Florida Statute 73.92 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

View Entire Chapter

F.S. 73.092

73.092 Attorney’s fees.—

(1) Except as otherwise provided in this section and s. 73.015, the court, in eminent domain proceedings, shall award attorney’s fees based solely on the benefits achieved for the client.

(a) As used in this section, the term “benefits” means the difference, exclusive of interest, between the final judgment or settlement and the last written offer made by the condemning authority before the defendant hires an attorney. If no written offer is made by the condemning authority before the defendant hires an attorney, benefits must be measured from the first written offer after the attorney is hired.

1. In determining attorney’s fees, if business records as defined in s. 73.015(2)(c)2. and kept by the owner in the ordinary course of business were provided to the condemning authority to substantiate the business damage offer in s. 73.015(2)(c), benefits for amounts awarded for business damages must be based on the difference between the final judgment or settlement and the written counteroffer made by the condemning authority provided in s. 73.015(2)(d).

2. In determining attorney’s fees, if existing business records as defined in s. 73.015(2)(c)2. and kept by the owner in the ordinary course of business were not provided to the condemning authority to substantiate the business damage offer in s. 73.015(2)(c) and those records which were not provided are later deemed material to the determination of business damages, benefits for amounts awarded for business damages must be based upon the difference between the final judgment or settlement and the first written counteroffer made by the condemning authority within 90 days from the condemning authority’s receipt of the business records previously not provided.

(b) The court may also consider nonmonetary benefits obtained for the client through the efforts of the attorney, to the extent such nonmonetary benefits are specifically identified by the court and can, within a reasonable degree of certainty, be quantified.

1. Thirty-three percent of any benefit up to $250,000; plus

2. Twenty-five percent of any portion of the benefit between $250,000 and $1 million; plus

3. Twenty percent of any portion of the benefit exceeding $1 million.

(2) In assessing attorney’s fees incurred in defeating an order of taking, or for apportionment, or other supplemental proceedings, when not otherwise provided for, the court shall consider:

(a) The novelty, difficulty, and importance of the questions involved.

(b) The skill employed by the attorney in conducting the cause.

(d) The responsibility incurred and fulfilled by the attorney.

(e) The attorney’s time and labor reasonably required adequately to represent the client in relation to the benefits resulting to the client.

(f) The fee, or rate of fee, customarily charged for legal services of a comparable or similar nature.

(g) Any attorney’s fee award made under subsection (1).

(3) In determining the amount of attorney’s fees to be paid by the petitioner under subsection (2), the court shall be guided by the fees the defendant would ordinarily be expected to pay for these services if the petitioner were not responsible for the payment of those fees.

(4) At least 30 days prior to a hearing to assess attorney’s fees under subsection (2), the condemnee’s attorney shall submit to the condemning authority and to the court complete time records and a detailed statement of services rendered by date, nature of services performed, time spent performing such services, and costs incurred.

(5) The defendant shall provide to the court a copy of any fee agreement that may exist between the defendant and his or her attorney, and the court must reduce the amount of attorney’s fees to be paid by the defendant by the amount of any attorney’s fees awarded by the court.

History.—s. 1, ch. 76-158; s. 37, ch. 85-180; s. 3, ch. 87-148; s. 54, ch. 90-136; s. 3, ch. 90-303; s. 3, ch. 94-162; s. 1370, ch. 95-147; s. 61, ch. 99-385.

