Florida Statute 112.44 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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112.44 Failure to prove charges; payment of attorney’s fees or salary.—In the event any officer suspended by the Governor shall not be removed by the Senate, the officer shall be reinstated, and the Senate may provide that the county, district, or state, as the case may be, shall pay reasonable attorney’s fees and costs of the reinstated officer upon his or her exoneration; or the Legislature may at any time after such reinstatement provide for the payment from general revenue funds of reasonable attorney’s fees and costs or the salary and emoluments of office from the date of suspension to the date of reinstatement. The appropriation for such fees, costs, and salary and emoluments may be contained in the General Appropriations Act or any other appropriate general act. This part shall constitute sufficient authority for the payment of such attorney’s fees and costs as the officer may reasonably have incurred in his or her own defense.

History.—s. 5, ch. 69-277; s. 2, ch. 80-333; s. 713, ch. 95-147.

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Amendments to 112.44

Annotations, Discussions, Cases:

Cases Citing Statute 112.44

Total Results: 12 | Sort by: Relevance | Newest First

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Murphy v. MacK, 358 So. 2d 822 (Fla. 1978).

Cited 22 times | Published | Supreme Court of Florida | 97 L.R.R.M. (BNA) 3186

Section 447.203, Florida Statutes (1975), and Section 112.044, Florida Statutes (1976), (which does contain

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Hartley v. Ocean Reef Club, Inc., 476 So. 2d 1327 (Fla. 3d DCA 1985).

Cited 16 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2276, 1985 Fla. App. LEXIS 16120

color, sex, religious creed or national origin); § 112.044, Fla. Stat. (1983) (for discharge or discrimination

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Morrow v. Duval Cnty. Sch. Bd., 514 So. 2d 1086 (Fla. 1987).

Cited 10 times | Published | Supreme Court of Florida | 46 Empl. Prac. Dec. (CCH) 37, 881

public employers. This act is now codified in section 112.044, Florida Statutes (1985). The Human Rights

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Snair v. City of Clearwater, 787 F. Supp. 1401 (M.D. Fla. 1992).

Cited 4 times | Published | District Court, M.D. Florida | 15 Employee Benefits Cas. (BNA) 1040, 1992 U.S. Dist. LEXIS 3530, 1992 WL 59028

29 U.S.C. § 621 et seq. [10] Florida Statutes § 112.044 (1991). [11] Florida Statutes § 760.10 (1991)

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Bolanos v. Workforce All., 23 So. 3d 171 (Fla. 1st DCA 2009).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 15999, 2009 WL 3430175

import these definitions into chapter 440. Compare § 112.044(1), Fla. Stat. (2006) (stating the legislative

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Askew v. Green, Simmons, Green & High-Tower, P. A., 348 So. 2d 1245 (Fla. 1st DCA 1977).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 16433

...equently acquitted and/or the charges are dismissed against said persons.” Having no concern for the wisdom of the ordinance, we find that it is addressed to a declared public purpose which has been recognized by the legislature in other contexts. Section 112.44, Florida Statutes (1975) authorizes the Senate to provide for payment of reasonable attorney fees and costs of an officer suspended by the Governor and reinstated by the Senate....

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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

arbitrary age discrimination in employment.' Section 112.044(2)(a) defines `employer' to mean: . .

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Snair v. City of Clearwater, 817 F. Supp. 108 (M.D. Fla. 1993).

Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 4009, 1993 WL 94333

Human Rights Act of 1977 (FHRA). See Fla. Stat. § 112.044; Fla.Stat. § 760.10. In 1945, the Florida Legislature

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Snair v. City of Clearwater, 846 F. Supp. 62 (M.D. Fla. 1994).

Published | District Court, M.D. Florida | 1994 U.S. Dist. LEXIS 2821, 65 Empl. Prac. Dec. (CCH) 43, 294, 1994 WL 76689

Human Rights Act of 1977 (FHRA). See Fla. Stat. § 112.044; Fla.Stat. § 760.10. *64In 1945, the Florida Legislature

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Ago (Fla. Att'y Gen. 1984).

Published | Florida Attorney General Reports

, relating to a mandatory retirement age. Section 112.044, F.S., which prohibits age discrimination in

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Duval Cnty. Sch. Bd. v. State, Dept. of Admin., 500 So. 2d 158 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1335, 1986 Fla. App. LEXIS 8325, 41 Empl. Prac. Dec. (CCH) 36, 569, 53 Fair Empl. Prac. Cas. (BNA) 1697

section is not limited to public employers. Section 112.044 prohibits public employers from engaging in

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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

...or for the welfare and benefit of the public, and, hence, it was held that absent a statute providing for payment of attorney's fees and legal costs in the event of exoneration, none could be paid. That opinion was rendered prior to the enactment of s. 112.44 , F....

...nding himself against them. Hence, the Legislature has provided a hedge against such unfairness by granting the Senate the power to provide in its discretion for payment of attorney's fees and costs out of public funds if the official is exonerated. Section 112.44 , F. S., supra . In contrast, there is no legislation comparable to s. 112.44 applicable to the instant situation. Moreover, as noted, my conclusion as to attorney's fees and costs incurred in defense of criminal charges (that they could not be paid from public funds) remained the same, even after enactment of s. 112.44 , in those situations wherein the Senate does not provide for payment....

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