. Ct. App. 1991)

. . . . § 73.092, Fla.Stat. (1989). . . .

CITY OF ORLANDO, v. KENSINGTON, LTD,, 580 So. 2d 830 (Fla. Dist. Ct. App. 1991)

. . . At the subsequent hearing for an award of attorney fees pursuant to section 73.092, Florida Statutes . . . But this misconstrues the purpose of section 73.092 in determining attorneys fees. . . .

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. SCHICK,, 580 So. 2d 648 (Fla. Dist. Ct. App. 1991)

. . . squarely into that exception, and, because manifest injustice to the state would result if section 73.092 . . . The applicable statute at bar, section 73.092, lists six specific criteria that must be considered when . . . the application of a risk multiplier would pertain only to the six factors specified under section 73.092 . . . denied, 383 So.2d 1203 (Fla.1980), the Third District not only applied the factors set forth in section 73.092 . . . DETERMINING THE REASONABLENESS OF AN ATTORNEY’S FEE AWARD MADE PURSUANT TO THE PROVISIONS OF SECTION 73.092 . . .

L. CRIGLER E. v. STATE DEPARTMENT OF TRANSPORTATION,, 535 So. 2d 329 (Fla. Dist. Ct. App. 1988)

. . . The offers were made pursuant to the newly enacted section 73.092(7)-(9), Florida Statutes (1987). . . . with DOT that the offers did not place counsel for petitioners in an ethical dilemma and that section 73.092 . . . Next, with respect to petitioner’s argument that application of section 73.092(7)-(9) will result in . . . Under section 73.092(7)-(9), if petitioners accept DOT’s offer, then attorney’s fees are paid in full . . .

STATE DEPARTMENT OF TRANSPORTATION, v. FORTUNE FEDERAL SAVINGS AND LOAN ASSOCIATION,, 489 So. 2d 1216 (Fla. Dist. Ct. App. 1986)

. . . However, such awards are governed by sections 73.091 and 73.092, Florida Statutes (1985), and the legislature . . . When the case is concluded, the trial court may award attorney’s fees pursuant to section 73.092. . . .

DIVISION OF ADMINISTRATION STATE DEPARTMENT OF TRANSPORTATION, v. IDEAL HOLDING COMPANY R., 480 So. 2d 243 (Fla. Dist. Ct. App. 1985)

. . . Section 73.092, Florida Statutes (1983), furnishes the criteria which the court shall consider in awarding . . .

CITY OF FORT LAUDERDALE v. POWELL BROTHERS, INC., 15 Fla. Supp. 2d 5 (Fla. Cir. Ct. 1985)

. . . Court’s decision); having considered and applied all of the factors and elements established by Section 73.092 . . . Responsibility (while recognizing some dissimilarity between these and the express provisions of Section 73.092 . . . accept and be bound by the fees procured from the Petitioner or as determined by the Court under Section 73.092 . . . the Rowe decision does not arise out of an eminent domain case and does not expressly apply Section 73.092 . . .

FLORIDA POWER AND LIGHT COMPANY, v. FLICHTBEIL,, 475 So. 2d 1250 (Fla. Dist. Ct. App. 1985)

. . . Section 73.092, Florida Statutes (1983) governs the awarding of attorney’s fees in condemnation actions . . .

FLORIDA PATIENT S COMPENSATION FUND, v. ROWE,, 472 So. 2d 1145 (Fla. 1985)

. . . .-428, Fla.Stat. (1983) (attorney fees assessed against insurer), and §§ 73.091, 73.092, and 73.131, . . .

DEPARTMENT OF ADMINISTRATION, v. CITY OF ST. PETERSBURG,, 12 Fla. Supp. 2d 112 (Fla. Cir. Ct. 1985)

. . . Denmark, 356 So.2d 15 (Fla. 4th DCA 1978); Section 73.092, Florida Statutes. . . .

DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, v. DECKER, J., 450 So. 2d 1220 (Fla. Dist. Ct. App. 1984)

. . . In assessing attorney’s fees, section 73.092 requires the court to consider the following criteria: ( . . . trial court may then award attorneys’ fees to the defendants, pursuant to the guidelines in section 73.092 . . .

v., 4 Fla. Supp. 2d 56 (Fla. Cir. Ct. 1983)

. . . Section 73.092, Florida Statutes, requires that: “In assessing attorney’s fees in eminent domain proceedings . . . determinant of a reasonable fee and explicitly acknowledges that the other factors enumerated in Section 73.092 . . . Section 73.092 stated in part: “In assessing attorney’s fees in eminent domain proceedings, the Court . . . Section 73.092, Florida Statutes, disallows attorney’s fees based solely on the benefit obtained. “. . . .

SERVICE INSURANCE COMPANY, a a a v. GULF STEEL CORPORATION, a, 412 So. 2d 967 (Fla. Dist. Ct. App. 1982)

. . . 3d DCA 1975), cert. denied, 330 So.2d 20 (Fla.1976) (eminent domain suit under sections 73.091 and 73.092 . . .

In ESTATE OF GRIFFIS,, 399 So. 2d 1048 (Fla. Dist. Ct. App. 1981)

. . . broke down to $340 per hour in an eminent domain proceeding, when such award complied with Section 73.092 . . .

STATE DEPARTMENT OF NATURAL RESOURCES, v. GABLES- BY- THE- SEA, INC. a, 374 So. 2d 582 (Fla. Dist. Ct. App. 1979)

. . . This approach disregards the factors set forth in Section 73.092, Florida Statutes (1977), to be used . . . In applying the factors set forth in Section 73.092 to the instant case, we note: (1) The benefit to . . .

DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, v. S. DENMARK, 354 So. 2d 100 (Fla. Dist. Ct. App. 1978)

. . . Section 73.092 of the Florida Statutes, recently enacted, provides as follows: In assessing attorney’ . . .