Florida/Georgia Personal Injury & Workers Compensation

...(1983) (garnishment); § 718.303, Fla. Stat. (Supp. 1984) (condominium actions); § 725.07, Fla. Stat. (1983) (credit discrimination actions); § 742.031, Fla. Stat. (1983) (paternity determinations); § 376.313, Fla. Stat. (Supp. 1984) (pollution damage actions); § 119.12, Fla....

...Moreover, we express no opinion as to the applicability of any statutory exemptions to the records sought or the relevancy of the records to the underlying litigation; our holding is limited solely to the agency status of the Salvation Army. Finally, we deny Stanfield's request for attorneys' fees under section 119.12(1), Florida Statutes, finding that in refusing to disclose the records the Salvation Army acted on the good faith belief that it was not subject to the public records law....

...Mazer contends in his mandamus petition that he is in need of the Code to attach to his amended complaint in a judicial proceeding. He asked that Orange County be ordered to provide the Code and further sought attorney's fees for bringing the petition, citing section 119.12, Florida Statutes (1999)....

...public records. Orange County filed a response arguing against the award of fees. The trial court denied the motion for rehearing, holding that "Orange County is correct in asserting that an award of attorney's fees would have been appropriate under § 119.12(1) only if this Court had rendered a decision on the merits of the Petition, and held in Petitioner's favor." Appellate courts have generally allowed direct review of an order dismissing a petition for writ of mandamus....

..., approved on other grounds, 720 So.2d 216 (Fla.1998). The de novo standard of review is applied when considering an order granting a motion to dismiss. Randles v. Moore, 780 So.2d 158 (Fla. 2d DCA 2001). Turning now to the merits of Mazer's appeal, section 119.12(1) of the Public Records chapter provides: If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected, examined, or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys' fees. The circuit court reasoned that because section 119.12(1) speaks in terms of a judicial determination of a wrongful refusal to provide a public record as a precedent to a fees award, no award could be made in this case because Orange County had turned over a copy of the Code before a judicial determination had been made on the merits of the petition....

...Town of Eatonville, 675 So.2d 223 (Fla. 5th DCA 1996), is analogous to the instant case. In Barfield, the plaintiff brought an action pursuant to the public records laws, Chapter 119, Florida Statutes. The plaintiff appealed an order denying his motion for attorney's fees pursuant to section 119.12(1), Florida Statutes....

...requested documents, this court rejected the town's excuse for not turning over the documents in a timely manner and held that the delay in turning over the documents amounted to an unlawful refusal entitling the plaintiff to fees. *860 In analyzing section 119.12(1), this court stated: The purpose underlying this section is to encourage public agencies to voluntarily comply with the requirements of Chapter 119, thereby ensuring that the state's general policy is effectuated. New York Times Co. v. PHH Mental Health Services, Inc., 616 So.2d 27 (Fla. 1993). Section 119.12(1) authorizes recovery of attorney's fees and costs when the agency unlawfully refuses access to its public records. See News and Sun-Sentinel Co. v. Palm Beach County, 517 So.2d 743 (Fla. 4th DCA 1987). An unjustified delay in complying with a public records request amounts to an unlawful refusal under section 119.12(1), Florida Statutes. See, e.g., Brunson v. Dade County School Board, 525 So.2d 933 (Fla. 3d DCA 1988). Id. at 224. Thus, in accordance with the stated public policy considerations imbedded within the provisions of section 119.12(1), the fact that the requested documents were produced in the instant case after the action was commenced, but prior to final adjudication of the issue by the trial court, does not render the case moot or preclude consideration of Mazer's entitlement to fees under the statute....

...The appellate court reversed the dismissal, holding, "Production of the records after the lawsuit was filed did not moot the issues raised in the complaint. We remand for an evidentiary hearing on the issue of whether, under the facts of this case, there was an unlawful refusal of access to the records within the meaning of section 119.12(1), Florida Statutes (1995)." Id....

...The court granted the city's motion to dismiss, but gave the appellant the opportunity to obtain the sought-after documents which had been filed as court exhibits. The appellant then filed an amended motion for rehearing and a motion to tax costs pursuant to section 119.12, which the trial court denied. The appellate court reversed, holding that the appellant was entitled to reasonable costs pursuant to section 119.12, even though he had obtained the requested documents, because the appellant had "found it necessary to file a civil action against the City to enforce the provisions of this chapter and the City unlawfully refused to permit the public records to be copied." Id. at 298. Accordingly, we reverse the trial court's order and remand this case for further proceedings to determine whether Mazer is entitled to fees pursuant to section 119.12, Florida Statutes....

...person establishes an entitlement to attorney's fees by prevailing in the litigation. See, e.g., § 57.105, Fla. Stat. (1999) (providing sanctions for raising unsupported claims or defenses); § 83.48, Fla.Stat. (1999) (landlord and tenant actions); § 119.12, Fla.Stat....

...We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution, and approve the decision below. This case involves the question of whether a private entity acting on behalf of a public agency is responsible for attorney's fees under section 119.12(1), Florida Statutes (1987), [1] when that entity reasonably and in good faith denies a chapter 119 request to inspect records because the private entity's status as an agency under the meaning of chapter 119 is unclear. We find that under such circumstances the private entity's denial of the request does not constitute an unlawful refusal under section 119.12(1), and an award of attorney's fees is not appropriate....

...'s obligation under chapter 119. The Ledger subsequently filed a suit, seeking an injunction and a writ of mandamus to force PHH to comply with the requirements of chapter 119. The Ledger also sought an award of attorney's fees and costs pursuant to section 119.12(1)....

...PHH appealed both orders. On appeal, the Second District Court of Appeal affirmed the determination that PHH was an entity subject to the requirements of chapter 119, but reversed the order requiring PHH to pay the Ledger's attorney's fees. The court noted that section 119.12(1) requires an agency to pay attorney's fees only when it is determined that the agency has "unlawfully refused" to permit the inspection of its records....

...l refusal." 525 So.2d at 934. In Sun-Sentinel, the Fourth District Court of Appeal found that a fire-rescue department's good faith but mistaken belief that the documents requested were exempt from disclosure still constituted unlawful refusal under section 119.12. 517 So.2d at 744. "It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person." § 119.01(1), Fla. Stat. (1987). Section 119.12(1) is designed to encourage public agencies to voluntarily comply with the requirements of chapter 119, thereby ensuring that the state's general policy is followed....

...public agency. The purpose of the statute is served by decisions like Brunson and Sun-Sentinel in which a unit of government that unquestionably meets the statutory definition of an agency [3] refuses to allow the inspection of its records. However, section 119.12(1) was not intended to force private entities to comply with the inspection requirements of chapter 119 by threatening to award attorney's fees against them....

...Thus, any refusal by the school board or the fire-rescue department was not lawful, and attorney's fees were properly awarded in those cases. However, to the extent that either Brunson or Sun-Sentinel would permit the award of attorney's fees under section 119.12(1) without a determination that the refusal was unlawful, we disapprove those cases....

