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: District Court of Appeal of Florida | Date Filed: 2024-03-08

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: District Court of Appeal of Florida | Date Filed: 2023-01-18

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: District Court of Appeal of Florida | Date Filed: 2022-11-30

Snippet: for appellee. PER CURIAM. Affirmed. See § 501.2105(1), Fla. Stat. (2021) (a prevailing party “may”

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

Court: District Court of Appeal of Florida | Date Filed: 2022-10-12

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: District Court of Appeal of Florida | Date Filed: 2022-03-23

Snippet: was entitled to attorney’s fees under section 501.2105(1), Florida Statutes (2020) (part of Florida’s

H GREG AUTO POMPANO, INC. v. WILLIAM RASKIN

Court: District Court of Appeal of Florida | Date Filed: 2020-12-16

Snippet: Unfair Trade Practices Act (“FDUTPA”) section 501.2105, Florida Statutes (2020). Persuaded of the untimeliness

H GREG AUTO POMPANO, INC. v. WILLIAM RASKIN

Court: District Court of Appeal of Florida | Date Filed: 2020-12-16

Snippet: Unfair Trade Practices Act (“FDUTPA”) section 501.2105, Florida Statutes (2020). Persuaded of the untimeliness

Pazmino v. Gonzalez

Court: District Court of Appeal of Florida | Date Filed: 2019-03-27

Citation: 273 So. 3d 1056

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

Schlesinger v. Jacob

Court: District Court of Appeal of Florida | Date Filed: 2018-02-21

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: District Court of Appeal of Florida | Date Filed: 2017-04-12

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

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

Court: District Court of Appeal of Florida | Date Filed: 2017-03-17

Citation: 238 So. 3d 326

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

Kendall Imports, LLC v. Diaz

Court: District Court of Appeal of Florida | Date Filed: 2017-02-01

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: District Court of Appeal of Florida | Date Filed: 2016-08-24

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

Snippet: governs fee entitlement under the FCCPA and section 501.2105 controls fee entitlement under FDUTPA. Banner

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

Court: District Court of Appeal of Florida | Date Filed: 2016-02-24

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

Bailey v. St. Louis

Court: District Court of Appeal of Florida | Date Filed: 2016-02-03

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

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

Court: District Court of Appeal of Florida | Date Filed: 2015-11-05

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.

Court: District Court of Appeal of Florida | Date Filed: 2015-06-03

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

Snippet: attorney’s fees and court costs as provided in s. 501.2105; however, no damages, fees, or costs shall be

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: District Court of Appeal of Florida | Date Filed: 2015-06-03

Snippet: attorney’s fees and court costs as provided in s. 501.2105; however, no damages, fees, or costs shall

Roberto Basulto v. Hialeah Automotive, etc.

Court: Supreme Court of Florida | Date Filed: 2014-03-20

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

Bull Motors, LLC v. Borders

Court: District Court of Appeal of Florida | Date Filed: 2013-12-26

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