The 2023 Florida Statutes (including Special Session C)
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. . . ) (holding that administrative law judge lacked jurisdiction to award attorney's fees under section 120.595 . . .
. . . mootness of the Proposed Rule, in particular, the challengers' right to attorney's fees under section 120.595 . . . a license disciplinary action, finding that the possibility of attorney's fees pursuant to section 120.595 . . . Fees here are sought under section 120.595(2) , which requires that "a judgment or order shall be rendered . . . We find this distinction to be relevant here, so that the request for fees under section 120.595(2) allows . . .
. . . Respondent filed a motion requesting attorneys’ fees under the administrative fee-shifting statute, section 120.595 . . . Respondent then amended its request for attorneys’ fees, conceding it could not prevail under section 120.595 . . . administrative law judge lacked jurisdiction to reopen case to impose attorneys’ fees under section 120.595 . . .
. . . case, the Department did not meet the definition of “nonprevailing adverse party” set out in section 120.595 . . . Johnson sought an award of attorney’s "fees under sections 120.595 and 120.569, Florida'Statutes. . . . Because hearing officers are not authorized to rule on a request for fees under section 120.595, the . . . Johnson proceeded on his request for attorney’s fees before the- ALJ solely based on section 120.595( . . . Section 120.595(6) reiterates that section 120.595 does not affect the availability of attorney’s fees . . .
. . . That administrative order awarded $50,000.00 in attorneys’ fees pursuant to section 120.595(2), Florida . . .
. . . 120.57(l)(e), the ALJ determined Amerisure was entitled to recover fees and costs pursuant to section 120.595 . . .
. . . Section 120.595(4)(a), Florida Statutes, requires that “[i]f the appellate court or administrative law . . .
. . . Viering filed pursuant to section 120.595(5), Florida Statutes (2012), seeking attorney’s fees, and remanded . . . Under section 120.595(5), Ms. Viering filed a motion for attorney’s fees. . . . The second sentence of section 120.595(5), provides: Upon review of agency action that precipitates an . . . The Legislature enacted section 120.595(5) in 1996. See ch. 96-159, § 25, at 197, Laws of Fla. . . . Because section 120.595(5) amends section 760.35(3)(c) pro tanto, and because the notice requirement . . .
. . . jurisdiction to adjudicate Appellant’s motion for attorney’s fees and costs filed pursuant to section 120.595 . . . .2d 1257, 1263 (Fla. 5th DCA 2004) (holding that an ALJ has jurisdiction to award fees under section 120.595 . . . See § 120.595(l)(b), Fla. . . .
. . . Judge (“ALJ”) that denied his motion for attorney’s fees, based on the ALJ’s interpretation of section 120.595 . . . Because the ALJ erred in interpreting section 120.595(4), we reverse and remand for further proceedings . . . (4)(a) and 120.595(4)(b), Florida Statutes (2009), provided that he was entitled to attorney’s fees. . . . Section 120.595(4), Florida Statutes (2009), which authorizes an award of reasonable attorney’s fees . . . See id.; § 120.595(4)(b), Fla. Stat. (2009). . . .
. . . this case is not close to providing a basis to impose sanctions under section 57.105(1) or section 120.595 . . . Section 120.595(5), Florida Statutes (2009), provides, in pertinent part, that "[w]hen there is an appeal . . . Thus, the standard under section 120.595(5) imposes a greater burden than the standard under section . . .
. . . deliberation, we feel constrained to grant Appellant’s motion for attorney’s fees and costs under section 120.595 . . . Regulation, Div. of Pari-Mutuel Wagering, 53 So.3d 1158, 1162 n. 4 (Fla. 1st DCA 2011) (awarding section 120.595 . . . Bd. of Prof'l Eng’rs, 946 So.2d 48, 49 (Fla. 1st DCA 2006) (awarding section 120.595(5) fees where the . . .
. . . administrative law that, by separate order, we have granted Appellant’s motion for attorney's fees under section 120.595 . . .
. . . own motion, should not impose appellate attorney’s fees against him pursuant to sections 57.105 and 120.595 . . .
. . . Stokes’ motion for attorney’s fees and costs pursuant to section 120.595(5), Florida Statutes (2005), . . .
. . . Section 120.595(5), Florida Statutes (2005), provides that when there is an appeal, the court may award . . . failure to ministerially rule on the petition cannot be “a gross abuse of discretion” under section 120.595 . . . constituted a gross abuse justifying an award of attorney’s fees to petitioner pursuant to section 120.595 . . .
. . . on the merits for the sole purpose of determining his right to attorney’s fees pursuant to section 120.595 . . .
. . . purpose of determining appellant’s right to prevailing-party appellate attorney’s fees under section 120.595 . . .
. . . of an administrative law judge to consider French’s request for attorney’s fees pursuant to section 120.595 . . . While we conclude that the plain language of section 120.595 does not authorize a hearing officer to . . . We recognize that our remand to an administrative law judge to consider fees under section 120.595(l) . . . Attorney’s Fees in this Appeal French requests appellate attorney’s fees pursuant to section 120.595( . . . (l)(c) or section 120.595(5). . . .
. . . Winters contends that the ALJ’s fee award was correct under the provisions of section 120.595(5), Florida . . . We reject Winters’ argument that section 120.595(5) requires that there be no reduction in the award . . . Nothing in the text of section 120.595(5) supports applying the fee provisions in the punitive manner . . . A Rowe analysis is applicable under section 120.595(5) because the statute specifically provides for . . .
