Florida Statute 111.065 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 111
PUBLIC OFFICERS: GENERAL PROVISIONS

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F.S. 111.065

111.065 Law enforcement or correctional officers, legal action against; employer payment of costs and attorney’s fees or provision of attorney.—

(1) For the purpose of this section only, the term “officer” means any law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), or (3), who is employed full time by any municipality or the state or any political subdivision thereof.

(2) The employing agency of any officer has the option to pay reasonable attorney’s fees and costs for any officer in any civil or criminal action commenced against such officer in any court when the action arose out of the performance of the officer’s official duties and:

(a) The plaintiff requests dismissal of the suit; or

(b) The officer is found to be not liable or not guilty.

(3) The employing agency shall provide an attorney and pay the reasonable attorney’s fees and costs for any officer in a criminal action commenced against the officer in any court if the employing agency determines that the officer’s actions that gave rise to the charges:

(a)1. Occurred in response to what the officer reasonably believed was an emergency;

2. Occurred when the officer reasonably believed that his or her action was necessary to protect the officer or others from imminent death or bodily harm; or

3. Occurred in the course of the officer’s fresh pursuit, apprehension, or attempted apprehension of a suspect whom the officer reasonably believed had perpetrated, or attempted to perpetrate, a forcible felony as defined in s. 776.08, or the offense of escape;

(b) Arose within the course and scope of the officer’s duties; and

(c) Were not acts of omission or commission which constituted a material departure from the employing agency’s written policies and procedures, or generally recognized criminal justice standards if no written policies or procedures exist.

(4)(a) If legal representation is requested under subsection (3) and the employing agency determines that the conditions set forth in subsection (3) have not been satisfied or the officer does not choose to use the employing agency’s designated attorney, the officer may:

1. Select from a list of attorneys provided by the employing agency; or

2. Choose his or her own attorney.

The officer may request the employing agency to reimburse reasonable attorney’s fees and costs if the officer’s actions giving rise to the charge did not result in the entry of a plea of guilty or nolo contendere or in a finding of guilt by a court or jury to any offense charged or any lesser or included offense that is substantially related to the offense charged.

(b) If legal representation is provided in accordance with paragraph (a), the amount of reasonable attorney’s fees and costs shall be determined as follows:

1. The officer shall submit an application for payment of reasonable attorney’s fees and costs to the employing agency no later than 30 days after termination of the criminal action. Thereafter, the employing agency and the officer must agree on reasonable attorney’s fees and costs to be paid within 30 days after submitting the application for payment. The officer may only apply for attorney’s fees and costs incurred in the actual defense of the prosecution of criminal charges, and the officer is not entitled to seek or collect attorney’s fees and costs related to efforts to collect attorney’s fees and costs under this section.

2. The application for reasonable attorney’s fees and costs must include an itemization statement from an attorney or expert witness representing or appearing in behalf of the officer which states the actual time expended and the rate at which fees and other expenses were computed.

3. If the officer and the employing agency do not reach an agreement or if payment is not provided within the specified time, the officer requesting payment of attorney’s fees and costs may submit the application to the court having jurisdiction over the criminal action within 30 days after the termination of the criminal action, failure to reach an agreement, or failure to pay the fees or costs, whichever is later. The court shall retain jurisdiction of the matter in order to determine entitlement to payment and the amount of reasonable attorney’s fees and costs.

4. If the officer files an application for attorney’s fees and costs with the court, the employing agency shall have the right to respond to the application. The court shall make its determination as to entitlement and amount of reasonable attorney’s fees and costs based on:

a. Whether the officer’s actions complied with the requirements of paragraphs (3)(a), (b), and (c); and

b. Prevailing market rates in the appropriate market area for defense of similar actions, as well as other relevant factors.

(c) A lodestar or fee multiplier provision may not be used in any criminal prosecution defended under this subsection and the attorney’s fees and costs awarded may not exceed $100,000.

History.—s. 1, ch. 76-191; s. 676, ch. 95-147; s. 2, ch. 2004-38.

