Florida Statute 501.2105 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 501
CONSUMER PROTECTION

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F.S. 501.2105

501.2105 Attorney’s fees.—

(1) In any civil litigation resulting from an act or practice involving a violation of this part, except as provided in subsection (5), the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, may receive his or her reasonable attorney’s fees and costs from the nonprevailing party.

(2) The attorney for the prevailing party shall submit a sworn affidavit of his or her time spent on the case and his or her costs incurred for all the motions, hearings, and appeals to the trial judge who presided over the civil case.

(3) The trial judge may award the prevailing party the sum of reasonable costs incurred in the action plus a reasonable legal fee for the hours actually spent on the case as sworn to in an affidavit.

(4) Any award of attorney’s fees or costs shall become a part of the judgment and subject to execution as the law allows.

(5) In any civil litigation initiated by the enforcing authority, the court may award to the prevailing party reasonable attorney’s fees and costs if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or if the court finds bad faith on the part of the losing party.

(6) In any administrative proceeding or other nonjudicial action initiated by an enforcing authority, the attorney for the enforcing authority may certify by sworn affidavit the number of hours and the cost thereof to the enforcing authority for the time spent in the investigation and litigation of the case plus costs reasonably incurred in the action. Payment to the enforcing authority of the sum of such costs may be made by stipulation of the parties a part of the final order or decree disposing of the matter. The affidavit shall be attached to and become a part of such order or decree.

History.—s. 1, ch. 73-124; s. 5, ch. 79-386; s. 11, ch. 93-38; s. 4, ch. 94-298; s. 632, ch. 97-103.

Note.—Former s. 501.210.

F.S. 501.2105 on Google Scholar

F.S. 501.2105 on Casetext

Amendments to 501.2105

Arrestable Offenses / Crimes under Fla. Stat. 501.2105

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 501.2105.

Annotations, Discussions, Cases:

Cases Citing Statute 501.2105

Total Results: 20

LEE COUNTY, FLORIDA v. DEAN WISH, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-08T00:00:00-08:00

Snippet: So. 3d at 368 (emphasis in original) (quoting § 501.2105(1), Fla. Stat. (2011)). There, Horowitch filed

VIRGINIA HADAD GONZALEZ v. MILLIN A. NOBREGAS

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-17T23:53:00-08:00

Snippet: statutory provision [under FDUTPA]”); see also § 501.2105(1), Fla. Stat. (“[T]he prevailing party . . .

ANATALIA SANCHEZ and SANCHEZ LAW PRACTICE, PL v. ELDORADO PLAZA WEST ASSOCIATION INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-29T23:53:00-08:00

Snippet: for appellee. PER CURIAM. Affirmed. See § 501.2105(1), Fla. Stat. (2021) (a prevailing party “may…’s fees to the prevailing party under sections 501.2105(1)-(4) of FDUTPA is discretionary with the trial

AVANT DESIGN GROUP, INC., etc. v. AQUASTAR HOLDINGS, LLC, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-12T00:53:00-07:00

Snippet: 16 and court costs as provided in s. 501.2105.” (Emphasis added.)14 Despite such “actual damages

SANDRA FORTE v. ALL COUNTY TOWING INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-23T00:53:00-07:00

Snippet: was entitled to attorney’s fees under section 501.2105(1), Florida Statutes (2020) (part of Florida’s…automatically entitled to attorney’s fees under section 501.2105(1) solely on account of its status as the prevailing…of a FDUTPA attorney’s fees award under section 501.2105(1), Florida Statutes (2020). Nonetheless, Towing… 2 attorney’s fees under section 501.2105(1) is discretionary and not mandatory. Moreover…of a FDUTPA attorney’s fees award under section 501.2105(1); and (4) several federal cases (and one Florida

H GREG AUTO POMPANO, INC. v. WILLIAM RASKIN

Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-15T23:53:00-08:00

Snippet: Unfair Trade Practices Act (“FDUTPA”) section 501.2105, Florida Statutes (2020). Persuaded of the untimeliness… See Hicks v. 1 Although under section 501.2105(1), Florida Statutes, a prevailing party may not

H GREG AUTO POMPANO, INC. v. WILLIAM RASKIN

Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-15T23:53:00-08:00

Pazmino v. Gonzalez

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-27T00:53:00-07:00

Snippet: to the FDUTPA fee-shifting provision, section 501.2105(3), citing Schick v. Department of Agriculture

Schlesinger v. Jacob

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-21T00:00:00-08:00

Citation: 240 So. 3d 75

Snippet: costs, as allowed in equitable actions.”); id. § 501.2105(1) (“In any civil litigation resulting from [a