. . . Pursuant to section 120.595(5), we grant her motion for attorney’s fees in the amount of $7,500, as requested . . . Section 120.595(5): (5) Appeals. — When there is an appeal, the court in its discretion may award reasonable . . .
. . . We also grant appellant’s motion for attorney’s fees filed under section 120.595(5), Florida Statutes . . . seriously consider, and ultimately grant, RPBL’s motion for appellate attorney’s fees filed under section 120.595 . . . where “the agency action which precipitated the appeal was a gross abuse of the agency’s discretion.” § 120.595 . . .
. . . attorney’s fees and costs against Consultech, finding ISF entitled to fees and costs under section 120.595 . . . Finally, ISF has petitioned for an award of appellate attorney’s fees and costs pursuant to section 120.595 . . .
. . . issues we must resolve are: 1) whether an ALJ has jurisdiction to award attorney’s fees under section 120.595 . . . In the order, the ALJ held that pursuant to section 120.595, a full evidentiary hearing on the merits . . . This conclusion is premised on the provisions of sections 120.595(l)(b) and (c), Florida Statutes (2000 . . . Reading the provisions of sections 120.595 and 120.57 together, the ALJ came to the conclusion that a . . . While it agrees that sections 120.57(1) and 120.595(l)(b) should be considered together, GEL contends . . .
. . . See § 120.595(4), Fla. Stat. (2001). . . . Section 120.595(4)(a) provides, “[U]pon entry of a final order that all or part of an agency statement . . . HHCI argues that the language of section 120.595(4) does not foreclose an award of fees for related proceedings . . . Here, although section 120.595(4) does not specifically foreclose recovery of all legal fees incurred . . . statutory subsection in question governs “CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION 120.56(4).” § 120.595 . . .
. . . proceeding and the consequences of an award of attorney’s fees and costs to the petitioner under section 120.595 . . .
. . . See § 120.595(5), Fla. Stat. (2000). . . .
. . . proceeding and the consequences of an award of attorney’s fees and costs to the petitioner under section 120.595 . . . agency action and the challenger is entitled to reasonable costs and attorney’s fees under section 120.595 . . . Dep’t. of Ins., 707 So.2d 929 (Fla. 1st DCA 1998)(holding that section 120.595(4) requires awarding fees . . .
. . . Department to pay attorney fees and costs to D.H. as a sanction, pursuant to sections 120.569(2)(c) and 120.595 . . .
. . . Thereafter, the ALJ awarded appellees attorney’s fees and costs pursuant to section 120.595(2), Florida . . . review orders of Administrative Law Judges finally disposing of claims for fees and costs under section 120.595 . . . not subject to judicial review pursuant to section 120.68(1), Florida Statutes (2000) because section 120.595 . . . rule pursuant to section 120.56(2) is a necessary precondition to seeking such an award under section 120.595 . . .
. . . We affirm the order denying attorney’s fees because such an award is not authorized under section 120.595 . . . By its terms, section 120.595(2) authorizes an award of attorney’s fees in a rule challenge under section . . .
. . . including the travel expenses of appellee’s attorney and corporate representative) pursuant to section 120.595 . . .
. . . THE APPEAL Section 120.595(2), Florida Statutes (1999), provides: Challenges to proposed agency rules . . . Section 120.595(2) empowers an administrative law judge, after the invalidation of a proposed rule, to . . . Nothing in section 120.595(2) authorizes the award of attorneys’ fees to non-attorneys. . . .
. . . that the invalidated rule amendment was proposed before October 1, 1996, the date on which section 120.595 . . . Department of Ins., 707 So.2d 929 (Fla. 1st DCA 1998) (holding that section 120.595(4), Florida Statutes . . . proposed rule amendment falls, moreover, within the “special circumstances” contemplated by section 120.595 . . . continued to exist after October 1, 1996, Judge Ruff applied the attorney’s fee provision in section 120.595 . . . See § 120.595(2), Florida Statutes (Supp.1996). . . . The subsequent order assessing attorney’s fees against the Department under section 120.595(2), Florida . . . 120.56, Florida Statutes (Supp.1996), and the subsequent order assessing attorney’s fees under section 120.595 . . .
. . . purpose of determining appellant’s right to prevailing-party appellate attorney’s fees under section 120.595 . . . this court were to reverse the agency’s final order, her entitlement to attorney’s fees under section 120.595 . . . Instead, Lund hopes to obtain a “collateral legal benefit” that would arise under section 120.595(5) . . . Section 120.595(5) authorizes an award to the prevailing party only if the court also determines that . . . Section 120.595(5) provides: APPEALS.' — When there is an appeal, the court in its discretion may award . . .
. . . The correct statutory reference for such fees, at least at this point in time, is section 120.595(5), . . .
. . . succeeded in this regard, Security Mutual was entitled to an award of attorney’s fees under section 120.595 . . . entitled to payment of an award or reimbursement for payment of an award under any provision of law. § 120.595 . . .
. . . Appellee HCR seeks appellate attorney’s fees on the basis of section 120.595(5), Florida Statutes (Supp . . . Section 120.595 provides: When there is an appeal, the court, in its discretion may award reasonable . . . frivolous and meritless, we grant the motion for appellate attorney’s fees and costs pursuant to section 120.595 . . .
. . . circumstances encompass fees and costs “for the administrative proceeding and the appellate proceeding,” § 120.595 . . . The same language now appears in section 120.595(5), Florida Statutes (Supp.1996). . . .