F.S. 111.065 on Google Scholar

F.S. 111.065 on Casetext

Amendments to 111.065

Arrestable Offenses / Crimes under Fla. Stat. 111.065

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 111.065.

Annotations, Discussions, Cases:

Cases Citing Statute 111.065

Total Results: 19

EL BRAZO FUERTE BAKERY 2 v. 24 HOUR AIR SERVICE, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-23T23:53:00-08:00

Snippet: reasonable amount of hours spent on this case was 111.65 .... Plaintiff’s total lodestar amount

Lamberti v. Mesa

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-10T00:00:00-08:00

Citation: 29 So. 3d 446, 2010 Fla. App. LEXIS 2948, 2010 WL 785877

Snippet: subsection 111.065(3) is a statutory condition precedent to recovery of fees under subsection 111.065(4). The…sheriff, attorney’s fees and costs under section 111.065, Florida Statutes (2006). We reverse because Mesa…sent a demand to the Sheriff pursuant to section 111.065. Milian re*448quested $100,000 in attorney’s fees…had jurisdiction over the criminal case. See § 111.065(4)(b)3, Fla. Stat. (2006). The court held a hearing…because that was the maximum allowed under section 111.065. In response to a question from the Sheriff, Mili-an

City of Sweetwater v. Alvarez

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-24T00:00:00-07:00

Citation: 14 So. 3d 1210, 2009 Fla. App. LEXIS 8483, 2009 WL 1766721

Snippet: are called upon to construe reads as follows: 111.065. Law enforcement or correctional officers, legal…substantially related to the offense charged. § 111.065, Fla. Stat. (2004) (emphasis added). IV. Analysis…of the incident involving Mr. Daniels, section 111.065 of the Florida Statutes gave a law enforcement …judgment of no liability, or verdict of acquittal. § 111.065(2)(a), (b), Fla. Stat. (2003) (emphasis added).… charging of appellees by information, section 111.065 was amended to state that an employing agency &

CITY OF SWEETWATER FLORIDA v. St. Germain

Court: Fla. Dist. Ct. App. | Date Filed: 2006-11-14T23:53:00-08:00

Citation: 943 So. 2d 259

Snippet: not guilty on all charges. Pursuant to section 111.065(4) of the Florida Statutes, St. Germain and Alvarez…costs that they had incurred in their defense. ß 111.065(4)(b)1, Fla. Stat. (2006)(providing that "… to the circuit court as authorized by section 111.065: If the officer and the employing agency do not…of reasonable attorney's fees and costs. ß 111.065(4)(b)(3), Fla. Stat. (2004). Alvarez mailed copies…responding to the applications as provided by section 111.065(4)(b)(4), the City filed a Rule 1.140 motion claiming

Fl. Dept. of Rev. v. Pirtle Const.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-01T23:53:00-08:00

Citation: 690 So. 2d 709

Snippet: this analysis appears in Smith v. Davis, 323 U.S. 111, 65 S.Ct. 157, 89 L.Ed. 107 (1944), where the United

Krischer v. D'Amato

Court: Fla. Dist. Ct. App. | Date Filed: 1996-06-05T00:00:00-07:00

Citation: 674 So. 2d 909, 1996 Fla. App. LEXIS 5829, 1996 WL 293584

Snippet: as defined under section 111.065(1), Florida Statutes (1993). Section 111.065(1) defines a law enforcement…“law enforcement officer as defined under F.S. 111.065(1)” and thus any information that the assistant…penal, traffic, or highway laws of this state, § 111.065(1), Fla.Stat. (1993). When the language of a statute…enforcement of the penal ... laws of this state.” § 111.065(1). Certainly that is the function of an assistant

Ago

Court: Fla. Att'y Gen. | Date Filed: 1992-06-08T00:53:00-07:00

Snippet: herein. 7 Section 401.23(14), F.S. 8 But see, s. 111.065, F.S., which authorizes the employing agency of

Chavez v. City of Tampa

Court: Fla. Dist. Ct. App. | Date Filed: 1990-03-15T23:53:00-08:00

Citation: 560 So. 2d 1214

Snippet: for public officials and employees. See sections 111.065 through 111.072. These sections, when read together