...cept jurisdiction, I concur with the Court on the merits. I do suggest, however, that all interests would be best served if courts expedite the proceedings whenever a party seeks a judicial decision to clarify its status under chapter 119. NOTES [1] Section 119.12(1), Florida Statutes (1987), provides: (1) If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected...

...In sum, based on the specific circumstances here, we do not find any violation of the White Sox' rights of due process. IV. Assessment of Attorney's Fees and Costs against White Sox The last issue we address is whether the trial court properly ruled that the White Sox would be assessed attorney's fees and costs pursuant to section 119.12, Florida Statutes....

...*495 as a result of the negotiations. Thus, by its own actions, the White Sox assumed custody of the public records sought to be reviewed. Writers from the Times made demand upon the White Sox for access to these documents and the White Sox refused. Section 119.12(1), Florida Statutes, provides that "[i]f a civil action is filed against an agency to enforce the provisions of [the Public Records Act] and if the court determines that such agency unlawfully refused to permit a public record to be i...

..., 1992, after these proceedings had been commenced, resolved the issues raised in the first count of his complaint. All of the remaining issues were resolved by the parties with the exception of Times Publishing's claim for attorney fees pursuant to section 119.12, Florida Statutes (1991). Section 119.12 reads as follows: 119.12 Attorney's fees....

...(2) Whenever an agency appeals a court order requiring it to permit inspection of records pursuant to this chapter and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such agency. *257 The trial court held that Times Publishing was not entitled to attorney fees under section 119.12 because Ake did not unlawfully refuse Times Publishing's request....

...He sought to obtain access to the employment records of the Marion County Hospital District, d/b/a Munroe Regional Medical Center, pursuant to Chapter 119, Florida's Public Records Act. Douglas also seeks an award of attorney fees pursuant to sections 119.12(1) [1] and 59.46, [2] Florida Statutes *938 (1979)....

...SHOULD THE ACCESS TO THE PERSONNEL RECORDS UNDER CHAPTER 119 BE BARRED BECAUSE IT CONSTITUTES AN INVASION OF THE EMPLOYEES' FEDERALLY OR STATE PROTECTED RIGHT OF PRIVACY WHERE THE RECORDS MAY CONTAIN HARMFUL OR DAMAGING INFORMATION? ORFINGER and COWART, JJ., concur. NOTES [1] Section 119.12(1), Florida Statutes (1979), provides: Whenever an action has been filed against an agency to enforce the provisions of this chapter and the court determines that such agency unreasonably refused to permit public records to be inspected, the court shall assess a reasonable attorney's fee against such agency....

...orney's office to deliver to the trial court for in camera inspection those documents which it claimed were exempt from disclosure as work product). Appellant also claims entitlement to costs incurred in filing his petition. To the extent pertinent, section 119.12(1), Florida Statutes (1997), reads: If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected, exami...

...rney "unlawfully refused" to provide copies of records requested to appellant. An unjustified failure to respond to a public records request until after an action has been commenced to compel compliance amounts to an unlawful refusal for purposes of section 119.12(1)....

...[4] Accordingly, we affirm the trial court's entry of summary judgment. Although we affirm the entry of summary judgment, we do find merit in News-Press' cross-appeal. In its complaint News-Press requested attorney's fees as provided for in sections 119.12(1) and 286.011(4), Florida Statutes. The Cape Coral Medical Center moved to strike the request for attorney's fees. The court granted the motion to strike prior to the hearing on the motion for summary judgment. Section 119.12(1), Florida Statutes, provided for an award of attorney's fees to the plaintiff if the court finds that the agency-defendant unreasonably refused to permit inspection of its records....

...eria. In so reading these provisions, we find that the violation necessary for an award of attorney's fees under section 286.011(4) is an unreasonable violation just as the refusal to permit inspection necessary for an award of attorney's fees under section 119.12(1) is an unreasonable refusal.

...public records laws, Chapter 119, Florida Statutes. The Florida Legislature has decreed that "It is the policy of this state that all state, county and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla. Stat. Section 119.12(1), Florida Statutes provides: If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected, examined,...

...The purpose underlying this section is to encourage public agencies to voluntarily comply with the requirements of Chapter 119, thereby ensuring that the state's general policy is effectuated. New York Times Co. v. PHH Mental Health Services, Inc., 616 So.2d 27 (Fla.1993). Section 119.12(1) authorizes recovery of attorney's fees and costs when the agency unlawfully refuses access to its public records. See News and Sun-Sentinel Co. v. Palm Beach County, 517 So.2d 743 (Fla. 4th DCA 1987). An unjustified delay in complying with a public records request amounts to an unlawful refusal under section 119.12(1), Florida Statutes. See, e.g., Brunson v. Dade County School Board, 525 So.2d 933 (Fla. 3d DCA 1988). Application of section 119.12(1) and the relevant case law leads to but one conclusion here, that the appellant was entitled to recovery of attorney's fees and costs....

...*225 The Town's defense, that the delay in production of the records was caused by either the intentional wrongdoing or ineptitude of its Town clerk, amounts to an unlawful refusal and is not a valid basis for denying recovery of attorney's fees and costs under section 119.12(1), Florida Statutes....

...Jacobs of Jacobs & Associates P.A., Fernandina Beach, for Appellant. George F. Schaefer, San Diego, CA, for Appellee. PER CURIAM. The Office of the State Attorney for the Thirteenth Judicial Circuit of Florida appeals a final judgment ordering it to pay Wesley Gonzalez attorney's fees and costs pursuant to section 119.12, Florida Statutes (2002), which is part of Florida's Public Records Law....

...o disclose the public records within a reasonable period from the date of the request constituted an unlawful and unexcused delay as defined by the Florida Public Records Law. Mr. Gonzalez sought attorney's fees and costs for both counts pursuant to section 119.12....

...hat it unlawfully refused to comply with the public records request, nor should it have awarded fees for the first appeal. We reject those arguments and affirm. II. Public Records Law Violations— Delay and Unlawful Refusal Under certain conditions, section 119.12(1) permits the award of attorney's fees to a prevailing litigant who has filed a civil action against an agency to enforce the provisions of Florida's public records law....

...for disclosure is frustrated when no specific exemption is involved. Id. at 744. In a somewhat similar vein, in Wisner v. City of Tampa Police Department, 601 So.2d 296, 298 (Fla. 2d DCA 1992), this court held that an award of attorney's fees under section 119.12 was appropriate when the agency failed to provide some of the records sought under the public records act, including a polygraph chart....

...Nevertheless, the circuit court denied the plaintiffs' entitlement to attorney's fees and costs on the ground that even though the School Board delayed in producing the records, it did not unreasonably refuse to provide them as that term is used in chapter 119. Reversing the denial of attorney's fees and costs under section 119.12(1), the Third District reasoned: When considered in the light of the intent of chapter 119, which has as its purpose the prevention of government agencies from restricting access to public records, the Board's unjustified delay in complying with the requests until after a suit was brought amounted to an "unlawful refusal" under section 119.12, for which attorney's fees and costs are to be awarded....

...iolation of the statute, it is apparent from the record that the court appropriately considered all the factors and did not abuse its discretion in finding an unlawful refusal to provide the records. [4] Delay cannot in itself create liability under section 119.12....

