Florida Statute 120.595 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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F.S. 120.595

120.595 Attorney’s fees.—

(1) CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION 120.57(1).—

(a) The provisions of this subsection are supplemental to, and do not abrogate, other provisions allowing the award of fees or costs in administrative proceedings.

(b) The final order in a proceeding pursuant to s. 120.57(1) shall award reasonable costs and a reasonable attorney’s fee to the prevailing party only where the nonprevailing adverse party has been determined by the administrative law judge to have participated in the proceeding for an improper purpose.

(c) In proceedings pursuant to s. 120.57(1), and upon motion, the administrative law judge shall determine whether any party participated in the proceeding for an improper purpose as defined by this subsection. In making such determination, the administrative law judge shall consider whether the nonprevailing adverse party has participated in two or more other such proceedings involving the same prevailing party and the same project as an adverse party and in which such two or more proceedings the nonprevailing adverse party did not establish either the factual or legal merits of its position, and shall consider whether the factual or legal position asserted in the instant proceeding would have been cognizable in the previous proceedings. In such event, it shall be rebuttably presumed that the nonprevailing adverse party participated in the pending proceeding for an improper purpose.

(d) In any proceeding in which the administrative law judge determines that a party participated in the proceeding for an improper purpose, the recommended order shall so designate and shall determine the award of costs and attorney’s fees.

(e) For the purpose of this subsection:

1. “Improper purpose” means participation in a proceeding pursuant to s. 120.57(1) primarily to harass or to cause unnecessary delay or for frivolous purpose or to needlessly increase the cost of litigation, licensing, or securing the approval of an activity.

2. “Costs” has the same meaning as the costs allowed in civil actions in this state as provided in chapter 57.

3. “Nonprevailing adverse party” means a party that has failed to have substantially changed the outcome of the proposed or final agency action which is the subject of a proceeding. In the event that a proceeding results in any substantial modification or condition intended to resolve the matters raised in a party’s petition, it shall be determined that the party having raised the issue addressed is not a nonprevailing adverse party. The recommended order shall state whether the change is substantial for purposes of this subsection. In no event shall the term “nonprevailing party” or “prevailing party” be deemed to include any party that has intervened in a previously existing proceeding to support the position of an agency.

(2) CHALLENGES TO PROPOSED AGENCY RULES PURSUANT TO SECTION 120.56(2).—If the appellate court or administrative law judge declares a proposed rule or portion of a proposed rule invalid pursuant to s. 120.56(2), a judgment or order shall be rendered against the agency for reasonable costs and reasonable attorney’s fees, unless the agency demonstrates that its actions were substantially justified or special circumstances exist which would make the award unjust. An agency’s actions are “substantially justified” if there was a reasonable basis in law and fact at the time the actions were taken by the agency. If the agency prevails in the proceedings, the appellate court or administrative law judge shall award reasonable costs and reasonable attorney’s fees against a party if the appellate court or administrative law judge determines that a party participated in the proceedings for an improper purpose as defined by paragraph (1)(e). No award of attorney’s fees as provided by this subsection shall exceed $50,000.

(3) CHALLENGES TO EXISTING AGENCY RULES PURSUANT TO SECTION 120.56(3) AND (5).—If the appellate court or administrative law judge declares a rule or portion of a rule invalid pursuant to s. 120.56(3) or (5), a judgment or order shall be rendered against the agency for reasonable costs and reasonable attorney’s fees, unless the agency demonstrates that its actions were substantially justified or special circumstances exist which would make the award unjust. An agency’s actions are “substantially justified” if there was a reasonable basis in law and fact at the time the actions were taken by the agency. If the agency prevails in the proceedings, the appellate court or administrative law judge shall award reasonable costs and reasonable attorney’s fees against a party if the appellate court or administrative law judge determines that a party participated in the proceedings for an improper purpose as defined by paragraph (1)(e). No award of attorney’s fees as provided by this subsection shall exceed $50,000.

(4) CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION 120.56(4).—

(a) If the appellate court or administrative law judge determines that all or part of an agency statement violates s. 120.54(1)(a), or that the agency must immediately discontinue reliance on the statement and any substantially similar statement pursuant to s. 120.56(4)(f), a judgment or order shall be entered against the agency for reasonable costs and reasonable attorney’s fees, unless the agency demonstrates that the statement is required by the Federal Government to implement or retain a delegated or approved program or to meet a condition to receipt of federal funds.