Kelly v. Gill

Court: Fla. Dist. Ct. App. | Date Filed: 1989-06-15T00:53:00-07:00

Citation: 544 So. 2d 1162

Snippet: in Florida). [4] Also note that under section 111.065, Florida Statutes (1985), a deputy sheriff is defined

Ago

Court: Fla. Att'y Gen. | Date Filed: 1985-12-08T23:53:00-08:00

Snippet: for various statutory purposes. See, e.g., ss. 111.065 (legal costs and fees), 112.19 and 112.1904 (death

Florida Police Benevolent Ass'n v. Miller

Court: Fla. Dist. Ct. App. | Date Filed: 1985-02-28T00:00:00-08:00

Citation: 464 So. 2d 236, 10 Fla. L. Weekly 511, 1985 Fla. App. LEXIS 12723

Snippet: Appellant seeks that here. The statute here is section 111.065: Law enforcement officers, civil or criminal action

Ago

Court: Fla. Att'y Gen. | Date Filed: 1982-09-14T00:53:00-07:00

Snippet: violative of s 145.17, the court drew a parallel to s 111.065, F.S., which authorizes the reimbursement of attorney

Ago

Court: Fla. Att'y Gen. | Date Filed: 1982-04-30T00:53:00-07:00

Snippet: ACTIONS AGAINST LAW ENFORCEMENT OFFICERS UNDER s 111.065, F.S.? (D) DEFENSE OF CIVIL ACTIONS UNDER s 111.07…#39;s lawful authority. Question One (C) Section 111.065(2), F.S., provides, as follows: The employing…found not liable or not guilty. (e.s.) Section 111.065(1), F.S., defines `law enforcement officer'…detection of crime . . . . (e.s.) By its terms, s 111.065, F.S., in relevant part, applies only to a law …determined otherwise, I am of the opinion that s 111.065, F.S., does not extend to or authorize the payment

DISTRICT SCH. BD. OF LAKE CTY. v. Talmadge

Court: Fla. | Date Filed: 1980-02-13T23:53:00-08:00

Citation: 381 So. 2d 698

Snippet: if a judgment is rendered. Lastly, *704 section 111.065, Florida Statutes (1977), permits the payment of

Ago

Court: Fla. Att'y Gen. | Date Filed: 1979-07-17T00:53:00-07:00

Snippet: payment of attorney fees for deputy sheriffs is s. 111.065, F. S. This statute authorizes the employing agency

Ago

Court: Fla. Att'y Gen. | Date Filed: 1977-09-29T00:53:00-07:00

Snippet: from the performance of their duties. Finally, s. 111.065, F. S. (1976 Supp.), authorizes the payment, by

Ago

Court: Fla. Att'y Gen. | Date Filed: 1977-09-21T00:53:00-07:00

Snippet: budget and in light of s. 117.07, F. S., and s.111.065, F. S. (1976 Supp.), would it be proper for the…budget and in light of s. 111.07, F. S., and s. 111.065, F. S. (1976 Supp.), would it be proper for the…subsequently rendered in the action. Likewise, s. 111.065, F. S. (1976 Supp.), refers only to payment of

Askew v. Green, Simmons, Green & High-Tower, P. A.

Court: Fla. Dist. Ct. App. | Date Filed: 1977-08-22T00:00:00-07:00

Citation: 348 So. 2d 1245, 1977 Fla. App. LEXIS 16433

Snippet: out of the performance of their duties. Section 111.065, Florida Statutes (Supp.1976). It is evident that…Governor and reinstated by the Senate. Section 111.065, Florida Statutes (Supp.1976) makes similar provision

Blocker v. State

Court: Fla. | Date Filed: 1926-11-12T00:00:00-08:00

Citation: 110 So. 547, 92 Fla. 878

Snippet: exception to this testimony. State v. Simonis, 39 Or. 111, 65 Pac. Rep. 595. This was a poisoning case and I