...Gonzalez with the documents, but the plaintiff argued that the disclosure was not complete due to problems with the redaction method. In rejecting the plaintiff's argument, the court found that Mr. Gonzalez should have amended his complaint to include this theory. [2] Section 119.12(2) provides that "[w]henever an agency appeals a court order requiring it to permit inspection of records pursuant to this chapter and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against su...

...[3] In PHH Mental Health Services, the supreme court held that attorney's fees were properly awarded in Brunson but disapproved Brunson and News & Sun-Sentinel, 517 So.2d 743, to the extent that either case "would permit the award of attorney's fees under section 119.12(1) without a determination that the refusal was unlawful." 616 So.2d at 30....

...The instant litigation was filed shortly thereafter to enforce rights claimed by the newspaper under chapter 119. The petition for writ of mandamus and accompanying motions sought inspection, examination, and copying of the requested documents, and attorney's fees and costs as authorized by section 119.12, Florida Statutes (Supp....

...Production of the records after the lawsuit was filed did not moot the issues raised in the complaint. We remand for an evidentiary hearing on the issue of whether, under the facts of this case, there was an unlawful refusal of access to the records within the meaning of section 119.12(1), Florida Statutes (1995)....

...Whether Woodfaulk's statement in his affidavit, unsigned and unnotarized, is a proper request is a question for the trial court. In this case, the state attorney allegedly did not respond to Woodfaulk's first two requests that Woodfaulk himself does not document. Whether they were proper requests is an open question. Section 119.12 provides for an attorney's fees sanction for an agency's unlawful refusal to permit a public record to be copied. However, only when the court determines that the agency's refusal to have been unreasonable is the attorney's fee sanction mandated. § 119.12....

...such agency unlawfully refused to permit a public record to be *1190 inspected, examined, or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys’ fees.” Id. § 119.12(1)....

...When considered in the light of the intent of chapter 119, which has as its purpose the prevention of government agencies from restricting access to public records, the Board's unjustified delay in complying with the requests until after a suit was brought amounted to an "unlawful refusal" under section 119.12, for which attorney's fees and costs are to be awarded....

...Because the provisional award of $900.00 was not supported by substantial, competent evidence in the record as to such amount, an evidentiary hearing shall be held upon remand to determine the appropriate amount of an award of attorney's fees, together with costs. Reversed and remanded, with directions. NOTES [1] Section 119.12(1), Florida Statutes (1985), provides: "If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected, e...

...We cannot subscribe to the City's contention that injunctive relief is not available in actions brought pursuant to Chapter 119, and the corollary suggestion that the exclusive remedy is mandamus. The statute in no way specifies the form of the action. See §§ 119.07(2)(b)-(d), 119.11, 119.12, Fla....

...the time of the final hearing the controversy was effectively moot. Permanent injunctive relief therefore should not have been entered, and the final judgment must be reversed. At the final hearing the trial court awarded attorney's fees pursuant to section 119.12, Florida Statutes (1987)....

...[3] Since we have reversed the permanent injunction, we must remand for a redetermination of the hours fairly compensable. Appellees were clearly the prevailing parties at the preliminary stage, and are entitled to "the reasonable costs of enforcement including reasonable attorneys' fees." § 119.12(1), Fla....

...During the course of the litigation, the bulk of the information requested was furnished to the Times in an acceptable format. The Times withdrew its demand for additional information and the case was settled in all regards except the Times' claim for attorney's fees under section 119.12, Florida Statutes (1991)....

...cure a copy of the court exhibit. If Wisner did not obtain a copy of the polygraph chart within fifteen days, the City was to provide a copy to Wisner upon his request. Wisner filed an amended motion for rehearing and motion to tax costs pursuant to section 119.12 [2] ....

...1983) (official charged by law with the maintenance of public records may not transfer actual physical custody of the records to another agency to avoid compliance with a request for inspection under chapter 119). Thus, Wisner is entitled to reasonable costs under section 119.12(1), even though the City subsequently provided Wisner a copy of the polygraph chart, as Wisner found it necessary to file a civil action against the City to enforce the provisions of this chapter and the City unlawfully refused to permit the public records to be copied....

...etermines that such agency unlawfully refused to permit a public record to be inspected, examined, or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys' fees. § 119.12(1), Fla....

...Wait is not controlling here. Wait did not involve rule 9.310; it involved the predecessor to that rule, Florida Appellate Rule 5.12(1), and the opinion made a specific point of noting that "[t]he present decision is limited to the relationship between section 119.12(2) and the `Florida Appellate Rules, 1962 Revision.'" Id....

...The trial court later issued its writ of mandamus ordering Fox and Alligator Towing to permit inspection of the requested records. Thereafter, News-Press filed a motion to tax reasonable costs and attorney's fees against Fox and Alligator Towing under section 119.12, Florida Statutes (1987), which the trial court awarded....

...We therefore reverse that portion of the order finding Fox to be a custodian of the requested records and requiring him to produce records maintained in the performance of the towing agreement. ATTORNEY'S FEE AWARD As previously stated, reasonable attorney's fees were awarded against Fox and Alligator Towing pursuant to section 119.12(1), Florida Statutes (1987), which provides: If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspect...

...In The New York Times Company v. P.H.H. Mental Health Services, 616 So.2d 27 (Fla.1993), the supreme court stated: This case involves the question of whether a private entity acting on behalf of a public agency is responsible for attorneys' fees under section 119.12(1), Florida Statutes (1987), when that entity reasonably and in good faith denies a chapter 119 request to inspect records because the private entity's status as an agency under the meaning of chapter 119 is unclear. We find that under such circumstances the private entity's denial of the request does not constitute an unlawful refusal under section 119.12(1), and an award of attorney's fees is not appropriate....

...at 635. On remand, the trial court denied a portion of appellant's petition, and also denied appellant's request for the costs of enforcement. We again reversed, making clear that appellant was entitled to his reasonable costs of enforcement, pursuant to section 119.12(1), Florida Statutes (1997) (a part of the Florida Public Records Act)....

..."). We conclude that, given the facts of this case, this general rule does not apply. Appellant is an inmate of the Florida correctional system. He prosecuted this action pro se, without assistance of counsel. As we have previously held, pursuant to section 119.12(1), Florida Statutes (1997), appellant is entitled to recover from the Office of the State Attorney "the reasonable costs of enforcement," which *1249 would have included an attorney's fee had he been represented by counsel....

...ormation from the government" and to "encourage activity of `private attorneys general' in furtherance of a `national policy of disclosure of government information.'" Id. at 933 (citation omitted). As in Kuzma, interpreting narrowly that portion of section 119.12(1) which mandates an award of "the reasonable costs of enforcement" would frustrate the clear legislative intent to alleviate the financial burdens incurred by citizens who seek to enforce their right of access to public records in Florida, as well as the stated "policy ... that all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla. Stat. (1997). See also New York Times Co. v. PHH Mental Health Servs., Inc., 616 So.2d 27, 29 (Fla. 1993) (section 119.12(1) is designed to encourage public agencies to comply voluntarily with proper public records requests, and to encourage citizens improperly denied access to pursue their rights beyond an initial refusal by a recalcitrant agency). Moreover, a narrow interpretation would be at odds with our prior decision that "[s]ection 119.12 ......