(b) Upon notification to the administrative law judge provided before the final hearing that the agency has published a notice of rulemaking under s. 120.54(3)(a), such notice shall automatically operate as a stay of proceedings pending rulemaking. The administrative law judge may vacate the stay for good cause shown. A stay of proceedings under this paragraph remains in effect so long as the agency is proceeding expeditiously and in good faith to adopt the statement as a rule. The administrative law judge shall award reasonable costs and reasonable attorney’s fees accrued by the petitioner prior to the date the notice was published, unless the agency proves to the administrative law judge that it did not know and should not have known that the statement was an unadopted rule. Attorneys’ fees and costs under this paragraph and paragraph (a) shall be awarded only upon a finding that the agency received notice that the statement may constitute an unadopted rule at least 30 days before a petition under s. 120.56(4) was filed and that the agency failed to publish the required notice of rulemaking pursuant to s. 120.54(3) that addresses the statement within that 30-day period. Notice to the agency may be satisfied by its receipt of a copy of the s. 120.56(4) petition, a notice or other paper containing substantially the same information, or a petition filed pursuant to s. 120.54(7). An award of attorney’s fees as provided by this paragraph may not exceed $50,000.

(c) Notwithstanding the provisions of chapter 284, an award shall be paid from the budget entity of the secretary, executive director, or equivalent administrative officer of the agency, and the agency shall not be entitled to payment of an award or reimbursement for payment of an award under any provision of law.

(d) If the agency prevails in the proceedings, the appellate court or administrative law judge shall award reasonable costs and attorney’s fees against a party if the appellate court or administrative law judge determines that the party participated in the proceedings for an improper purpose as defined in paragraph (1)(e) or that the party or the party’s attorney knew or should have known that a claim was not supported by the material facts necessary to establish the claim or would not be supported by the application of then-existing law to those material facts.

(5) APPEALS.—When there is an appeal, the court in its discretion may award reasonable attorney’s fees and reasonable costs to the prevailing party if the court finds that the appeal was frivolous, meritless, or an abuse of the appellate process, or that the agency action which precipitated the appeal was a gross abuse of the agency’s discretion. Upon review of agency action that precipitates an appeal, if the court finds that the agency improperly rejected or modified findings of fact in a recommended order, the court shall award reasonable attorney’s fees and reasonable costs to a prevailing appellant for the administrative proceeding and the appellate proceeding.

(6) OTHER SECTIONS NOT AFFECTED.—Other provisions, including ss. 57.105 and 57.111, authorize the award of attorney’s fees and costs in administrative proceedings. Nothing in this section shall affect the availability of attorney’s fees and costs as provided in those sections.

History.—s. 25, ch. 96-159; s. 11, ch. 97-176; s. 48, ch. 99-2; s. 6, ch. 2003-94; s. 13, ch. 2008-104; s. 3, ch. 2017-3.

F.S. 120.595 on Google Scholar

F.S. 120.595 on CourtListener

Amendments to 120.595

Annotations, Discussions, Cases:

Cases Citing Statute 120.595

Total Results: 48

Lund v. Department of Health

708 So. 2d 645, 1998 WL 148711

District Court of Appeal of Florida | Filed: Apr 2, 1998 | Docket: 1528225

Cited 10 times | Published

prevailing-party appellate attorney's fees under section 120.595(5), Florida Statutes (Supp.1996).[1] This is

Procacci Commercial Realty v. DHRS

690 So. 2d 603

District Court of Appeal of Florida | Filed: Jan 22, 1997 | Docket: 436408

Cited 7 times | Published

administrative proceeding and the appellate proceeding," § 120.595(5), Fla.Stat. (Supp.1996), see Titzel v. Department

GEL Corp. v. Dept. of Environmental Protection

875 So. 2d 1257, 2004 Fla. App. LEXIS 7940, 2004 WL 1224331

District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 1283998

Cited 6 times | Published

jurisdiction to award attorney's fees under section 120.595, Florida Statutes (2000), when a notice of

J.S. v. C.M.

135 So. 3d 312, 2012 WL 4800987, 2012 Fla. App. LEXIS 17433

District Court of Appeal of Florida | Filed: Oct 10, 2012 | Docket: 60239553

Cited 4 times | Published

fees, based on the ALJ’s interpretation of section 120.595(4), Florida Statutes (2009). Because the ALJ

Martin County Conservation Alliance v. Martin County

73 So. 3d 856, 2011 Fla. App. LEXIS 17513, 2011 WL 5299370

District Court of Appeal of Florida | Filed: Nov 4, 2011 | Docket: 60303495

Cited 3 times | Published

impose sanctions under section 57.105(1) or section 120.595(5).2 The record reflects that there are material

Board of Regents v. Winters

918 So. 2d 313, 2005 WL 2172236

District Court of Appeal of Florida | Filed: Sep 9, 2005 | Docket: 1715226

Cited 3 times | Published

award was correct under the provisions of section 120.595(5), Florida Statutes (2002), which require

Residential Plaza at Blue Lagoon, Inc. v. Agency for Health Care Admin.

