Florida Statutes
Fla. Stat. § 111.07 (2025)
Defense of civil actions against public officers, employees, or agents.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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111.07 Defense of civil actions against public officers, employees, or agents.—Any agency of the state, or any county, municipality, or political subdivision of the state, is authorized to provide an attorney to defend any civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees, or agents for an act or omission arising out of and in the scope of his or her employment or function, unless, in the case of a tort action, the officer, employee, or agent acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Defense of such civil action includes, but is not limited to, any civil rights lawsuit seeking relief personally against the officer, employee, or agent for an act or omission under color of state law, custom, or usage, wherein it is alleged that such officer, employee, or agent has deprived another person of rights secured under the Federal Constitution or laws. Legal representation of an officer, employee, or agent of a state agency may be provided by the Department of Legal Affairs. However, any attorney’s fees paid from public funds for any officer, employee, or agent who is found to be personally liable by virtue of acting outside the scope of his or her employment, or was acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, may be recovered by the state, county, municipality, or political subdivision in a civil action against such officer, employee, or agent. If any agency of the state or any county, municipality, or political subdivision of the state is authorized pursuant to this section to provide an attorney to defend a civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees, or agents and fails to provide such attorney, such agency, county, municipality, or political subdivision shall reimburse any such defendant who prevails in the action for court costs and reasonable attorney’s fees.
History.—s. 1, ch. 72-36; s. 1, ch. 79-139; s. 2, ch. 80-271; s. 55, ch. 81-259; s. 1, ch. 83-183; s. 677, ch. 95-147.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1980–2022 · leading case: Thornber v. City of Ft. Walton Beach, 568 So. 2d 914 (Fla. 1990).
Thornber v. City of Ft. Walton Beach, 568 So. 2d 914 (Fla. 1990). “The trial court denied the recall petition claim because the council members initiated the action and section 111.07, Florida Statutes (1981), under which they claimed entitlement to fees, only allows reimbursement of prevailing defendants.”
City of Fort Walton Beach v. Grant, 544 So. 2d 230 (Fla. 1st DCA 1989). “The Councilmen sued under section 111.07, Florida Statutes (1981), for reimbursement of attorney's fees, expended for private representation in several legal and administrative actions arising from the City Council's dismissal of the City Manager, Winston Walker, and the Police…”
Charlotte I. Gamble, Etc., Etc. v. The Florida Dep't of Health & Rehabilitative Servs., 779 F.2d 1509 (11th Cir. 1986). “Fla.Stat.Ann. § 111.07 (West Supp.1985). Gamble again argues that this statute, because it envisions public defense of individual state officers in damage actions, indicates that Florida’s waiver of sovereign immunity under § 768.”
Reddish v. Smith, 468 So. 2d 929 (Fla. 1985). “See § 111.07, Fla. Stat. (1977). We therefore *933 turn now to the allegations of the complaint pertaining to this issue.”
Chavez v. City of Tampa, 560 So. 2d 1214 (Fla. 2d DCA 1990). “ENTITLEMENT UNDER A STATUTORY THEORY We begin our analysis of this case by examining section 111.07, Florida Statutes (1985), the statute under which the appellant claims she is entitled to reimbursement of her fees.”
Meeker v. Addison, 586 F. Supp. 216 (S.D. Fla. 1984). “arising from a complaint for damages or injury suffered as a result of any act or omission of any officer, employee or agent in a civil or civil rights lawsuit .”
Wright v. Acierno, 437 So. 2d 242 (Fla. 5th DCA 1983). “It is also argued that the award of fees to the individual defendants grants these defendants a windfall because the City has provided them with counsel under the authority of Section 111.07, Florida Statutes (1981), so that only the City has incurred the costs, not these…”
Dist. Sch. Bd. of Lake Cty. v. Talmadge, 381 So. 2d 698 (Fla. 1980). “[25] For example, section 111.07, Florida Statutes (1977), authorizes any agency or political subdivision of the state to defend certain tort actions brought against their officers and employees.”
Simmons v. Schimmel, 476 So. 2d 1342 (Fla. 3d DCA 1985). “3d DCA 1985) (this court upheld an award of fees pursuant to section 111.07, Florida Statutes (1983), in favor of the appellee, where the case against him was dismissed with prejudice pursuant to a settlement effected by Dade County, a codefendant, since "the dismissal operated…”
Stone v. Irasburg, Town of, 2014 VT 43 (Vt. 2014). “See Fla. Stat. § 111.07 (1981). 6 We also reject the trial court’s ruling that plaintiffs signature on her responsive motion is grounds for granting summary judgment.”
Shinholster v. Graham, 527 F. Supp. 1318 (N.D. Fla. 1981). “Section 111.07, Florida Statutes (Supp. 1980), provides: Defense of civil actions against public officers, employees, or agents.”
Fla. Dept. of Ins., Div. Of Risk Mgmt. v. Amador, 841 So. 2d 612 (Fla. 3d DCA 2003). “NOTES [1] Section 111.07, Florida Statutes (2001), provides, in pertinent part: Any agency of the state, or any county, municipality, or political subdivision of the state, is authorized to provide an attorney to defend any civil action arising from a complaint for damages or…”
— 111.07(1)(a) — 1 case
Griffin v. City of Opa Locka, 891 So. 2d 1127 (Fla. 3d DCA 2004).
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