...be liberally construed so as to best enforce the promotion of access to public records." Downs v. Austin, 559 So.2d 246, 247 (Fla. 1st DCA), review denied, 574 So.2d 140 (Fla.1990). Accordingly, we hold that those "reasonable costs of enforcement" recoverable pursuant to section 119.12(1) are not necessarily limited to costs recoverable pursuant to the Uniform Guidelines....

...n exception to the Public Records Act; we reverse and remand with directions to enter judgment for WFTV on this request for the records. We likewise reverse the lower court's denial of WFTV's request for attorney's fees and costs on the authority of section 119.12(1), Florida Statutes (1991), which provides: If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record, to be inspec...

...1993) [2] , while determining the application of said statutory section to a particular factual scenario, the court stated: "[Refusal] by an entity that is clearly an agency within the meaning of chapter 119 will always constitute unlawful refusal." Further, in PHH, the supreme court established that the purpose of section 119.12(1) in authorizing an award of attorney fees against an agency that fails to comply with the open records requirement, is to encourage public agencies to voluntarily comply with such requirements and encourage persons seeking access to...

...Lucie, 678 So.2d 514 (Fla. 4th DCA 1996) (reversing order granting motion to dismiss and remanding for an evidentiary hearing on the issue of whether, under the facts of the case, there was an unlawful refusal of access to the records within the meaning of section 119.12(1), Florida Statutes (1995)); James v....

...delay that amounted to an unlawful refusal to comply with chapter 119. See e.g., Barfield v. Town of Eatonville, 675 So.2d 223 (Fla. 5th DCA 1996) ("An unjustified delay in complying with a public record request amounts to an unlawful refusal under section 119.12(1), Florida Statutes.")....

...ing of section 119.011(2), Florida Statutes (1987), and was required to reveal its records upon reasonable request, concluded that the New York Times Company and the Lakeland Ledger Publishing Corporation were entitled to attorneys' fees pursuant to section 119.12, Florida Statutes (1987)....

...Knight Ridder, Inc., 800 So.2d 302 (Fla. 3d DCA 2001), we affirmed an order requiring Dade Aviation Consultants to produce public records of payments to its lobbyists to the Miami Herald. The trial court, however, denied the Herald costs and reasonable attorney's fees claimed under section 119.12(1), Florida Statutes (2000), [1] on the ground that the agency had not "unlawfully" declined initially to produce the materials....

...5th DCA 1986); Brown v. State, 391 So.2d 729 (Fla. 3d DCA 1980); 2 Wigmore, Evidence § 278 (Chadbourn rev.1979). The order under review is reversed and the cause remanded with directions to make an appropriate award of attorney's fees and costs. Reversed. NOTES [1] 119.12 Attorney's fees.— (1) If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected, examined, or copied, the c...

...any exemption. At least three separate law firms were then retained by the Authority—one for each appellant—presumably at public expense. We also note that the attorneys for the prevailing party—Guzman—are entitled to attorney's fees pursuant to section 119.12, Florida Statutes (1995)—again presumably at public expense....

...on of the Act. See Weeks v. Golden, 764 So.2d 633, 635 (Fla. 1st DCA 2000) (“An unjustified failure to respond to a public records request until after an action has been commenced to compel compliance amounts to an unlawful refusal for purposes of section 119.12(1)[.]”); see also Althouse v. Palm Beach County Sheriff’s Office, 92 So.3d 899, 902 (Fla. 4th DCA 2012) (“[T]he Sheriffs delay in complying with Althouse’s request until after the filing of his suit amounted to an ‘unlawful refusal’ under section 119.12, for which fees and costs are to be awarded.”)....

...ssession. Fritz. The city produced all relevant records in its possession forthwith when served with the alternative writ. Therefore the peremptory writ was unnecessary and should not have issued. The award of attorney's fees against appellant under section 119.12, Florida Statutes (1979), should not include payment for services incurred in appellee's efforts in this cause to obtain records in Boyle's possession but should be limited to reasonable attorney's fees for necessary legal services per...

...Lee, 110 So.3d 443 (Fla. 1st DCA 2013) (table decision). The merits of that decision are not currently before us, as that decision is. the law of the case. See Fla. Dep’t of Transp. v. Juliano, 801 So.2d 101, 105 (Fla.2001). Lee also moved for attorney’s fees under section 119.12, Florida Statutes (2009), which provides for an award of attorney’s fees “[i]f a civil action is filed against an .agency to enforce the provisions of [the Public Records Act] and if the court determines that such agency unlawfully...

...ing that since the Pension Fund’s violations of the Public Records Act were “not knowing, willful or done with a malicious intent,” they “did not amount to an ‘unlawful refusal,’ ” as is required for an award of attorney’s fees under section 119.12....

...derstandably unsure of its status as an agency, New York Times Co. v. PHH Mental Health Services, Inc., 616 So.2d 27 (Fla.1993), there is no- comparable requirement when agency status is not in doubt, nor has there - been since the 1984 amendment of section 119.12, when the legislature removed the necessity of showing that an agency “unreasonably” refused inspection of public records....

...g of chapter 119 will always constitute unlawful refusal.” PHH, 616 So.2d at 29 . Id. We granted review and now approve the First District’s decision based on the following analysis. ANALYSIS The focus of our analysis is the explicit language of section 119.12 — the attorney’s fee provision of Florida’s Public Records Act — which provides: If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys’-fees. §119.12, Fla....

...Stat. (2009). In other words, an accelerated civil action plays a critical role in the enforcement of the Public Records Act, as is reflected in the title of section 119.11 — “Accelerated hearing; immediate compliance.” § 119.11, Fla. Stat. II. Section 119.12, Florida Statutes The Legislature has also provided, through section 119.12, for an award of attorney’s fees under the Act when a court determines that the agency “unlawfully refused” to permit a public record to be inspected or copied....

...y unambiguous, we apply principles of statutory. construction in order to resolve the conflicting interpretations of the district courts regarding whether the public agency’s good or bad faith is relevant to a finding that fees are warranted under section 119.12....

...limited in their designated purpose.” L ightbourne v. McCollum, 969 So.2d 326, 332-33 (Fla.2007) (quoting City of Riviera Beach v. Barfield, 642 So.2d 1135, 1136 (Fla. 4th DCA 1994)). Consistent with the purpose underlying the Public Records Act, section 119.12 must be “liberally construed so as to best enforce the promotion of access to public records” and “in favor of open government to the extent possible to preserve our basic freedom.” Downs v. Austin, 559 So.2d 246, 247 (Fla. 1st DCA 1990). As previously recognized by this Court: Section 119.12(1) is designed to encourage public agencies to voluntarily comply with the requirements of chapter 119, thereby ensuring that the-state’s general policy is followed....

...Additionally, persons seeking access to such records are more likely to pursue their right to access beyond an initial refusal by a reluctant public agency. New York Times Co. v. PHH Mental Servs., Inc., 616 So.2d 27, 29 (Fla.1993). In other words, section 119.12 has the dual role of both deterring agencies from wrongfully- denying access to public records and encouraging individuals to continue pursuing their right to access- public records....