891 So. 2d 604, 2005 Fla. App. LEXIS 509, 2005 WL 124161

District Court of Appeal of Florida | Filed: Jan 24, 2005 | Docket: 1704315

Cited 2 times | Published

appellant's motion for attorney's fees filed under section 120.595(5), Florida Statutes (2002). Appellant Residential

Agency for Health Care Admin. v. HHCI LTD.

865 So. 2d 593, 2004 WL 57222

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 1231308

Cited 2 times | Published

administrative agency's non-rule policy. See § 120.595(4), Fla. Stat. (2001). The administrative law

Environmental Trust v. State

714 So. 2d 493

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 200928

Cited 2 times | Published

Ruff applied the attorney's fee provision in section 120.595(2), Florida Statutes (Supp.1996). Ultimately

SECURITY MUT. LIFE INS. v. Dept. of Ins.

707 So. 2d 929

District Court of Appeal of Florida | Filed: Mar 13, 1998 | Docket: 1676135

Cited 2 times | Published

entitled to an award of attorney's fees under section 120.595(4), Florida Statutes (1997). Insofar as the

JFK Medical Center Limited etc. v. Shands Jacksonville Medical Center etc.

259 So. 3d 247

District Court of Appeal of Florida | Filed: Nov 13, 2018 | Docket: 8168697

Cited 1 times | Published

challengers’ right to attorney’s fees under section 120.595(2), Florida Statutes. This possible right to

Amerisure Mutual Insurance Co. v. Florida Department of Financial Services, Division of Workers' Compensation

156 So. 3d 520, 2015 WL 46515

District Court of Appeal of Florida | Filed: Jan 1, 2015 | Docket: 2620437

Cited 1 times | Published

entitled to recover fees and costs pursuant to section 120.595(4)(a), Florida Statutes. The ALJ determined

Town of Davie v. Santana

98 So. 3d 262, 2012 WL 4840705

District Court of Appeal of Florida | Filed: Oct 12, 2012 | Docket: 60312272

Cited 1 times | Published

attorney’s fees and costs filed pursuant to section 120.595(1), Florida Statutes, after he closed the cases

Pro Tech Monitoring, Inc. v. State, Department of Corrections

72 So. 3d 277, 2011 Fla. App. LEXIS 16268, 2011 WL 4905747

District Court of Appeal of Florida | Filed: Oct 17, 2011 | Docket: 60303238

Cited 1 times | Published

motion for attorney’s fees and costs under section 120.595(5), Florida Statutes (2010), and do so *282under

Ft. Myers Real Estate Holdings, LLC v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

53 So. 3d 1158, 2011 Fla. App. LEXIS 1428, 2011 WL 362416

District Court of Appeal of Florida | Filed: Feb 7, 2011 | Docket: 60298008

Cited 1 times | Published

Appellant’s motion for attorney's fees under section 120.595(5), Florida Statutes. Accord Salam v. Bd. of

Consultech of Jacksonville, Inc. v. DOH

876 So. 2d 731, 2004 WL 1562337

District Court of Appeal of Florida | Filed: Jul 14, 2004 | Docket: 2235516

Cited 1 times | Published

finding ISF entitled to fees and costs under section 120.595(5), Florida Statutes, and remand to the ALJ

Life Care Centers of America, Inc. v. HEALTH CARE AND RETIREMENT CORP.

692 So. 2d 243, 1997 Fla. App. LEXIS 4132, 1997 WL 193835

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 2514063

Cited 1 times | Published

appellate attorney's fees on the basis of section 120.595(5), Florida Statutes (Supp.1996), and section

Christopher Pretzer v. Rick Swearingen, individually and in his official capacity, and Florida Department of Law Enforcement

District Court of Appeal of Florida | Filed: Jul 19, 2024 | Docket: 68958703

Published

circumstances exist which would make the award unjust.” § 120.595(2), Fla. Stat. But the Legislature imposed no

STATE OF FLORIDA v. ANDREW SCOTT CROSE

District Court of Appeal of Florida | Filed: Jan 26, 2024 | Docket: 68195892

Published

Statutes (2002), as clarifying the intent of section 120.595(1), which was enacted in 1996), and Burgos

MARSH USA, INC. v. ARTHUR J. GALLAGHER RISK MANAGMENT SERVICES, INC., etc., and THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA

District Court of Appeal of Florida | Filed: Feb 16, 2022 | Docket: 63008220

Published

possibility of an attorney’s fee award under section 120.595(5) is not a collateral legal consequence which

SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA v. FLORIDA DEPARTMENT OF HEALTH

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627025

Published

challenge. The School Board contends section 120.595(3), Florida Statutes (2021), authorizes a

Q.H. c/o AMY HILL v. SUNSHINE STATE HEALTH PLAN, INC.

