Florida Statutes
Fla. Stat. § 119.12 (2025)
Attorney fees.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 95
cases (17 in the last 5 years), 1980–2026 · leading case: Bd. of Trs., Jacksonville Police & Fire Pension Fund, etc. v. Curtis W. Lee, 189 So. 3d 120 (Fla. 2016).
Bd. of Trs., Jacksonville Police & Fire Pension Fund, etc. v. Curtis W. Lee, 189 So. 3d 120 (Fla. 2016). “§ 119.12, Fla. Stat. (2009). This is an issue of statutory interpretation, which this Court reviews de novo.”
Mazer v. Orange Cnty., 811 So. 2d 857 (Fla. 5th DCA 2002). “He asked that Orange County be ordered to provide the Code and further sought attorney's fees for bringing the petition, citing section 119.12, Florida Statutes (1999). The trial court ordered Orange County to respond within twenty days, but subsequently granted Orange County's…”
Denise DeMartini v. Town of Gulf Stream, 942 F.3d 1277 (11th Cir. 2019). “In that regard, Florida’s Public Records Act, Fla. Stat. § 119.12 , contains an attorney’s fees provision that potentially applied when CAFI filed its lawsuits against the Town to enforce the production of public records.”
Off. of State Attorney v. Gonzalez, 953 So. 2d 759 (Fla. 2d DCA 2007). “The Office of the State Attorney for the Thirteenth Judicial Circuit of Florida appeals a final judgment ordering it to pay Wesley Gonzalez attorney's fees and costs pursuant to section 119.12, Florida Statutes (2002), which is part of Florida's Public Records Law.”
New York Times Co. v. Phh M. Health Servs., 616 So. 2d 27 (Fla. 1993). “In Sun-Sentinel, the Fourth District Court of Appeal found that a fire-rescue department's good faith but mistaken belief that the documents requested were exempt from disclosure still constituted unlawful refusal under section 119.12. 517 So.2d at 744 . "It is the policy of…”
Schweickert v. Citrus Cnty. Florida Bd., 193 So. 3d 1075 (Fla. 5th DCA 2016). “” § 119.12, Fla. Stat. (2014). “The purpose underlying [section 119.”
Florida Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). “1984) (pollution damage actions); § 119.12, Fla. Stat. (Supp. 1984) (Public Records Act enforcement); § 440.”
Downs v. Austin, 559 So. 2d 246 (Fla. 1st DCA 1990). “Ernest Charles Downs has appealed an order of the trial court denying his motion for attorney’s fees pursuant to Section 119.12, Florida Statutes (1985), the Public Records Act.”
Barfield v. Town of Eatonville, 675 So. 2d 223 (Fla. 5th DCA 1996). “Section 119.12(1), Florida Statutes provides: If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected, examined, or copied, the court shall…”
Jackson-Shaw Co. v. Jacksonville Aviation Auth., 510 F. Supp. 2d 691 (M.D. Fla. 2007). “Fla. Stat. § 119.12 (2006). “If public agencies are required to pay attorney’s fees and costs to parties who are wrongfully denied access to the records of such agencies, then the agencies are less likely to deny proper requests for documents.”
Weeks v. Golden, 846 So. 2d 1247 (Fla. 1st DCA 2003). “We again reversed, making clear that appellant was entitled to his reasonable costs of enforcement, pursuant to section 119.12(1), Florida Statutes (1997) (a part of the Florida Public Records Act).”
Citizens Awareness Found., Inc. v. Wantman Grp., Inc., 195 So. 3d 396 (Fla. 4th DCA 2016). “§ 119.12, Fla. Stat. (emphasis added). “The statutory purpose is to encourage voluntary compliance with Florida’s public records -law, which gives effect to the state’s policy ‘that all state, county, and municipal records shall be open for personal, inspection by any person.”
— 119.12(1) — 44 cases
Mazer v. Orange Cnty., 811 So. 2d 857 (Fla. 5th DCA 2002). “He asked that Orange County be ordered to provide the Code and further sought attorney's fees for bringing the petition, citing section 119.12, Florida Statutes (1999). The trial court ordered Orange County to respond within twenty days, but subsequently granted Orange County's…”
Bd. of Trs., Jacksonville Police & Fire Pension Fund, etc. v. Curtis W. Lee, 189 So. 3d 120 (Fla. 2016). “§ 119.12, Fla. Stat. (2009). This is an issue of statutory interpretation, which this Court reviews de novo.”
New York Times Co. v. Phh M. Health Servs., 616 So. 2d 27 (Fla. 1993). “In Sun-Sentinel, the Fourth District Court of Appeal found that a fire-rescue department's good faith but mistaken belief that the documents requested were exempt from disclosure still constituted unlawful refusal under section 119.12. 517 So.2d at 744 . "It is the policy of…”
Barfield v. Town of Eatonville, 675 So. 2d 223 (Fla. 5th DCA 1996). “Section 119.12(1), Florida Statutes provides: If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected, examined, or copied, the court shall…”
Weeks v. Golden, 846 So. 2d 1247 (Fla. 1st DCA 2003). “We again reversed, making clear that appellant was entitled to his reasonable costs of enforcement, pursuant to section 119.12(1), Florida Statutes (1997) (a part of the Florida Public Records Act).”
— 119.12(1)(a) — 6 cases
State Attorney's Off. of the Seventeenth Jud. Circuit v. Cable News Network, Inc., 254 So. 3d 461 (Fla. 4th DCA 2018).
Michael E. Jackson v. City of South Bay, Florida (Fla. 4th DCA 2023).
Michael Roldan v. City of Hallandale Beach (Fla. 4th DCA 2023).
State Attorney's Off. of the 17th Jud. Circuit v. Cable News Network, Inc. (Fla. 4th DCA 2018).
Martin E. O'boyle v. Town of Gulf Stream (Fla. 4th DCA 2022).
— 119.12(1)(b) — 2 cases
Michael Roldan v. City of Hallandale Beach (Fla. 4th DCA 2023).
Grant Stern v. Florida Governor Ron DeSantis & the Exec. Off. of the (Fla. 1st DCA 2023).
— 119.12(2) — 4 cases
Off. of State Attorney v. Gonzalez, 953 So. 2d 759 (Fla. 2d DCA 2007). “The Office of the State Attorney for the Thirteenth Judicial Circuit of Florida appeals a final judgment ordering it to pay Wesley Gonzalez attorney's fees and costs pursuant to section 119.12, Florida Statutes (2002), which is part of Florida's Public Records Law.”
R.J. Reynolds Tobacco Co. v. Hall, 67 So. 3d 1084 (Fla. 1st DCA 2011).
Downs v. Austin, 559 So. 2d 246 (Fla. 1st DCA 1990). “Ernest Charles Downs has appealed an order of the trial court denying his motion for attorney’s fees pursuant to Section 119.12, Florida Statutes (1985), the Public Records Act.”
Michael Roldan v. City of Hallandale Beach (Fla. 4th DCA 2023).
— 119.12(3) — 2 cases
Ben Vitale v. Palmetto Charter Sch., Inc., & Evan R. Guido (Fla. 2d DCA 2024).
Bear v. Underhill (N.D. Fla. 2024).
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