Florida Statute 111.07 | 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. 111.07

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.

F.S. 111.07 on Google Scholar

F.S. 111.07 on Casetext

Amendments to 111.07

Arrestable Offenses / Crimes under Fla. Stat. 111.07

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 111.07.

Annotations, Discussions, Cases:

Cases Citing Statute 111.07

Total Results: 20

City of Miramar v. Donald Spadaro and Anthony Caravella

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: civil or civil rights lawsuit described in s. 111.07. … If the action is a civil rights action

ELIZABETH PIRMAN v. SOUTH POINTE OF TAMPA H. O. A.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-15T00:00:00-07:00

Snippet: quot;2 See Hillsborough County, Fla., Ordinance 111-7 (Apr. 21, 2021). The Association filed a motion

PHILIP MORRIS USA INC. and R.J. REYNOLDS TOBACCO COMPANY v. BRYAN RINTOUL, as Personal Representative of the Estate of Edward Caprio

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-11T00:53:00-07:00

Snippet: entitlement to the council members under section 111.07, Florida Statutes, because the statute allowed …the action and the trial court found that section 111.07 was the exclusive method to obtain reimbursement… “We agree with the district court that section 111.07 recognizes the common law but disagree that the

In Re: Certification of Need for Additional Judges

Court: Fla. | Date Filed: 2020-12-02T23:53:00-08:00

Snippet: Laurel M. Lee (June 29, 2020). 5. Ch. 2020-111, § 7, Laws of Fla. 6. Our certification methodology

Citizens Property Insurance Corp. v. River Manor Condominium Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-10T00:00:00-07:00

Citation: 125 So. 3d 846, 2013 WL 1441294, 2013 Fla. App. LEXIS 5729

Snippet: ’s rights to own and convey property, see § 718.111(7)(a); and the association’s right to purchase land

Barnes v. State

Court: Fla. | Date Filed: 2010-02-04T00:00:00-08:00

Citation: 29 So. 3d 1010, 35 Fla. L. Weekly Supp. 85, 2010 Fla. LEXIS 172, 2010 WL 375049

Snippet: requirements of Florida Rule of Criminal Procedure 3.111[7] had been met and that Barnes was "extremely

Maloy v. BOARD OF COUNTY COM'RS

Court: Fla. Dist. Ct. App. | Date Filed: 2007-01-25T23:53:00-08:00

Citation: 946 So. 2d 1260

Snippet: (Fla. 3d DCA 1981) ("This statute [section 111.07, Florida Statutes (1979)] recognizes the common

Ago

Court: Fla. Att'y Gen. | Date Filed: 2005-09-22T00:53:00-07:00

Snippet: a civil or civil rights lawsuit described in s. 111.07. If the civil action arises under s. 768.28 as

Griffin v. City of Opa Locka

Court: Fla. Dist. Ct. App. | Date Filed: 2004-12-29T00:00:00-08:00

Citation: 891 So. 2d 1127

Snippet: intentional harm which satisfies the language of section 111.07(1)(a). It certainly meets the statutory intent,

FLA. DEPT. OF INS., DIV. OF RISK MANAGEMENT v. Amador

Court: Fla. Dist. Ct. App. | Date Filed: 2003-04-01T23:53:00-08:00

Citation: 841 So. 2d 612

Snippet: fees paid under § 111.07, Florida Statutes[1], as individual application of § 111.07 is to be decided …and remanded with directions. NOTES [1] Section 111.07, Florida Statutes (2001), provides, in pertinent

Ago

Court: Fla. Att'y Gen. | Date Filed: 1998-02-15T23:53:00-08:00

Snippet: dismissed, 431 So.2d 988 (Fla. 1983).And see, s. 111.07, Fla. Stat., which authorizes a state agency, county

Ritchie v. State

Court: Fla. | Date Filed: 1996-03-27T23:53:00-08:00

Citation: 670 So. 2d 924

Snippet: procedural safeguards afforded juveniles by section 39.111(7), Florida Statutes (1987). See id., at 363-64. We

Davis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-10-25T00:00:00-07:00

Citation: 661 So. 2d 1261, 1995 Fla. App. LEXIS 11335, 1995 WL 623432

Snippet: order containing findings required by section 39.111(7)(d), Florida Statutes (1993). Secondly, he claims

Figueroa v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-06-30T00:00:00-07:00

Citation: 657 So. 2d 1225, 1995 Fla. App. LEXIS 7095, 1995 WL 385665

Snippet: considering the criteria enumerated in section 39.111(7) (now section 39.059(7)). Sirmons v. State, 620

Griffith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-02-22T23:53:00-08:00

Citation: 654 So. 2d 936

Snippet: ' when before the court, the statute [§ 39.111(7)] should be followed."). Similarly, in Barkley…court must consider the requirements of section 39.111(7) to determine whether adult sanctions are suitable

Peters v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-11-09T23:53:00-08:00

Citation: 626 So. 2d 1048

Snippet: findings on the record, as required by section 39.111(7)(d), Florida Statutes (1989). Peters v. State, 585…failed to address all of the factors in section 39.111(7)(c), Florida Statutes (1989), before sentencing …containing all of the findings required by section 39.111(7)(d). We agree. It is not enough that the trial judge

Thomas v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-09-15T00:00:00-07:00

Citation: 623 So. 2d 1238, 1993 Fla. App. LEXIS 9423, 1993 WL 356841

Snippet: imposing adult sanctions as required by section 39.111(7)(e), Florida Statutes (1989). We agree and remand…adult sanctions if the provisions of section 39.111(7)(c) are followed. Iles v. State, 602 So.2d 999 (

Thornber v. City of Fort Walton Beach

Court: Fla. Dist. Ct. App. | Date Filed: 1993-08-04T00:53:00-07:00

Citation: 622 So. 2d 570

Snippet: this action to enforce their rights under F.S. 111.07." [2] Case law approving an award of attorney…appellants for the action to enforce fees under section 111.07, it is doubtful that such recovery could have been

Sirmons v. State

Court: Fla. | Date Filed: 1993-06-24T00:53:00-07:00

Citation: 620 So. 2d 1249

Snippet: , necessarily waives the right under section 39.111(7)(d), Florida Statutes (1989),[1] for the court to…jurisdiction to resolve the conflict.[6] Section 39.111(7)(d) sets forth the procedure to be followed by the…by considering the criteria listed in section 39.111(7)(c), Florida Statutes (1989). This does not preclude… without complying with the statute. Section 39.111(7)(c) compels a court to determine whether adult sanctions…by considering six specific criteria. Section 39.111(7)(j) states that "[i]t is the intent of the

Boyles v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1992-11-18T00:00:00-08:00

Citation: 608 So. 2d 552, 1992 Fla. App. LEXIS 11659, 1992 WL 336022

Snippet: 593 So.2d 628 (Fla. 4th DCA 1991), citing § 39.111(7)(d), Fla.Stat. (1989). On remand the trial court