District Court of Appeal of Florida | Filed: Oct 7, 2020 | Docket: 18519690

Published

attorney’s fees on four substantive grounds: (1) section 120.595(5), Florida Statutes; (2) section 57.105(5)

Q.H. c/o AMY HILL v. SUNSHINE STATE HEALTH PLAN, INC.

District Court of Appeal of Florida | Filed: Oct 7, 2020 | Docket: 18512280

Published

attorney’s fees on four substantive grounds: (1) section 120.595(5), Florida Statutes; (2) section 57.105(5)

Department Of Financial Services v. Choice Plus, Llc

263 So. 3d 304

District Court of Appeal of Florida | Filed: Feb 11, 2019 | Docket: 64702862

Published

jurisdiction to award attorney's fees under section 120.595(1), Florida Statutes, once the petition was

Department Of Financial Services v. Choice Plus, Llc

263 So. 3d 304

District Court of Appeal of Florida | Filed: Feb 11, 2019 | Docket: 64702861

Published

jurisdiction to award attorney's fees under section 120.595(1), Florida Statutes, once the petition was

Department Of Financial Services v. Choice Plus, Llc

263 So. 3d 304

District Court of Appeal of Florida | Filed: Feb 11, 2019 | Docket: 64702861

Published

jurisdiction to award attorney's fees under section 120.595(1), Florida Statutes, once the petition was

State of Florida, Department etc. v. Choice Plus, LLC

District Court of Appeal of Florida | Filed: Feb 11, 2019 | Docket: 14545174

Published

jurisdiction to award attorney’s fees under section 120.595(1), Florida Statutes, once the petition was

State of Florida, Agency For Health Care Adm. v. Planned Parenthood of Southwest etc.

207 So. 3d 1032, 2017 Fla. App. LEXIS 518

District Court of Appeal of Florida | Filed: Jan 19, 2017 | Docket: 4570153

Published

under the administrative fee-shifting statute, section 120.595(1), Florida Statutes (2016). An order to show

Randall B. Johnson v. Department of Corrections

191 So. 3d 965, 2016 Fla. App. LEXIS 7215, 2016 WL 2755849

District Court of Appeal of Florida | Filed: May 12, 2016 | Docket: 3063394

Published

the administrative law judge finding that section 120,595(1), Florida Statutes, did not 'provide' a'

G.B. v. Agency for Persons with Disabilities

180 So. 3d 183, 2015 Fla. App. LEXIS 17330, 2015 WL 7295240

District Court of Appeal of Florida | Filed: Nov 19, 2015 | Docket: 60252334

Published

$50,000.00 in attorneys’ fees pursuant to section 120.595(2), Florida Statutes, and costs in the amount

Agency For HealthCare Administration v. Bayfront Medical Center, Inc.

145 So. 3d 888, 2014 WL 3510696

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 368747

Published

belated notice of voluntarily dismissal. Section 120.595(4)(a), Florida Statutes, requires that “[i]f

Viering v. Florida Commission on Human Relations ex rel. Watson

128 So. 3d 967, 2013 WL 6865406, 2013 Fla. App. LEXIS 20732

District Court of Appeal of Florida | Filed: Dec 31, 2013 | Docket: 60237246

Published

granted the motion Ms. Viering filed pursuant to section 120.595(5), Florida Statutes (2012), seeking attorney’s

Stokes v. State

952 So. 2d 1224, 2007 WL 935035

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 1345952

Published

for attorney's fees and costs pursuant to section 120.595(5), Florida Statutes (2005), is GRANTED. WOLF

Salam v. Board of Professional Engineers

946 So. 2d 48, 2006 Fla. App. LEXIS 20864, 2006 WL 3680390

District Court of Appeal of Florida | Filed: Dec 15, 2006 | Docket: 64848506

Published

the award of attorney’s fees to petitioner. Section 120.595(5), Florida Statutes (2005), provides that