...ndment.” Carlile v. Game & Fresh Water Fish Comm’n, 354 So.2d 362, 364 (Fla.1977) (quoting Arnold v. Shumpert, 217 So.2d 116, 119 (Fla.1968)). Prior to the 1984 amendment, only unreasonable refusals led to an award of attorney’s fees under section 119.12....

...See Black’s Law Dictionary 1018 (10th ed.2014) (defining “lawful” qs “[n]ot contrary to law; permitted or recognized by law”). The public agency’s failure to- comply, rather than, its good or bad faith in doing so, became the relevant inquiry. The distinction created by section 119.12 is thus between “unlawful[ ] refus[als]” and lawful refusals — not between “unlawful[] refusals]” and reasonable, inadvertent, or good faith refusals that are-not, as the trial court stated in this case, “knowing, willful o...

...rds. § 119.01(1), Fla. Stat. The fulfillment of this duty is policed primarily thrqugh civil actions, which are characterized throughout chapter 119 as being brought “to enforce the provisions” of chapter 119. §§ 119.07(l)(h), 119.11(1), (4), 119.12, Fla....

...ings were intended.” (quoting State v. Bradford, 787 So.2d 811, 819 (Fla.2001))). The Legislature also used the term “reasonable” elsewhere in the Public Records Act. Variations of the term “reasonable,” which was deliberately removed from section 119.12, continue to appear in other sections of the Public Records Act as a requirement for measuring agency conduct....

...nd respond in good faith, and cannot be found elsewhere in section 119.07 or even in chapter 119, which has undergone numerous revisions. Simply put, the Legislature has had multiple opportunities to explicitly require a “good faith” standard in section 119.12 and knows how to use “good faith” standards in attorney’s fee provisions. Compare § 119.12, .Fla....

...(providing for attorney’s fees within the Public Records Act without using “good faith” language), with § 932.704(10), Fla. .Stat. (2014) (providing for attorney’s fees within, the civii forfeiture statute and. using “good faith” language). The absence of any such standards in section 119.12 — whether good or bad faith, reasonable, or knowingly and willfully — clearly indicates that section 119,12 is not contingent on a finding, of the public agency’s unreasonableness or bad faith before allowing for an award of attorney’s fees under the Public Records Act....

...good faith requirement before attorney’s fees could be awarded,.it would be illogical for the Legislature to accomplish, this result by adding a . “good . faith” ■ exception, to section ll-9.07(l)(e) — a. different statutory provision — instead of amending section 119.12 itself....

...Act, such as in this case, the Legislature intended to also require a violation of section 119.07(l)(c) before attorney’s fees can be awarded. For all these reasons, we decline to import a “good faith” or “reasonableness” requirement into section 119.12, which does not contain any such language.' If an individual is required to enforce his or her entitlement to public records through the filing of a civil action and prevails, the purpose of the statute is frustrated if the prevailing...

...Act in the first place — and not, as the Third District stated in Knight Bidder, to “the soundness of its position in refusing production.” 808 So.2d at 1269 . This is best demonstrated *129 in the penultimate pronouncement of the PHH opinion: Section 119.12(1) is designed to encourage public agencies to voluntarily comply with the requirements of chapter 119, thereby ensuring that the state’s general policy is followed....

...3d DCA 1988) ] and [News & Sun-Sentinel Co. v. Palm Beach County, 517 So.2d 743 (Fla. 4th DCA 1987),] in which a unit of government that unquestionably meets the statutory definition of an agency refuses to allow the inspection of its records. However, section 119.12(1) was not intended to force private entities to comply with the inspection requirements of chapter 119 by threatening to award attorney’s fees against them....

...untarily comply with the requirements of chapter 119.” Id. As we stated in PHH, the “purpose of the statute is served by decisions” such as the Fourth District’s decision in Sun-Sentinel that rejected an added “good faith” requirement in section 119.12 when “a unit of government that unquestionably meets the statutory definition' of an agency refuses to allow the inspection of its records.” PHH, 616 So.2d at 29 (footnote omitted)....

...would be seriously diluted.” Sun-Sentinel, 517 So.2d at 744 . Although this Court in PHH disapproved Sun-Sentiñel and Brunson, it did so only “to- the extent that either Brunson or Sun-Sentinel would permit the award of attorney’s fees under section 119.12(1) without a determination that the refusal was unlawful.” PHH, 616 So.2d at 30 . While there are statements in PHH that may have inadvertently resulted in confusion for the district courts of appeal, our decision in PHH is entirely consistent with our interpretation of section 119.12 here....

...Even if not malicious or done in bad faith, the Pension Fund’s actions— which were found to be unlawful — had the effect of frustrating Lee’s constitutional right to access public records and required him to turn to the courts to vindicate that right. Reasonable attorney’s fees should have been awarded pursuant to section 119.12 for the Pension Fund’s violation of the Public Records Act....

reasonable costs of enforcement pursuant to section 119.12.” Id. The matter was reversed and remanded

...ed with Herbits’s public records request, entered an order that retained jurisdiction to determine, presumably at a later date: (i) the City’s compliance with chapter 119, and (ii) whether Herbits was entitled to attorney’s fees pursuant to section 119.12 of the Florida Statutes. On October 10, 2013, Herbits filed a motion in the trial court captioned, “Plaintiff’s Motion for Attorney’s Fees and Costs Pursuant to Section 119.12(1), Florida Statutes and Other Relief” (“Herbits’s Motion”). Herbits’s Motion alleged, among other things, that: (i) the records the City had produced, in July 2013, were not fully-compliant with the June 7th Request...

...unreasonable delay. CAFI specifically asked the court to enter an order declaring Wantman to be in breach of its duty to permit access to public records, compelling Wantman to provide access to such records, and awarding CAFI attorney’s fees and costs, pursuant to section 119.12, Florida Statutes (2014). Wantman answered on June 4, 2014, denying that it ever received a public records request....

...such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys’ fees. § 119.12, Fla....

...nty, and municipal records shall be open for personal inspection by any person.’” Office of State Attorney for Thirteenth Judicial Circuit of Fla. v. Gonzalez, 953 So. 2d 759, 763 (Fla. 2d DCA 2007) (quoting § 119.01(1), Fla. Stat. (2002)). Section 119.12 provides for attorney’s fees if the court determines that the failure to provide records in response to a request amounted to an unlawful refusal....

...agency unjustifiably fails to respond to a public records request by delaying until after the enforcement action has been commenced. -4- Gonzalez, 953 So. 2d at 764. “Unlawful refusal under section 119.12 includes not only affirmative refusal to produce records, but also unjustified delay in producing them.” Yasir v....

...The Authority admitted that the records were subject to disclosure, and after an eviden-tiary hearing, the court ordered the Authority to provide them to Mr. Lilker within forty-eight hours. The court declined, however, to award Mr. Lilker his attorney’s fees and costs under section 119.12, Florida Statutes (2012), because it determined that the Authority’s failure to furnish the records before Mr....