F.S. 73.092 on Google Scholar

F.S. 73.092 on CourtListener

Amendments to 73.092

Annotations, Discussions, Cases:

Cases Citing Statute 73.092

Total Results: 84

Barco v. School Bd. of Pinellas County

975 So. 2d 1116, 33 Fla. L. Weekly Supp. 87, 2008 Fla. LEXIS 141, 2008 WL 321469

Supreme Court of Florida | Filed: Feb 7, 2008 | Docket: 1421677

Cited 37 times | Published

the circuit court eminent domain proceedings. Section 73.092(1), Florida Statutes (2004), provides for calculation

In Re Estate of Platt

586 So. 2d 328, 16 Fla. L. Weekly Supp. 640, 1991 Fla. LEXIS 1701, 1991 WL 195849

Supreme Court of Florida | Filed: Oct 3, 1991 | Docket: 1742614

Cited 23 times | Published

an order of taking in any condemnation action. § 73.092, Fla. Stat. (1989). Furthermore, in Quanstrom

Schick v. Dept. of Agric. & Cons. Services

599 So. 2d 641, 1992 WL 56359

Supreme Court of Florida | Filed: Mar 26, 1992 | Docket: 1483839

Cited 17 times | Published

FEE AWARD MADE PURSUANT TO THE PROVISIONS OF SECTION 73.092, FLORIDA STATUTES, IS THE ROWE[[1]] CONTINGENCY

State, Dept. of Transp. v. Skidmore

720 So. 2d 1125, 1998 Fla. App. LEXIS 13883, 1998 WL 765377

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 1719209

Cited 14 times | Published

Brigham, 47 So.2d 602 (Fla.1950). Methodology Section 73.092(1), Florida Statutes (1991) governs the award

DOT v. Robbins and Robbins, Inc.

700 So. 2d 782, 1997 WL 641331

District Court of Appeal of Florida | Filed: Oct 17, 1997 | Docket: 1373145

Cited 9 times | Published

procedure to establish a fee consistent with section 73.092 is for the trial court to consider the various

Broward County v. LaPointe

685 So. 2d 889, 1996 WL 656406

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 1735206

Cited 9 times | Published

resulting to the client from the services rendered." § 73.092(1), Fla.Stat. (1989). A trial court's evaluation

Department of Transp. v. Weisenfeld

617 So. 2d 1071, 1993 Fla. App. LEXIS 3309, 1993 WL 87246

District Court of Appeal of Florida | Filed: Mar 26, 1993 | Docket: 457943

Cited 9 times | Published

propriety and amount of any fee award. See also § 73.092, Fla. Stat. (1991). Therefore, the spectre of

May v. Barthet

934 So. 2d 1184, 2006 WL 1699473

Supreme Court of Florida | Filed: Jun 22, 2006 | Docket: 1460634

Cited 8 times | Published

State of Florida, Required by Florida Statutes § 73.092." Additionally, since March 2004, May has initiated

Seminole County v. Butler

676 So. 2d 451, 1996 Fla. App. LEXIS 5315, 1996 WL 273511

District Court of Appeal of Florida | Filed: May 24, 1996 | Docket: 1317751

Cited 8 times | Published

failed to calculate the fees in accordance with section 73.092, Florida Statutes (1993), we must reverse.

Seminole County v. Clayton

665 So. 2d 363, 1995 Fla. App. LEXIS 13492, 1995 WL 763343

District Court of Appeal of Florida | Filed: Dec 29, 1995 | Docket: 1352018

Cited 8 times | Published

accountant's fee, to be assessed by that court. Section 73.092, Florida Statutes (1993) contains the factors

STATE, ETC. v. Gables-By-The-Sea, Inc.

374 So. 2d 582

District Court of Appeal of Florida | Filed: Aug 7, 1979 | Docket: 432877

Cited 8 times | Published

approach disregards the factors set forth in Section 73.092, Florida Statutes (1977), to be used in assessing

DIVISION OF ADMINISTRATION, ETC. v. Denmark

354 So. 2d 100

District Court of Appeal of Florida | Filed: Jan 4, 1978 | Docket: 1682330

Cited 8 times | Published

as an abuse of the trial judge's discretion. Section 73.092 of the Florida Statutes, recently enacted,

Seminole County v. Delco Oil, Inc.

669 So. 2d 1162, 1996 Fla. App. LEXIS 2682, 1996 WL 124830

District Court of Appeal of Florida | Filed: Mar 22, 1996 | Docket: 1526181

Cited 7 times | Published

obligation to pay a reasonable fee pursuant to section 73.092, Florida Statutes (1993) but contested the

Baker Protective Services v. FP INC.

