Florida Statute 119.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 119
PUBLIC RECORDS

View Entire Chapter

F.S. 119.12

119.12 Attorney fees.—

(1) If a civil action is filed against an agency to enforce the provisions of this chapter, the court shall assess and award the reasonable costs of enforcement, including reasonable attorney fees, against the responsible agency if the court determines that:

(a) The agency unlawfully refused to permit a public record to be inspected or copied; and

(b) The complainant provided written notice identifying the public record request to the agency’s custodian of public records at least 5 business days before filing the civil action, except as provided under subsection (2). The notice period begins on the day the written notice of the request is received by the custodian of public records, excluding Saturday, Sunday, and legal holidays, and runs until 5 business days have elapsed.

(2) The complainant is not required to provide written notice of the public record request to the agency’s custodian of public records as provided in paragraph (1)(b) if the agency does not prominently post the contact information for the agency’s custodian of public records in the agency’s primary administrative building in which public records are routinely created, sent, received, maintained, and requested and on the agency’s website, if the agency has a website.

(3) The court shall determine whether the complainant requested to inspect or copy a public record or participated in the civil action for an improper purpose. If the court determines there was an improper purpose, the court may not assess and award the reasonable costs of enforcement, including reasonable attorney fees, to the complainant, and shall assess and award against the complainant and to the agency the reasonable costs, including reasonable attorney fees, incurred by the agency in responding to the civil action. For purposes of this subsection, the term “improper purpose” means a request to inspect or copy a public record or to participate in the civil action primarily to cause a violation of this chapter or for a frivolous purpose.

(4) This section does not create a private right of action authorizing the award of monetary damages for a person who brings an action to enforce the provisions of this chapter. Payments by the responsible agency may include only the reasonable costs of enforcement, including reasonable attorney fees, directly attributable to a civil action brought to enforce the provisions of this chapter.

History.—s. 5, ch. 75-225; s. 7, ch. 84-298; s. 13, ch. 2004-335; s. 1, ch. 2017-21.

F.S. 119.12 on Google Scholar

F.S. 119.12 on Casetext

Amendments to 119.12

Arrestable Offenses / Crimes under Fla. Stat. 119.12

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 119.12.

Annotations, Discussions, Cases:

Cases Citing Statute 119.12

Total Results: 20

Florida Department of Health v. Kenneth Woliner, M.D.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

Snippet: of attorney’s fees and costs pursuant to section 119.12, Florida Statutes. On the parties’ competing motions…entitled to an award of costs pursuant to section 119.12 because he did not satisfy the statutory notice…not liable for costs.” By contrast, section 119.12, Florida Statutes (2019), provides in part as follows…statute did not contain a notice requirement. See § 119.12, Fla. Stat. (2016). “When reconciling statutes…provision meaningless.” Id. at 1140. Sections 119.12 and 57.041 both address entitlement to costs, but

Hernando County, Florida v. Hernando County Fair Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-14T00:00:00-07:00

Snippet: for attorney’s fees and costs pursuant to section 119.12(1), Florida Statutes (2021). The HCFA responded…County is entitled to an award of fees under section 119.12(1)(a), Florida Statutes. REVERSED and REMANDED

BEN VITALE v. PALMETTO CHARTER SCHOOL, INC., AND EVAN R. GUIDO

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-17T00:00:00-08:00

Snippet: motivated by an "improper purpose." See § 119.12(3), Fla. Stat. (2021) (providing an award of attorneys…establishing the amount of the fee award under section 119.12(3). Affirmed. SILBERMAN and VILLANTI, JJ

Grant Stern v. Florida Governor Ron DeSantis and the Executive Office of the

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-15T00:00:00-08:00

Snippet: required to recover attorney’s fees under section 119.12(1)(b), Florida Statutes). ROWE, RAY, and WINOKUR

MICHAEL ROLDAN v. CITY OF HALLANDALE BEACH

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-05T00:53:00-07:00

Snippet: attorney’s fees under section 119.12(1), Florida Statutes (2019). Section 119.12(1)—titled “Attorney fees”…have elapsed. § 119.12(1), Fla. Stat. (2019). Both parties agree that section 119.12(2)’s exception…consider the relationship between section 119.12(1)(a) and section 119.12(1)(b). There is an “and” between the… or copied.” § 119.12(1)(a), Fla. Stat. (2019). “Unlawful refusal under section 119.12 includes not only…has a website. § 119.12(2), Fla. Stat. (2019) (emphasis added). Section 119.12(2) also refers to

MICHAEL E. JACKSON v. CITY OF SOUTH BAY, FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-14T23:53:00-08:00

Snippet: inspected . . . .” § 119.12(1)(a), Fla. Stat. (2021). “Unlawful refusal under section 119.12 includes not …the circumstances of this particular case. See § 119.12(1)(a), Fla. Stat. (providing for attorney’s fees

MARTIN E. O'BOYLE v. TOWN OF GULF STREAM

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-01T00:53:00-07:00

Snippet: attorneys’ fees. § 119.12, Fla. Stat. (2014). In construing section 119.12 we have tacked closely…section 119.12 mandates attorney’s fees for enforcing the “provisions” of Chapter 119, and 119.12 is one…the agency’s compliance with section 119.12 itself. Section 119.12 is not a mandate directed to the agency…cannot “violate” section 119.12. The word “provisions” in section 119.12 is best understood as a generic…Lauderdale, for appellee. GROSS, J. Section 119.12, Florida Statutes (2014), 1 provides that in a