...Lee v. Bd. of Trustees, 113 So.3d 1010, 1010 (Fla. 1st DCA 2013), and did not definitively state whether it otherwise found a violation of the law. The proper question before the court on Mr. Lilker’s request for attorney’s fees and costs under section 119.12 was whether the Authority unlawfully refused to produce records, not whether any such refusal was willful. See Lee, 113 So.3d at 1010 . Unlawful refusal under section 119.12 includes not only affirmative refusal to produce records, but also unjustified delay in producing them....

...the City here are subject to chapter 119. § 119.011(2), Fla. Stat. (2006). V. We do not, however, disturb the judgment under review to the extent that it declined to award attorney's fees to B & S. Our supreme court has placed a definitive gloss on section 119.12, Florida Statutes (2006), which reads: If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected or...

...to a bit of frustration in attempting to apply the case law that has developed in this area." It follows that B & S failed to prove that BDI did not act in good faith in failing to produce the records B & S sought. Under binding precedent, therefore, BDI did not "unlawfully refuse[]" to permit inspection of its records. § 119.12, Fla....

...he course of this litigation. (Tr. II at 205; Ex. 193.) Thus, Jackson-Shaw's prayer for injunctive relief to require the Authority to produce all records responsive is moot. The remaining, relief requested, reasonable attorney's fees, is governed by Section 119.12: Attorney's fees....

...determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award against the agency responsible, the reasonable costs of enforcement including reasonable attorneys' fees. Fla. Stat. § 119.12 (2006)....

...2d DCA 1992). Nor is this a situation where the public agency refused production of the requested documents. See Knight Ridder, Inc. v. Dade Aviation Consultants, 808 So.2d 1268 (Fla. 3d DCA 2002). The Court concludes that based upon the evidence presented, Section 119.12 is not *738 applicable because this was not an action filed to enforce Chapter 119....

...However, inasmuch as it is unclear from the evidence whether Jackson-Shaw obtained the remaining requested documents before or after March 30, 2006 when it first filed its claim under Chapter 119, the Court also addresses whether JAA's delay in producing all responsive documents constitutes an "unlawful refusal" under Section 119.12. "An unjustified delay in complying with a public records request amounts to an unlawful refusal under section 119.12(1), Florida Statutes." Mazer, 811 So.2d at 860....

...n's defense, that the delay in production of the records was caused by either the intentional wrongdoing or ineptitude of its Town clerk, amounts to an unlawful refusal and is not a valid basis for denying recovery of attorneys' fees and costs under section 119.12(1)." Barfield, 675 So.2d at 225....

...Court cannot say that an inadvertent failure to include all documents in its otherwise timely and substantial response equates to an "unjustified delay" or "unlawful refusal" to permit a public record to be inspected. [44] The policy to be served by Section 119.12, requiring attorneys' fees as a sanction for unlawful refusal to provide records, is not applicable....

...riting and with particularity. Thank You. On March 4, 2014, four months after sending the email request, the plaintiff filed a lawsuit against the county. The complaint sought injunctive relief, a writ of mandamus and an award of attorney fees under section 119.12, Florida Statutes (2013)....

...Rather, the issue we must decide is whether the county’s belated compliance with the plaintiff’s request is the functional equivalent of an unlawful refusal. The records have been provided at this point, so our decision on this issue will determine only the entitlement to attorney fees. Section 119.12 addresses the issue of fees as follows....

...The court must determine that the agency has “refused” to provide the records and the refusal must be “unlawful.” We acknowledge that in some circumstances a delay in disclosing records can rise to the level of a refusal. For example, a trial court may properly award attorney fees under section 119.12 if there was no good reason for the delay....

...Likewise, it would be proper to award fees if the records were not provided until after the need for them had passed. See Grapski v. City of Alachua, 31 So.3d 193 (Fla. 1st DCA 2010). However, it is equally clear that a delay does not in and of itself create liability under section 119.12....

...ic records available violates Florida’s public records law. See, e.g., Barfield v. Town of Eaton-ville, 675 So.2d 223, 224 (Fla. 5th DCA 1996) (“An unjustified delay in complying with a public records request amounts to an unlawful refusal under section 119.12(1)”)....

...easonable attorney's fee" — indicates that appellate fees are awarded automatically without the need for a motion in the appellate court. In Downs v. Austin, 559 So.2d 246 (Fla. 1st DCA), rev. denied, 574 So.2d 140 (Fla. 1990), this court held that section 119.12, Florida Statutes (1985), which employs identical mandatory language to authorize recovery of attorney's fees in public records cases, only permits the recovery of appellate attorney's fees in accordance with the appellate rules....

...Tony Gary appeals the trial court's summary denial of his motion to compel compliance with a public records request. The state provided Gary with the document he requested in its answer brief. We affirm but remand the case with directions to the court to determine whether Gary is entitled to costs pursuant to section 119.12, Florida Statutes (2007)....

...Miller (collectively “Appellees”), pursuant to Chapter 119, Florida Statutes, the “Public Records Act.” Cookston’s petition also included a request to be reimbursed for his costs, consisting of postage, envelopes, and copying costs pursuant to section 119.12, Florida Statutes (2015)....

...The trial court found the petition moot because Appellees provided the requested documents to Cookston shortly after he filed his petition. We hold that Cookston’s petition was not moot because the court did not determine whether he was entitled to reasonable costs of enforcement pursuant to section 119.12....

...ail communications that may not have been initially produced.” Cookston nonetheless filed a reply and moved for rehearing, asserting in both pleadings that he was entitled to an award for the reasonable costs of enforcing his rights pursuant to section 119.12.1 The trial court denied his motion. “An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect....

...ved a copy of the Code he requested. Id. This Court reversed and concluded that “although the production of the Code rendered moot [plaintiff’s] request for the Code, it did not render moot his request for [attorney’s] fees” under section 119.12, Florida Statutes (1999). Id. at 859-60. Section 119.12 provides that if a plaintiff files an action to enforce the provisions of Chapter 119 and “the court determines that [the] agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award . . . the reasonable costs of enforcement . . . .” § 119.12, Fla. Stat. (2015). The Mazer court explained that “[t]he purpose of [section 119.12] is to encourage public agencies to voluntarily comply with the requirements of Chapter 119, thereby ensuring that the state’s general policy is effectuated.” Mazer, 811 So....

...“An unjustified delay in complying with a public records request amounts to an unlawful refusal under” the section. Id. (quoting Barfield, 675 So. 2d at 224). “However, it is equally clear that a delay does not in and of itself create liability 4 under section 119.12.” Consumer Rights LLC v....

...trial court did not make a determination as to whether Orange County’s withholding of the record until after the suit was filed was unlawful. Mazer, 811 So. 2d at 860. The case was remanded “for further proceedings to determine whether [plaintiff was] entitled to fees pursuant to section 119.12, Florida Statutes.” Id....

...4th DCA 1996) (“Production of the records after the lawsuit was filed did not moot the issues raised in the complaint. We remand for an evidentiary hearing on the issue of whether, under the facts of this case, there was an unlawful refusal of access to the records within the meaning of section 119.12(1), Florida Statutes (1995).”). We remand this case for further proceedings to determine whether Appellees’ delay in producing the requested records amounts to an unlawful refusal under section 119.12....