659 So. 2d 1120, 1995 WL 421874

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 1462982

Cited 6 times | Published

activates entitlement to fees and costs pursuant to section 73.092(7), Florida Statutes (1987)"). We find that

Department of Transp. v. Winter Park Golf Club

687 So. 2d 970, 1997 Fla. App. LEXIS 1374, 1997 WL 70902

District Court of Appeal of Florida | Filed: Feb 18, 1997 | Docket: 1718588

Cited 5 times | Published

obligated to pay the attorney. What else could section 73.092(5) mean: The amount of attorney's fees to be

FLORIDA INLAND NAV. DIST. v. Humphrys

616 So. 2d 494, 1993 WL 65692

District Court of Appeal of Florida | Filed: Mar 12, 1993 | Docket: 1383025

Cited 5 times | Published

(Humphryses) agree the award is governed by section 73.092, Florida Statutes (1991), which provides: (1)

Florida Power and Light Co. v. Flichtbeil

475 So. 2d 1250, 10 Fla. L. Weekly 1886, 1985 Fla. App. LEXIS 15469

District Court of Appeal of Florida | Filed: Aug 8, 1985 | Docket: 1301773

Cited 5 times | Published

500 and $22,500. The court awarded $40,250. Section 73.092, Florida Statutes (1983) governs the awarding

STATE, DOT v. LaBelle Phoenix Corp.

696 So. 2d 947, 1997 WL 386841

District Court of Appeal of Florida | Filed: Jul 11, 1997 | Docket: 1325794

Cited 4 times | Published

erroneously applied section 73.092(2), Florida Statutes (1995), rather than section 73.092(1), Florida Statutes

Lee County v. Pierpont

693 So. 2d 994, 1997 WL 24312

District Court of Appeal of Florida | Filed: Jan 24, 1997 | Docket: 1524494

Cited 4 times | Published

in this appeal involves the application of section 73.092, Florida Statutes (Supp.1994), to the circumstances

JEA v. Williams

978 So. 2d 842, 2008 WL 876418

District Court of Appeal of Florida | Filed: Apr 3, 2008 | Docket: 1759367

Cited 3 times | Published

to the appellees constituted an offer under section 73.092, Florida Statutes (2004). We disagree and affirm

City of Boynton Beach v. Janots

929 So. 2d 1099, 2006 WL 1154964

District Court of Appeal of Florida | Filed: May 3, 2006 | Docket: 1726892

Cited 3 times | Published

reverse an order awarding attorney's fees under section 73.092, Florida Statutes. The issue is which of two

Seminole County v. Chandrinos

816 So. 2d 1241, 2002 Fla. App. LEXIS 7634, 2002 WL 1072054

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 1753510

Cited 3 times | Published

agreements. Interestingly, we observe that section 73.092, Florida Statutes (1998) mandates that in most

Pierpont v. Lee County

710 So. 2d 958, 1998 WL 107949

Supreme Court of Florida | Filed: Mar 12, 1998 | Docket: 1445194

Cited 3 times | Published

FOR THE CALCULATION OF ATTORNEY'S FEES UNDER SECTION 73.092, FLORIDA STATUTES (SUPP.1994)? Lee County v

State, Dept. of Transp. v. Abs Properties

693 So. 2d 703, 1997 WL 264966

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 435369

Cited 3 times | Published

determine reasonable attorney's fees under section 73.092(2), Florida Statutes (1995). This case began

Hartleb v. STATE, DEPT. OF TRANSP.

