Florida Statute 119.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 119
PUBLIC RECORDS

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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

Heather Morris v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 2024-12-18

Snippet: entitled to attorney’s fees pursuant to section 119.12(1) of the Florida Statutes, but the City did not

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

Court: District Court of Appeal of Florida | Date Filed: 2024-10-02

Snippet: of attorney’s fees and costs pursuant to section 119.12, Florida Statutes. On the parties’ competing motions

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

Court: District Court of Appeal of Florida | Date Filed: 2024-06-14

Snippet: for attorney’s fees and costs pursuant to section 119.12(1), Florida Statutes (2021). The HCFA responded

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

Court: District Court of Appeal of Florida | Date Filed: 2024-01-17

Snippet: motivated by an "improper purpose." See § 119.12(3), Fla. Stat. (2021) (providing an award of attorneys'

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

Court: District Court of Appeal of Florida | Date Filed: 2023-11-15

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: District Court of Appeal of Florida | Date Filed: 2023-04-05

Snippet: for entitlement to attorney’s fees under section 119.12(1)(b), Florida Statutes (2019); and (2) erred in

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

Court: District Court of Appeal of Florida | Date Filed: 2023-02-15

Snippet: inspected . . . .” § 119.12(1)(a), Fla. Stat. (2021). “Unlawful refusal under section 119.12 includes not

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

Court: District Court of Appeal of Florida | Date Filed: 2022-06-01

Snippet: 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: District Court of Appeal of Florida | Date Filed: 2022-06-01

Snippet: permit a public record to be inspected or copied.” § 119.12(1)(a), Fla. Stat. (2018). The issue presented

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

Court: District Court of Appeal of Florida | Date Filed: 2021-12-01

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: District Court of Appeal of Florida | Date Filed: 2020-07-29

Snippet: denying its motion for attorney’s fees under section 119.12, Florida Statutes (2016). For the reasons discussed

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

Court: District Court of Appeal of Florida | Date Filed: 2019-03-20

Citation: 268 So. 3d 856

Snippet: Presumably, the trial court relied upon section 119.12, Florida Statutes, as a basis for the award. However

Margo Dettelbach v. Department of Business and Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 2018-12-10

Citation: 261 So. 3d 676

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: District Court of Appeal of Florida | Date Filed: 2018-10-24

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 Seventeenth Judicial Circuit v. Cable News Network, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2018-08-08

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-08-08

Snippet: the meaning of section 119.12(1)(a), Florida Statutes (2018). Section 119.12 provides: (1) If

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

Court: District Court of Appeal of Florida | Date Filed: 2018-02-20

Citation: 240 So. 3d 70

Snippet: Johnson his attorneys’ fees and costs under § 119.12, Florida Statutes, including a 1.5 fee multiplier

Cookston v. Office of the Public Defender

Court: District Court of Appeal of Florida | Date Filed: 2016-07-15

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

Snippet: envelopes, and copying costs pursuant to section 119.12, Florida Statutes (2015). The trial court found

Yasir v. Forman

Court: District Court of Appeal of Florida | Date Filed: 2016-07-13

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: District Court of Appeal of Florida | Date Filed: 2016-06-17

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

Snippet: fees” under section 119.12, Florida Statutes (1999). Id. at 859. Section 119.12 provides that,