...and reasonable. But, instead, the unjustified delay arose from the State Attorney’s decision to make the records available for inspection and copying in Live Oak, instead of in Lake City. The court awarded Mr. Johnson his attorneys’ fees and costs under § 119.12, Florida Statutes, including a 1.5 fee multiplier corresponding to the hours spent by Mr....

...Carson, nor do they dispute that the response made the records available in Live Oak, instead of Lake City. We review de novo the trial court’s conclusion that these circumstances amounted to an unlawful refusal to provide the records under Florida’s Public Records Act. § 119.12, Fla....

...records.” § 119.07(1)(a), Fla. Stat. (2010). “A custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith.” § 119.07(1)(c), Fla. Stat. (2010). Section 119.12, Florida Statutes (2010), provides for reasonable costs and attorney fees if a court determines that an agency “unlawfully refused” to permit a public record to be inspected or copied. Violations of the Public Records Act en...

...n producing them.” Lilker v. Suwannee Valley Transit Auth., 133 So. 3d 654, 655-56 (Fla. 1st DCA 2014); Promenade D’Iberville, LLC v. Sundy, 145 So. 3d 980, 983 (Fla. 1st DCA 2014). But “a delay does not in and of itself create liability under section 119.12.” Consumer Rights, LLC v....

within the meaning of section 119.12(1)(a), Florida Statutes (2018). Section 119.12 provides: *463(1) If

inspection under s.119.07, F. S. Cf. AGO 074-351. Section 119.012, however, is not applicable to the instant

...ts. . Prior to the hearing, the Herald filed an Answer, Counterclaim and Cross-claim asserting their right to receive all photographs in the possession of the City and the County which the USAO had given to the defendants in Camacho. . See Fla.Stat. § 119.12 (1982 & Supp.1990)....

...to support its summary denial of the motion. Mandamus is an appropriate means of compelling compliance with the Public Records Act. Weeks v. Golden, 764 So. 2d 633, 634 (Fla. 1st DCA 2000). A party is entitled to “the reasonable costs of enforcement” under section 119.12, Florida Statutes (2013), when “such agency unlawfully refused to permit a public record to be inspected or copied[.]” “Unlawful refusal under section 119.12 includes not only affirmative refusal to produce records, but also unjustified delay in producing them.” Lilker v. Suwanee Valley Transit Auth., 133 So....

...requested documents. The order denying the petitioner’s motion to tax costs does not address this delay. Thus, we are unable to surmise whether the Clerk’s refusal/delay was justified. If not, then the petitioner would be entitled to his costs pursuant to section 119.12. Lilker, 133 So. 3d at 655-56. Although section 119.12 provides a basis for costs associated with enforcing compliance with the Public Records Act, some postage, envelope and copying costs can also be awarded to a party who is incarcerated so long as those costs are reasonable....

...We affirm as to Ellis’ cross-appeal of the trial court’s denial of . his request for attorney’s fees, because EDO’s obligation to provide the requested documents was disputed in good faith. Therefore, attorney’s fees were not recoverable under section 119.12, Florida Statutes (2013)....

enforcement including a reasonable attorney's fee. Section 119.12, F.S. (1984 Supp.). See also, s. 119.10, F

...affirm the final judgment in all other respects. Background In 2019, Woliner filed against the Department and several of its employees a complaint to enforce the Public Records Act, seeking in part an award of attorney’s fees and costs pursuant to section 119.12, Florida Statutes....

...��very minor” “technical violation,” and by untimely producing some of the public records that were responsive to Woliner’s public records requests. The trial court further found that Woliner was not entitled to an award of costs pursuant to section 119.12 because he did not satisfy the statutory notice requirement....

...party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment; but this section does not apply to executors or administrators in actions when they are not liable for costs.” By contrast, section 119.12, Florida Statutes (2019), provides in part as follows: (1) If a civil action is filed against an agency to enforce the provisions of this chapter, the court shall assess and award the reasonable costs of enforcement,...

...odian of public records, excluding Saturday, Sunday, and legal holidays, and runs until 5 business days have elapsed. Prior to the latest amendment that went into effect on May 23, 2017, the statute did not contain a notice requirement. See § 119.12, Fla....

...shareholder derivative action could seek an award of costs under the less demanding provisions of Rule 1.420 and section 57.041, evading the more stringent requirements of section 617.07401(5) and rendering that statutory provision meaningless.” Id. at 1140. Sections 119.12 and 57.041 both address entitlement to costs, but they impose different requirements. Section 119.12 authorizes an award of “the reasonable costs of enforcement, including reasonable attorney fees,” that are “directly attributable to a civil action brought to enforce the provisions of” chapter 119. See § 119.12(1), (4), Fla. Stat. Section 57.041, on the other hand, authorizes an award of “legal costs and charges” in civil actions generally, and those costs do not include attorney’s fees. See Price v. Tyler, 890 So. 2d 246, 252 (Fla. 2004). Section 119.12 authorizes an award of costs against the responsible agency, i.e., the losing 4 defendant, whereas section 57.041 authorizes costs against the losing party. Most pertinent to this case, unlike section 57.041, section 119.12 imposes conditions that must be met before a court can award costs, one of which is that the complainant must have provided “written notice identifying the public record request to the agency’s custodian of public records at least 5 business days before filing the civil action,” with certain exception. Because section 119.12 is both the more recently enacted and the more specific statute, addressing with particularity the award of costs in cases such as this brought to enforce the Public Records Act, we hold that it controls the complainant’s entitlement to an award of costs and that the general provision of section 57.041 is inapplicable. A ruling to the contrary would render meaningless the requirements imposed under section 119.12. Because the trial court correctly found that Woliner was not entitled to an award of costs pursuant to section 119.12 given his failure to satisfy the statutory notice requirement, he was not entitled to any award of costs. Conclusion Therefore, we reverse the portion of the trial court’s final judgment awarding $5,...

...nsive and burdensome. Id. The end game of the scheme was not to have the Town’s public records actually released, but to obtain attorney’s fees for the O’Boyle Law Firm. Id. In that regard, Florida’s Public Records Act, Fla. Stat. § 119.12, contains an attorney’s fees provision that potentially applied when CAFI filed its lawsuits against the Town to enforce the production of public records. Section 119.12 provides that the state court shall award the reasonable costs of enforcement, including reasonable attorney’s fees, against the custodian if the state court determines that: (a) the custodian unlawfully refused to permit a public record to be inspected or copied; and (b) the complainant provided written notice identifying the public record request to the custodian at least five business days before filing the civil action. Fla. Stat. § 119.12(1)(a), (b). “Unlawful refusal under [§] 119.12 includes not only affirmative refusal to produce records, but also unjustified delay in producing them.” Yasir v....

...es not recover attorney’s fees (and instead has to pay attorney’s fees) if the state court determines that the complainant requested to inspect or copy a public record or participated in the civil action for an “improper purpose.” Fla. Stat. § 119.12(3)....