677 So. 2d 336, 1996 Fla. App. LEXIS 5815, 1996 WL 293630

District Court of Appeal of Florida | Filed: Jun 5, 1996 | Docket: 1270227

Cited 3 times | Published

subsequent to Appellee's offer of judgment. Section 73.092(7), Florida Statutes (1987), the agreed applicable

Lee County v. Tohari

582 So. 2d 104, 1991 WL 115608

District Court of Appeal of Florida | Filed: Jun 28, 1991 | Docket: 1363868

Cited 3 times | Published

attorney's fee in an eminent domain proceeding. § 73.092, Fla. Stat. (1989). The County argues that this

City of Orlando v. Kensington, Ltd.

580 So. 2d 830, 1991 Fla. App. LEXIS 4724, 1991 WL 83751

District Court of Appeal of Florida | Filed: May 23, 1991 | Docket: 1716449

Cited 3 times | Published

hearing for an award of attorney fees pursuant to section 73.092, Florida Statutes (1989), the trial court,

Joseph B. Doerr Trust v. Central Florida Expressway Authority

177 So. 3d 1209, 40 Fla. L. Weekly Supp. 616, 2015 Fla. LEXIS 2476, 2015 WL 6748858

Supreme Court of Florida | Filed: Nov 5, 2015 | Docket: 3010217

Cited 2 times | Published

such fees is governed *1211 by section 73.092, Florida Statutes (2014), 1 which

Pompano Beach Community Redevelopment Agency v. Holland

82 So. 3d 1034, 2011 WL 4056251, 2011 Fla. App. LEXIS 14568

District Court of Appeal of Florida | Filed: Sep 14, 2011 | Docket: 60306035

Cited 2 times | Published

challenges the trial court’s application of section 73.092, Florida Statutes (2008), to award attorney’s

Department of Transp. v. RFT PARTNERSHIP

906 So. 2d 1161, 2005 Fla. App. LEXIS 10090, 2005 WL 1521329

District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 1774800

Cited 2 times | Published

NONMONETARY BENEFITS AS A BASIS FOR ATTORNEYS' FEES Section 73.092(1)(b), Florida Statutes (1995),[4] states that

STATE, DEPT. OF TRANSP. v. Patel

768 So. 2d 1173, 2000 Fla. App. LEXIS 11739, 2000 WL 1299286

District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 526552

Cited 2 times | Published

the defeat of a whole take *1174 pursuant to section 73.092(2), Florida Statutes (1997), instead of being

Amoco Oil Co. v. STATE, DEPT. OF TRANSP.

765 So. 2d 111, 2000 Fla. App. LEXIS 6796, 2000 WL 718181

District Court of Appeal of Florida | Filed: Jun 6, 2000 | Docket: 428797

Cited 2 times | Published

"other supplemental proceedings" contemplated in section 73.092(2), Florida Statutes (1997). After several

Reese v. STATE, DEPT. OF TRANSP.

743 So. 2d 1227, 1999 WL 1037953

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 1243343

Cited 2 times | Published

or nonmonetary benefits to appellants under section 73.092, Florida Statutes (1995), and denied entitlement

Teeter v. Department of Transp.

713 So. 2d 1090, 1998 WL 396711

District Court of Appeal of Florida | Filed: Jul 17, 1998 | Docket: 1449994

Cited 2 times | Published

and awarded them attorney's fees pursuant to section 73.092(1), Florida Statutes (Supp.1994), based on

State, Dept. of Transp. v. Smithbilt

715 So. 2d 963, 1998 WL 299386

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 1717033

Cited 2 times | Published

court's decision to award fees pursuant to section 73.092(2), Florida Statutes (1995), because the claim

DEPT. OF ENVIRON. PROTECTION v. Gibbins

696 So. 2d 888, 1997 WL 317044

District Court of Appeal of Florida | Filed: Jun 13, 1997 | Docket: 1326001

Cited 2 times | Published

defense of the "taking" pursuant to § 73.091 and § 73.092, Fla. Stat. 3. Accordingly, the Motion for Entitlement

Lee County v. Barnett Banks, Inc.

