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: District Court of Appeal of Florida | Date Filed: 2021-11-24

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

Lamberti v. Mesa

Court: District Court of Appeal of Florida | Date Filed: 2010-03-10

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

Snippet: sheriff, attorney’s fees and costs under section 111.065, Florida Statutes (2006). We reverse because Mesa

City of Sweetwater v. Alvarez

Court: District Court of Appeal of Florida | Date Filed: 2009-06-24

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

CITY OF SWEETWATER FLORIDA v. St. Germain

Court: District Court of Appeal of Florida | Date Filed: 2006-11-15

Citation: 943 So. 2d 259, 2006 WL 3302533

Snippet: not guilty on all charges. Pursuant to section 111.065(4) of the Florida Statutes, St. Germain and Alvarez

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

Court: District Court of Appeal of Florida | Date Filed: 1997-04-02

Citation: 690 So. 2d 709, 1997 WL 149220

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: District Court of Appeal of Florida | Date Filed: 1996-06-05

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

Snippet: “law enforcement officer as defined under F.S. 111.065(1)” and thus any information that the assistant

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-06-08

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: District Court of Appeal of Florida | Date Filed: 1990-03-16

Citation: 560 So. 2d 1214, 1990 WL 27939

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

Kelly v. Gill

Court: District Court of Appeal of Florida | Date Filed: 1989-06-15

Citation: 544 So. 2d 1162, 1989 WL 63381

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

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Court: Florida Attorney General Reports | Date Filed: 1985-12-09

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: District Court of Appeal of Florida | Date Filed: 1985-02-28

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: Florida Attorney General Reports | Date Filed: 1982-09-14

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1982-04-30

Snippet: ACTIONS AGAINST LAW ENFORCEMENT OFFICERS UNDER s 111.065, F.S.? (D) DEFENSE OF CIVIL ACTIONS UNDER s 111

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

Court: Supreme Court of Florida | Date Filed: 1980-02-14

Citation: 381 So. 2d 698

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

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Court: Florida Attorney General Reports | Date Filed: 1979-07-17

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-09-29

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-09-21

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

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

Court: District Court of Appeal of Florida | Date Filed: 1977-08-22

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

Blocker v. State

Court: Supreme Court of Florida | Date Filed: 1926-11-12

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