Ruck v. State, Board of Professional Engineers

956 So. 2d 469, 2006 Fla. App. LEXIS 17208, 2006 WL 2933923

District Court of Appeal of Florida | Filed: Oct 16, 2006 | Docket: 64850665

Published

determining his right to attorney’s fees pursuant to section 120.595(5), Florida Statutes. See 708 So.2d at 646-47

Walker v. Department of Children & Families

932 So. 2d 618, 2006 Fla. App. LEXIS 10937, 2006 WL 1805604

District Court of Appeal of Florida | Filed: Jul 3, 2006 | Docket: 64845620

Published

prevailing-party appellate attorney’s fees under section 120.595(5), Florida Statutes.... ”). BENTON, POLSTON

French v. Department of Children & Families

920 So. 2d 671, 2006 Fla. App. LEXIS 52, 2006 WL 26182

District Court of Appeal of Florida | Filed: Jan 6, 2006 | Docket: 64842315

Published

consider the issue of attorney’s fees under section 120.595, Florida Statutes, as that statute is currently

Steadman v. DEPARTMENT OF MANAGEMENT SERVS.

901 So. 2d 915, 2005 WL 924314

District Court of Appeal of Florida | Filed: Apr 22, 2005 | Docket: 1666404

Published

required to file this appeal. Pursuant to section 120.595(5),[5] we grant *919 her motion for attorney's

Steadman v. DEPARTMENT OF MANAGEMENT SERVS.

901 So. 2d 915, 2005 WL 924314

District Court of Appeal of Florida | Filed: Apr 22, 2005 | Docket: 1666404

Published

required to file this appeal. Pursuant to section 120.595(5),[5] we grant *919 her motion for attorney's

Jenkins v. State

855 So. 2d 1219, 2003 Fla. App. LEXIS 15280, 2003 WL 22327076

District Court of Appeal of Florida | Filed: Oct 13, 2003 | Docket: 64825716

Published

attorney’s fees and costs to the petitioner under section 120.595(4) if, prior to entry of a final order, the

Verleni v. Department of Health

853 So. 2d 481, 2003 Fla. App. LEXIS 10851, 2003 WL 21663701

District Court of Appeal of Florida | Filed: Jul 17, 2003 | Docket: 64824709

Published

and costs on this appeal must be granted. See § 120.595(5), Fla. Stat. (2000). We REVERSE the final order

Osceola Fish Farm. Ass'n, Inc. v. Div., of Admin. Hear.

830 So. 2d 932, 2002 WL 31557666

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 471423

Published

attorney's fees and costs to the petitioner under section 120.595(4) if, prior to entry of a final order, the

Board of Trustees v. Support Terminals Operating Partnership, L.P.

776 So. 2d 337, 2001 Fla. App. LEXIS 432, 2001 WL 45252

District Court of Appeal of Florida | Filed: Jan 22, 2001 | Docket: 64803237

Published

appellees attorney’s fees and costs pursuant to section 120.595(2), Florida Statutes (1999). The Trustees now

Johnson v. Department of Children & Families

771 So. 2d 601, 2000 Fla. App. LEXIS 15210, 2000 WL 1724985

District Court of Appeal of Florida | Filed: Nov 21, 2000 | Docket: 64801766

Published

because such an award is not authorized under section 120.595(2), Florida Statutes (1999), for a proceeding

State, Department of Health v. Discovery Experimental & Development, Inc.

767 So. 2d 1244, 2000 Fla. App. LEXIS 11286, 2000 WL 1232988

District Court of Appeal of Florida | Filed: Sep 1, 2000 | Docket: 64800616

Published

and corporate representative) pursuant to section 120.595(3), Florida Statutes (1997). We reverse the

State Department of Insurance v. Florida Bankers Ass'n

764 So. 2d 660, 2000 WL 628005

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1516407

Published

motion for an attorney's fee. THE APPEAL Section 120.595(2), Florida Statutes (1999), provides: *662

Florida Leisure Acquisition Corp. v. Florida Commission on Human Relations

708 So. 2d 1001, 1998 Fla. App. LEXIS 2954, 23 Fla. L. Weekly Fed. D 823

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 64780030

Published

such fees, at least at this point in time, is section 120.595(5), Florida Statutes (1997), which can be utilized

Security Mutual Life Insurance Co. of Lincoln v. Department of Insurance & State Treasurer

707 So. 2d 929, 1998 Fla. App. LEXIS 2413, 1998 WL 107291

District Court of Appeal of Florida | Filed: Mar 13, 1998 | Docket: 64779719

Published

entitled to an award of attorney’s fees under section 120.595(4), Florida Statutes (1997). Insofar as the