711 So. 2d 34, 1997 WL 106821

District Court of Appeal of Florida | Filed: May 20, 1997 | Docket: 1338032

Cited 2 times | Published

his opinion as to the legal interpretation of section 73.092, Florida Statutes (Supp.1994). We reverse the

City of Jacksonville v. Tresca

692 So. 2d 991, 1997 WL 222392

District Court of Appeal of Florida | Filed: May 6, 1997 | Docket: 1524668

Cited 2 times | Published

trial court erred in its interpretation of section 73.092, Florida Statutes, by determining that an offer

Seminole County v. ROLLINGWOOD APARTMENTS

678 So. 2d 370, 1996 Fla. App. LEXIS 6305, 1996 WL 324655

District Court of Appeal of Florida | Filed: Jun 14, 1996 | Docket: 1736979

Cited 2 times | Published

the eminent domain attorney's fee statute, section 73.092, Florida Statutes (1993). Seminole County also

Lee County v. Sager

595 So. 2d 177, 1992 WL 28950

District Court of Appeal of Florida | Filed: Feb 21, 1992 | Docket: 1298934

Cited 2 times | Published

of the Florida Rules of Civil Procedure and section 73.092(7), Florida Statutes (1987), in the amount

DEPT. OF AGR. AND CONS. SERV. v. Schick

580 So. 2d 648, 1991 WL 65356

District Court of Appeal of Florida | Filed: Apr 29, 1991 | Docket: 1364945

Cited 2 times | Published

manifest injustice to the state would result if section 73.092 is erroneously interpreted to include the use

Estate of Griffis

399 So. 2d 1048, 1981 Fla. App. LEXIS 20121

District Court of Appeal of Florida | Filed: Jun 10, 1981 | Docket: 1652473

Cited 2 times | Published

domain proceeding, when such award complied with Section 73.092, Florida Statutes. This statute establishes

Theodore Ryan v. City of Boynton Beach, etc., and Frank Janots

157 So. 3d 417, 2015 Fla. App. LEXIS 1428, 2015 WL 444440

District Court of Appeal of Florida | Filed: Feb 4, 2015 | Docket: 2631117

Cited 1 times | Published

Motions for Disbursement Florida Statutes section 73.092(2) governs the award of fees incurred in the

Orlando/Orange County Expressway v. Tuscan Ridge, LLC

137 So. 3d 1154, 2014 WL 1325670, 2014 Fla. App. LEXIS 5010

District Court of Appeal of Florida | Filed: Apr 4, 2014 | Docket: 60240195

Cited 1 times | Published

landowners’ attorney’s fee award, determined under section 73.092(2), Florida Statutes (2006), and remanded with

Orlando/Orange County Expressway Authority v. Tuscan Ridge, LLC

84 So. 3d 410, 2012 WL 1057622, 2012 Fla. App. LEXIS 4992

District Court of Appeal of Florida | Filed: Mar 30, 2012 | Docket: 60306729

Cited 1 times | Published

awarded to the landowners to those permitted by section 73.092(1), Florida Statutes (2006), based on a pre-suit

State Dept. of Transp. v. NASSAU PARTNERS

878 So. 2d 1286, 2004 Fla. App. LEXIS 11705, 2004 WL 1773539

District Court of Appeal of Florida | Filed: Aug 10, 2004 | Docket: 2550892

Cited 1 times | Published

entitlement to recover costs are authorized by section 73.092(2),[1] because a post-judgment costs hearing

City of North Miami Beach v. Reed

863 So. 2d 351, 2003 Fla. App. LEXIS 14358, 2003 WL 22187977

District Court of Appeal of Florida | Filed: Sep 24, 2003 | Docket: 64827461

Cited 1 times | Published

attorney’s fees as provided in s. 73.092.”1 Section 73.092 provides the criteria to be used to determine

Amerada Hess Corp. v. STATE, DEPARTMENT OF TRANSPORTATION

788 So. 2d 276, 2000 Fla. App. LEXIS 13937, 2000 WL 1630150

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 1685101

Cited 1 times | Published

benefits achieved for the client by the attorney. See § 73.092(1), Fla. Stat. Monetary benefits are defined as

Amerada Hess Corp. v. STATE, DEPARTMENT OF TRANSPORTATION

788 So. 2d 276, 2000 Fla. App. LEXIS 13937, 2000 WL 1630150

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 1685101

Cited 1 times | Published

benefits achieved for the client by the attorney. See § 73.092(1), Fla. Stat. Monetary benefits are defined as

State, Department of Transportation v. Skinners Wholesale Nursery, Inc.