Sanchez v. AN Luxury Imports of Pembroke Pines, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-12T00:00:00-07:00

Citation: 216 So. 3d 723, 2017 WL 1364000, 2017 Fla. App. LEXIS 5057

Snippet: party attorney’s fees pursuant to FDUTPA sections 501.2105 and 501.211. Additionally, appellant separately…initial $2,000.00 retainer” and that under sections 501.2105 and 501.976, the “amount of time actually spent… not subject'to such assessments. Section 501.2105 provides, in pertinent part: (1) In any civil …spent on the case as sworn to in an affidavit. § 501.2105, Fla. Stat, (2010). Moreover, section 501.976,…Safeco jointly and severally liable for any section 501.2105 attorney’s fees awarded against ANL because section

ICMfg & Associates, Inc. v. The Bare Board Group, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-17T00:53:00-07:00

Snippet: , its FDUTPA claim, in accordance with section 501.2105. The trial court reserved jurisdiction to determine

Kendall Imports, LLC v. Diaz

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-01T00:00:00-08:00

Citation: 215 So. 3d 95, 2017 Fla. App. LEXIS 1117

Snippet: the prevailing party to recover its fees, see § 501.2105, Fla. Stat. (2012), there is no conflict, let

Banner v. Law Office of David J. Stern, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-24T00:00:00-07:00

Citation: 198 So. 3d 1133, 2016 Fla. App. LEXIS 12810, 2016 WL 4493351

Snippet: awarded fees under section 501.2105. Defendants are •not entitled to section 501.2105 attorney’s fees because…governs fee entitlement under the FCCPA and section 501.2105 controls fee entitlement under FDUTPA. Banner …receive a net judgment in their favor Section 501.2105(1) provides: In any civil litigation resulting…judgment in the entire case.”). In construing section 501.2105(1), Hein-del has read the statute’s reference …claim, which thé court granted pursuant to section 501.2105. Id. On appeal, the first district focused on

Off Lease Only, Inc. v. LeJeune Auto Wholesale, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-24T00:00:00-08:00

Citation: 187 So. 3d 868, 2016 Fla. App. LEXIS 2679, 2016 WL 717662

Snippet: attorney’s fees and court costs as provided in s. 501.2105; however, no damages, fees, or costs shall be …attorney’s fees and court costs as provided in s. 501.2105. However, damages, fees, or costs are not recoverable

Bailey v. St. Louis

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-03T00:00:00-08:00

Citation: 196 So. 3d 375, 2016 Fla. App. LEXIS 1375

Snippet: attorney’s fees and court costs as provided in s. 501.2105.... (Emphasis added.) Based on the plain…attorney’s fees and court costs as provided in s. 501.2105.” As noted by Niles Audio Corp. v.

Shawn Ahearn, on behalf of himself and all etc. v. Mayo Clinic, a Florida Corporation Mayo etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-05T00:00:00-08:00

Citation: 180 So. 3d 165

Snippet: attorney’s fees and court costs as provided in s. 501.2105. However, damages, fees, or costs are not recoverable

Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., d/b/a Better Business Bureau of Southeast Florida And The Caribbean and Council of Better Business Bureaus, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-03T00:53:00-07:00

Snippet: s fees and court costs as provided in s. 501.2105; however, no damages, fees, or costs shall…s fees and court costs as provided in s. 501.2105. However, damages, fees, or costs are not

Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-03T00:00:00-07:00

Citation: 169 So. 3d 164, 43 Media L. Rep. (BNA) 2964, 2015 Fla. App. LEXIS 8497, 2015 WL 3480114

Roberto Basulto v. Hialeah Automotive, etc.

Court: Fla. | Date Filed: 2014-03-20T00:00:00-07:00

Citation: 141 So. 3d 1145, 39 Fla. L. Weekly Supp. 140, 2014 WL 1057334, 2014 Fla. LEXIS 1051

Snippet: reasonable attorney’s fees in accordance with section 501.2105(1) of the FDUTPA. In addition, the buyers assert…statutory basis for an award of attorney’s fees. See § 501.2105(1), Fla. Stat. (2004) (“In any civil litigation…the buyers, in part, and determine that section 501.2105 of the FDUTPA, is not a valid statutory basis

Bull Motors, LLC v. Borders

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-26T00:00:00-08:00

Citation: 132 So. 3d 1158, 2013 WL 6818377, 2013 Fla. App. LEXIS 20336

Snippet: . . §§ 501.201-.213, Fla. Stat. (2007). . § 501.2105, Fla. Stat. (2007). . For example, over 100