MARTIN E. O'BOYLE v. TOWN OF GULF STREAM

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-01T00:53:00-07:00

Snippet: permit a public record to be inspected or copied.” § 119.12(1)(a), Fla. Stat. (2018). The issue presented…relationship with the litigant[.]” Id. Section 119.12(1) states that the reasonable costs of enforcement…“reasonable costs of enforcement” under section 119.12 because (1) an attorney-client relationship existed

HUMAN RIGHTS DEFENSE CENTER v. ARMOR CORRECTIONAL HEALTH SERVICES, INC., etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-30T23:53:00-08:00

Snippet: access to the records within the meaning of section 119.12(1), Florida Statutes (1995).”). We reverse and

B&L SERVICES, INC. v. BROWARD COUNTY, FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-29T00:53:00-07:00

Snippet: denying its motion for attorney’s fees under section 119.12, Florida Statutes (2016). For the reasons discussed…fees against Broward County pursuant to section 119.12, Florida Statutes (2016). The trial court denied…Statutes (2016). This appeal follows. Section 119.12, Florida Statutes (2016), allows for an award of…Florida’s public records laws. By its terms, section 119.12 only allows for fees “if the court determines that…appeal. As an award of attorney’s fees under section 119.12 is predicated on a finding that the public agency

Managed Care of North America, Inc. v. Florida Healthy Kids Corporation and Delta Dental Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-20T00:53:00-07:00

Snippet: Presumably, the trial court relied upon section 119.12, Florida Statutes, as a basis for the award. However… order 5 FHKC further asserts that section 119.12, Florida Statutes, does not apply as a basis for

Margo Dettelbach v. Department of Business and Professional Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-09T23:53:00-08:00

Snippet: to any other remedy ordered by the court.”); § 119.12. Fla. Stat. (2015) (“If a civil action is filed

MARTIN E. O'BOYLE and ASSET ENHANCEMENT, INC. v. TOWN OF GULF STREAM

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-24T00:00:00-07:00

Citation: 257 So. 3d 1036

Snippet: reasonable costs of enforcement pursuant to section 119.12.” Id. The matter was reversed and remanded for

STATE ATTORNEY'S OFFICE OF THE 17TH JUDICIAL CIRCUIT v. CABLE NEWS NETWORK, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-08T00:53:00-07:00

Snippet: the meaning of section 119.12(1)(a), Florida Statutes (2018). Section 119.12 provides: (1) If…therefore be “unlawful” within the meaning of section 119.12(1)(a). Only a “court of competent jurisdiction”

State Attorney's Office of the Seventeenth Judicial Circuit v. Cable News Network, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-08T00:00:00-07:00

Citation: 254 So. 3d 461

Snippet: the meaning of section 119.12(1)(a), Florida Statutes (2018). Section 119.12 provides: *463(1) If a civil…quot;unlawful" within the meaning of section 119.12(1)(a). Only a "court of competent jurisdiction

Jeffrey A. Siegmeister, State Attorney for the Third Judicial Circuit of Florida v. L. J. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-19T23:53:00-08:00

Snippet: . Johnson his attorneys’ fees and costs under § 119.12, Florida Statutes, including a 1.5 fee multiplier…the records under Florida’s Public Records Act. § 119.12, Fla. Stat. (2010); Althouse v. Palm Beach Cty.…faith.” § 119.07(1)(c), Fla. Stat. (2010). Section 119.12, Florida Statutes (2010), provides for reasonable…in and of itself create liability under section 119.12.” Consumer Rights, LLC v. Union Cty, Fla., 159

Cookston v. Office of the Public Defender

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-15T00:00:00-07:00

Citation: 204 So. 3d 480, 2016 Fla. App. LEXIS 10858

Snippet: section 119.12, *483 Florida Statutes (1999). Id. at 859-60. Section 119.12 provides…envelopes, and copying costs pursuant to section 119.12, Florida Statutes (2015). The trial court found…reasonable costs of enforcément pursuant to section 119.12. Accordingly, we reverse and remand for the trial…costs of enforcing his rights pursuant to section 119.12. 1 The trial court denied his motion…award ... the reasonable costs of enforcement § 119.12, Fla. Stat. (2015). The Mazer court

Yasir v. Forman

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-13T00:00:00-07:00

Citation: 199 So. 3d 1037, 2016 Fla. App. LEXIS 10776, 2016 WL 3745485

Snippet: postage, envelope, and copying costs under section 119.12, Florida Statutes. Id. (citing Weeks v. Golden,

Schweickert v. Citrus County Florida Board

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-17T00:00:00-07:00

Citation: 193 So. 3d 1075, 2016 Fla. App. LEXIS 9381, 2016 WL 3353692

Snippet: ” under section 119.12, Florida Statutes (1999). Id. at 859. Section 119.12 provides that, …attorneys’ fees.” § 119.12, Fla. Stat. (2014). “The purpose underlying [section 119.12] is to encourage …plaintiff was] entitled to fees pursuant to section 119.12, Florida Statutes.” Id.; see also Puls v.…access to the records within the meaning of section 119.12(1), Florida Statutes (1995).”). We agree that Appellant…Appellant’s attorney’s fees and costs under section 119.12. In essence, the Board urges that we adopt a “wait

Citizens Awareness Foundation, Inc. v. Wantman Group, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-25T00:00:00-07:00

Citation: 195 So. 3d 396, 2016 Fla. App. LEXIS 7970, 2016 WL 3002334

Snippet: attorney’s fees and costs, pursuant to section 119.12, Florida Statutes (2014). Wantman answered…enforcement including reasonable attorneys’ fees. § 119.12, Fla. Stat. (emphasis added). “The statutory purpose…quoting § 119.01(1), Fla. Stat. (2002)). Section 119.12 provides for attorney’s fees if the court determines….2d at 764. “Unlawful refusal under section 119.12- includes not only affirmative refusal to produce