736 So. 2d 3, 1998 Fla. App. LEXIS 14795, 1998 WL 821776

District Court of Appeal of Florida | Filed: Nov 20, 1998 | Docket: 64789038

Cited 1 times | Published

(Supp. 1994), and 73.131(2), Fla.Stat. (1993). Section 73.092(1) provides that generally an award of attorney’s

Seminole County v. Cumberland Farms, Inc.

688 So. 2d 372, 1997 Fla. App. LEXIS 261, 1997 WL 24245

District Court of Appeal of Florida | Filed: Jan 24, 1997 | Docket: 1787204

Cited 1 times | Published

expert and used by the court did not comply with section 73.092, Florida Statutes. We reverse. Seminole County

Rodney Shands v. City of Marathon

District Court of Appeal of Florida | Filed: Feb 5, 2025 | Docket: 69612573

Published

close tabs on marketplace transactions 14 Section 73.092 of the Florida Statutes provides that, in eminent

RI CS2, LLC v. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, CIRCLE K STORES, INC., AND RIDGE MANOR EXPRESS

District Court of Appeal of Florida | Filed: Mar 1, 2024 | Docket: 68300802

Published

statutory benefit fee awardable pursuant to section 73.092(1), Florida Statutes (2021), with tenant, Circle

The Florida Bar v. Brian P. Rush

Supreme Court of Florida | Filed: May 4, 2023 | Docket: 67324127

Published

domain cases, as relevant here, are governed by section 73.092, Florida Statutes (2019), 2 which states that

NICOLAOS MALLAS v. GEORGE V. MALLAS

District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199085

Published

and declining to award fees for fees under section 73.092). However, this court has also distinguished

B. ADAM BERLIN v. DEPT. OF TRANSPORTATION

District Court of Appeal of Florida | Filed: Jan 8, 2020 | Docket: 16667099

Published

grounds it failed to meet the requirements of section 73.092(1)(b), Florida Statutes (2017). The trial court

Florida Gas Transmission Company, LLC v. Sylvia Johnson

264 So. 3d 336

District Court of Appeal of Florida | Filed: Feb 5, 2019 | Docket: 14534782

Published

subsection (2), rather than subsection (1), of section 73.092, Florida Statutes (2018). We agree and reverse

General Commercial Properties, Inc. v. State of Florida Department of Transportation

178 So. 3d 439, 2015 Fla. App. LEXIS 15245

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919781

Published

attorney’s fees awarded to the property owner under section 73.092, Florida Statutes (2012), in eminent domain

Florida Department of Agriculture & Consumer Services v. Bogorff

132 So. 3d 249, 2013 WL 6082242, 2013 Fla. App. LEXIS 18418

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60238388

Published

should be computed under the sliding scale of section 73.092(1), Florida Statutes (2009), rather than under

Southwest Florida Water Management District v. Shea

86 So. 3d 582, 2012 Fla. App. LEXIS 6608, 2012 WL 1448560

District Court of Appeal of Florida | Filed: Apr 27, 2012 | Docket: 60307723

Published

District challenges the fees awarded under section 73.092(l)(b) and (2), Florida Statutes (2010). On

Calhoun, Dreggors & Associates v. Volusia County

26 So. 3d 624, 2009 Fla. App. LEXIS 20533, 2009 WL 5150087

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 2410512

Published

Gibbins, 696 So.2d 888, 890 (Fla. 5th DCA 1997). Section 73.092 primarily sets forth the methods prescribed

State, Department of Transportation v. Lockhart

909 So. 2d 590, 2005 Fla. App. LEXIS 13876, 2005 WL 2104921

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 64840188

Published

property owner in defense of the proceeding. Section 73.092(2) speaks solely to the issue of attorney’s

School Board of Palm Beach County v. 427 Hope, Inc.

