Florida Statutes

Fla. Stat. § 501.2105 (2025)

Attorney’s fees.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 140 cases (31 in the last 5 years), 1980–2026 · leading case: Diamond Aircraft Indus., Inc. v. Horowitch, 107 So. 3d 362 (Fla. 2013).

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Diamond Aircraft Indus., Inc. v. Horowitch, 107 So. 3d 362 (Fla. 2013). · cites it 18× “79, Florida Statutes; and (2) pursuant to the prevailing party attorney’s fee provision provided in FDUTPA (section 501.2105, Florida Statutes (2006)).”

Humane Soc. of Broward v. Fl Humane Soc., 951 So. 2d 966 (Fla. 4th DCA 2007). · cites it 17× “from those who engage in unfair methods of competition, deceptive, or unfair acts or practices in the conduct of any trade or commerce," the legislature removed the mandatory award of fees to the prevailing party from the statute and placed the award of fees in the trial court's…”

Heindel v. Southside Chrysler-Plymouth, Inc., 476 So. 2d 266 (Fla. 1st DCA 1985). · cites it 21× “(Southside), and its insurer, complaining that the judgment erroneously allowed attorney's fees to appellees under section 501.2105, Florida Statutes (1983).”

Roberto Basulto v. Hialeah Auto., etc., 141 So. 3d 1145 (Fla. 2014). · cites it 8× “We disagree with the buyers, in part, and determine that section 501.2105 of the FDUTPA, is not a valid statutory basis for an award for reasonable appellate attorney’s fees in this case.”

Pendergast v. Sprint Nextel Corp., 592 F.3d 1119 (11th Cir. 2010). · cites it 5× “Fla. Stat. § 501.2105 (1). Sprint’s Terms and Conditions also do not bar declaratory or injunctive relief under FDUTPA.”

B & L Motors, Inc. v. Bignotti, 427 So. 2d 1070 (Fla. 2d DCA 1983). · cites it 13× “Defendant appeals a judgment awarding plaintiff attorney's fees and costs pursuant to section 501.2105, Florida Statutes (1979) (the "Little FTC Act").”

Hubbel v. Aetna Cas. & Sur. Co., 758 So. 2d 94 (Fla. 2000). · cites it 15× “; see also § 501.2105, Fla. Stat. (Supp. 1994). This statutory change, however, should not alter the result in situations such as those in the present cases, where the trial court actually awards attorney's fees and costs.”

Army Aviation Heritage Found. & Museum, Inc. v. Buis, 504 F. Supp. 2d 1254 (N.D. Fla. 2007). · cites it 18× “FDUTPA, Fla. Stat. §§ 501.2105 & 501.211 AAHF also requests attorneys’ fees and expenses under FDUTPA, Fla.”

Cheryl Cohen, on Behalf of Herself & Others Similarly Situated v. Off. Depot, Inc., a Florida Corp., 204 F.3d 1069 (11th Cir. 2000). · cites it 3× “ATTORNEY FEES On behalf of the class, Cohen brought claims under Florida statutes that prohibit deceptive business practices, see Fla. Stat. § 501.201 et seq., and misleading advertising, see Fla.”

Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. 2d DCA 2006). · cites it 2× “See § 501.2105, Fla. Stat. (FDUTPA); § 817.41(6), Fla.”

Mandel v. Decorator's Mart, Inc., 965 So. 2d 311 (Fla. 4th DCA 2007). · cites it 8× “The language of section 501.2105 takes a broad view of compensable attorney time on a case involving a claim of a deceptive or unfair trade practice.”

JES Props., Inc. v. USA Equestrian, Inc., 432 F. Supp. 2d 1283 (M.D. Fla. 2006). · cites it 7× “Attorneys’:Fees and Costs Under the Florida Deceptive and Unfair Practices Act Fla. Stat. § 501.2105 provides for the discretionary award of attorneys’ fees and costs to the party prevailing on a claim under the Florida Deceptive and Unfair Trade Practices Act 13 .”

Show all 140 citing cases →

— 501.2105(1) — 40 cases

Diamond Aircraft Indus., Inc. v. Horowitch, 107 So. 3d 362 (Fla. 2013). “79, Florida Statutes; and (2) pursuant to the prevailing party attorney’s fee provision provided in FDUTPA (section 501.2105, Florida Statutes (2006)).”

Humane Soc. of Broward v. Fl Humane Soc., 951 So. 2d 966 (Fla. 4th DCA 2007). “from those who engage in unfair methods of competition, deceptive, or unfair acts or practices in the conduct of any trade or commerce," the legislature removed the mandatory award of fees to the prevailing party from the statute and placed the award of fees in the trial court's…”

Roberto Basulto v. Hialeah Auto., etc., 141 So. 3d 1145 (Fla. 2014). “We disagree with the buyers, in part, and determine that section 501.2105 of the FDUTPA, is not a valid statutory basis for an award for reasonable appellate attorney’s fees in this case.”

Army Aviation Heritage Found. & Museum, Inc. v. Buis, 504 F. Supp. 2d 1254 (N.D. Fla. 2007). “FDUTPA, Fla. Stat. §§ 501.2105 & 501.211 AAHF also requests attorneys’ fees and expenses under FDUTPA, Fla.”

Black Diamond Props., Inc. v. Haines, 36 So. 3d 819 (Fla. 5th DCA 2010).

— 501.2105(2) — 5 cases

Mandel v. Decorator's Mart, Inc., 965 So. 2d 311 (Fla. 4th DCA 2007). “The language of section 501.2105 takes a broad view of compensable attorney time on a case involving a claim of a deceptive or unfair trade practice.”

Smith v. Bilgin, 534 So. 2d 852 (Fla. 1st DCA 1988).

Fuccillo v. Century Enter., Inc. (M.D. Fla. 2020).

— 501.2105(3) — 5 cases

Pazmino v. Gonzalez, 273 So. 3d 1056 (Fla. 3d DCA 2019).

McKenzie v. Betts, 55 So. 3d 615 (Fla. 4th DCA 2011).

Smith v. Bilgin, 534 So. 2d 852 (Fla. 1st DCA 1988).

— 501.2105(4) — 3 cases

Hubbel v. Aetna Cas. & Sur. Co., 758 So. 2d 94 (Fla. 2000). “; see also § 501.2105, Fla. Stat. (Supp. 1994). This statutory change, however, should not alter the result in situations such as those in the present cases, where the trial court actually awards attorney's fees and costs.”

B & L Motors, Inc. v. Bignotti, 427 So. 2d 1070 (Fla. 2d DCA 1983). “Defendant appeals a judgment awarding plaintiff attorney's fees and costs pursuant to section 501.2105, Florida Statutes (1979) (the "Little FTC Act").”

— 501.2105(5) — 1 case

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