886 So. 2d 241, 2004 Fla. App. LEXIS 10832, 2004 WL 1620864

District Court of Appeal of Florida | Filed: Jul 21, 2004 | Docket: 64834034

Published

483 So.2d 51, 52 (Fla. 4th DCA 1986). Second, section 73.092(1), Florida Statutes, specifically provides

Enterprising Professional Investment Corp. v. Department of Transportation

882 So. 2d 1014, 2004 Fla. App. LEXIS 2688, 2004 WL 401573

District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 64832849

Published

motion for an award of attorney’s fees under section 73.092(2), *1015Florida Statutes (2001). The motion

Sarasota County v. Curry

861 So. 2d 1239, 2003 Fla. App. LEXIS 18808, 2003 WL 22927470

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 64827208

Published

its discretion in awarding the fees based on section 73.092(1), Florida Statutes (1995), we reverse. In

Ward v. Collier County

852 So. 2d 892, 2003 Fla. App. LEXIS 11736, 2003 WL 21799898

District Court of Appeal of Florida | Filed: Aug 6, 2003 | Docket: 64824436

Published

benefit with reasonable certainty as required by section 73.092(2)(b), Florida Statutes (2001). Collier County

Department of Transportation v. CNL Income Fund VIII, Ltd.

823 So. 2d 147, 2002 Fla. App. LEXIS 8393, 2002 WL 1301499

District Court of Appeal of Florida | Filed: Jun 14, 2002 | Docket: 64816760

Published

which the attorney is entitled to a fee under section 73.092, Florida Statutes. We agree with the trial

Golf Course Resorts, Inc. v. Department of Transportation

816 So. 2d 236, 2002 Fla. App. LEXIS 6580, 2002 WL 984340

District Court of Appeal of Florida | Filed: May 15, 2002 | Docket: 64815083

Published

incurred in the defense of the proceedings. Section 73.092(1), Florida Statutes (2000), provides that

Department of Transportation, State v. O'Donnell

775 So. 2d 991, 2000 Fla. App. LEXIS 15504, 2000 WL 1759905

District Court of Appeal of Florida | Filed: Dec 1, 2000 | Docket: 64803082

Published

O’Donnell, it should be calculated pursuant to section 73.092(2), Florida Statutes (1997). We conclude that

Gatlin v. State, Department of Transportation

763 So. 2d 1232, 2000 Fla. App. LEXIS 6808, 2000 WL 718178

District Court of Appeal of Florida | Filed: Jun 6, 2000 | Docket: 64799244

Published

fees, which they sought on the authority of section 73.092(2), Florida Statutes (1997), for legal services

State, Department of Transportation v. Lakepointe Associates

745 So. 2d 364, 1999 Fla. App. LEXIS 13150, 1999 WL 781575

District Court of Appeal of Florida | Filed: Oct 4, 1999 | Docket: 64792383

Published

was not a written offer as contemplated by section 73.092, Florida Statutes, because it was not signed

State, Department of Transportation v. Knaus

737 So. 2d 1130, 1999 Fla. App. LEXIS 9598, 1999 WL 538104

District Court of Appeal of Florida | Filed: Jun 4, 1999 | Docket: 64789632

Published

eminent domain case was generally governed by section 73.092, Florida Statutes (1995). In determining the

Seminole County v. M.G. Investments of Orlando, Inc.

714 So. 2d 1066, 1998 Fla. App. LEXIS 6655, 1998 WL 307561

District Court of Appeal of Florida | Filed: Jun 12, 1998 | Docket: 64781950

Published

following a condemnation proceeding pursuant to section 73.092(l)(a), Florida Statutes (1995). This case arose

State, Department of Transportation v. Hall

707 So. 2d 1163, 1998 Fla. App. LEXIS 2234, 1998 WL 85475

District Court of Appeal of Florida | Filed: Mar 3, 1998 | Docket: 64779778

Published

this parcel.” Hall filed a motion pursuant to section 73.092, Florida Statutes, for attorney’s fees and

Seminole County v. Coral Gables Federal Savings & Loan Ass'n

691 So. 2d 614, 1997 Fla. App. LEXIS 4345, 22 Fla. L. Weekly Fed. D 994

District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 64772476

Published

entered pursuant to section 73.092, Florida Statutes (Supp.1994). Section 73.092 provides, in part, that

Brevard County v. Canaveral Properties, Inc.

689 So. 2d 1309, 1997 Fla. App. LEXIS 3058, 1997 WL 136401

District Court of Appeal of Florida | Filed: Mar 27, 1997 | Docket: 64771860

Published

landowners’ recovery. Under the 1993 version of section 73.092(1), Florida Statutes, applicable here, in setting

Department of Transportation v. Morris

674 So. 2d 926, 1996 Fla. App. LEXIS 6042, 1996 WL 303068

District Court of Appeal of Florida | Filed: Jun 7, 1996 | Docket: 64765096

Published

affirmed but we remind the trial court that under section 73.092, Florida Statutes (1993), the “benefit” received

State, Department of Transportation v. Daystar, Inc.

674 So. 2d 754, 1996 Fla. App. LEXIS 2621, 1996 WL 123158

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 64765031

Published

lost the benefit of the following provision in section 73.092(7), Florida Statutes (1989): Where an offer

Downtown Square Associates v. State Department of Transportation

648 So. 2d 1265, 1995 WL 36179

District Court of Appeal of Florida | Filed: Feb 1, 1995 | Docket: 64753663

Published

enumerated in section 73.092, Florida Statutes (1993), in *1266fashioning the fee award. Section 73.092 provides

Persons v. Pelaez

613 So. 2d 509, 1993 Fla. App. LEXIS 95, 1993 WL 5307

District Court of Appeal of Florida | Filed: Jan 15, 1993 | Docket: 64693965

Published

activates entitlement to fees and costs pursuant to section 73.092(7), Florida Statutes (1987)”). This analysis

Crigler v. State, Department of Transportation

535 So. 2d 329, 13 Fla. L. Weekly 2672, 1988 Fla. App. LEXIS 5834, 1988 WL 131111

District Court of Appeal of Florida | Filed: Dec 9, 1988 | Docket: 64639179

Published

offers were made pursuant to the newly enacted section 73.092(7)-(9), Florida Statutes (1987).1 We agree

State Department of Transportation v. Fortune Federal Savings & Loan Ass'n

489 So. 2d 1216, 11 Fla. L. Weekly 1349, 1986 Fla. App. LEXIS 8303

District Court of Appeal of Florida | Filed: Jun 11, 1986 | Docket: 64620083

Published

court may award attorney’s fees pursuant to section 73.092. GRIMES, A.C.J., and SCHOONOVER, J., concur

Division of Administration State Department of Transportation v. Ideal Holding Co.

480 So. 2d 243, 11 Fla. L. Weekly 118, 1985 Fla. App. LEXIS 6037

District Court of Appeal of Florida | Filed: Dec 31, 1985 | Docket: 64616271

Published

attorney’s fee to be assessed by that court. Section 73.092, Florida Statutes (1983), furnishes the criteria

Division of Administration, State Department of Transportation v. Decker

450 So. 2d 1220, 1984 Fla. App. LEXIS 13384

District Court of Appeal of Florida | Filed: May 23, 1984 | Docket: 64605251

Published

that court.” In assessing attorney’s fees, section 73.092 requires the court to consider the following