...ic-records requests. As this court pointed out in Weeks I, an unjustified failure to respond to a public-records request until after an action has been commenced to compel compliance constitutes an unlawful refusal for purposes of a cost award under section 119.12(1), Florida Statutes (1997)....

their petition for attorney’s fees pursuant to Section 119.12(1), Florida Statutes. We affirm. Appellant

...City of Hallandale Beach, 361 So. 3d 348 (Fla. 4th DCA 2023) (holding that a requestor’s single written request for public records could not serve as the “written notice identifying the public records request” required to recover attorney’s fees under section 119.12(1)(b), Florida Statutes). ROWE, RAY, and WINOKUR, JJ., concur.  _____________________________ Not final until disposition of any timely and authorized motion under Fla....

reasonable attorneys’ fees. Id. at 339 (quoting § 119.12, Fla. Stat. (2014)). We emphasized that a fees

...The agreement provided further that in the event of a court award of fees, the attorney would first reimburse the appellees for attorney's fees and costs already paid and retain any excess. Id. The trial court awarded the appellees attorney's fees under section 119.12, Florida Statutes (1987)....

moved to recover its attorneys' fees under section 119.12(1) on the ground that the

...to furnish copies of records when the person requesting them identifies the portions of the record with sufficient specificity to permit the custodian to identify the record and forwards the fee.” Woodard v. State, 885 So.2d 444, 445-46 (Fla. 4th DCA 2004). Section 119.12 authorizes an award of attorney’s fees to a party who succeeds in a civil action to overcome an agency’s unlawful refusal to permit public records to be inspected or copied: 119.12....

...(The Florida Public Record Act), is, in the court’s view, frivolous and utterly without merit. Accordingly, certiorari is granted and fees in amount of $2,000.00 are awarded to the petitioner pursuant to Section 57.105, Florida Statutes (1978) and Section 119.12, Florida Statutes (1975)....

...1st DCA 2014). However, we write to assist the trial court in its considerations on remand. The order, in its current form, fails to specify the party liable for the payment of the fees and costs or the statutory or contractual basis for fee entitlement. Presumably, the trial court relied upon section 119.12, Florida Statutes, as a basis for the award. However, this statutory subsection is not applicable, and the parties conceded as much during oral argument....

...hose portions of excel spreadsheets which reveal “prospective providers” and the geoaccess maps, in their entirety. We do not rule as to the entitlement of attorney’s fees and costs as that portion of the order 5 FHKC further asserts that section 119.12, Florida Statutes, does not apply as a basis for attorney fees and costs as it is not an “agency.” 9 is a non-final, non-appealable order....

JOANOS, Judge. Ernest Charles Downs has appealed an order of the trial court denying his motion for attorney’s fees pursuant to Section 119.12, Florida Statutes (1985), the Public Records Act....

...production under the Act. Downs appealed to this court, which reversed and directed issuance of the writ. See Downs v. Austin, 522 So.2d 931 (Fla. 1st DCA 1988). Downs then filed with the trial court the instant motion for attorney’s fees, citing Section 119.12(1), Florida Statutes (1985): If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected, examined, or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys’ fees. Section 119.12(2) further provides that “[w]henever an agency appeals a court order requiring it to permit inspection of records pursuant to this chapter and such order is affirmed, the court shall assess a reasonable attorney’s fee for the appeal against such agency.” The trial court denied Downs’ motion. Noting that “attorney’s fees by statute is a derogation of common law and thus must be strictly construed,” the court interpreted Section 119.12(1) to allow a trial fee only when access was granted at the trial level, and an appellate fee only when an agency unsuccessfully appealed an order granting access....

...spection by any person.” § 119.01, Fla.Stat. (1985). Further, the Act is to be liberally construed in favor of open government to the extent possible in order to preserve our basic freedom. Downs v. Austin, 522 So.2d 931, 933 (Fla. 1st DCA 1988). Section 119.12, a part of the Act and intended as a tool for its enforcement, see Florida Patient’s Compensation Fund v....

...4th DCA 1987) that “[i]t is appropriate that a member of the public commencing litigation to enforce disclosure and whose right to disclosure is ultimately vindicated by court order at least have his attorney’s fees reimbursed for that endeavor.” News and Sun-Sentinel at 744. We therefore find that Section 119.12(1) is properly construed to permit an award of trial-level attorney’s fees, upon motion properly filed in the trial court, after an appellate ruling that the trial court has incorrectly held lawful an agency’s denial of access. Further, the provision in Section 119.12 for an award of appellate fees when an agency unsuccessfully appeals an order granting access does not bar a plaintiff from obtaining appellate fees for successfully appealing a denial of access....

...ate rules. We therefore find that appellant is entitled to *248 reasonable fees for services rendered during the trial-level enforcement action only. Appellant has moved for attorney’s fees for services rendered in the instant appeal, again citing Section 119.12(1), Florida Statutes....

appellant’s motion for attorney’s fees under section 119.-12(1), Florida Statutes (1981). That section provides

...ed a copy of the Code he requested. Id. This court reversed and concluded that, “although the production of the Code rendered moot [plaintiff’s] request for the Code, it did not render moot his request for [attorney’s] fees” under section 119.12, Florida Statutes (1999). Id. at 859. Section 119.12 provides that, if a plaintiff files an action to enforce the provisions of Chapter 119 and “the court determines that [the] agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award . . . the reasonable costs of enforcement including reasonable attorneys’ fees.” § 119.12, Fla. Stat. (2014). “The purpose underlying [section 119.12] is to encourage public agencies to voluntarily comply 5 with the requirements of Chapter 119, thereby ensuring that the state’s general policy is effectuated.” Mazer, 811 So....

...trial court did not make a determination as to whether Orange County’s withholding of the record until after the suit was filed was unlawful. Id. The case was remanded “for further proceedings to determine whether [plaintiff was] entitled to fees pursuant to section 119.12, Florida Statutes.” Id.; see also Puls v....

...4th DCA 1996) (“Production of the records after the lawsuit was filed did not moot the issues raised in the complaint. We remand for an evidentiary hearing on the issue of whether, under the facts of this case, there was an unlawful refusal of access to the records within the meaning of section 119.12(1), Florida Statutes (1995).”)....

...Accordingly, the Board asserts that Green’s delay in providing the records until the investigation was completed was not an unlawful refusal to permit inspection of public records which would subject the Board to payment of Appellant’s attorney’s fees and costs under section 119.12....

to justify an award of attorney’s fees under Section 119.12(1), Florida Statutes (1977) was a question

...place since entry of the order and advising that if no such record activity occurred within 60 days following service of the notice, the action would be dismissed. In response, the County filed its motion for attorney’s fees and costs pursuant to section 119.12(1), Florida Statutes (2021)....

...It was therefore error for the court to deny the County’s motion for attorney’s fees as untimely. We reverse the order denying the County’s motion and remand this matter to the trial court to determine whether the County is entitled to an award of fees under section 119.12(1)(a), Florida Statutes. REVERSED and REMANDED. WALLIS and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla....

...Id. On appeal, however, the Fifth District determined the case was not rendered moot because the trial court did not decide whether Orange County’s withholding of the record until after suit was filed was unlawful; if it was, then the plaintiff would have been entitled to attorney fees under section 119.12, Florida Statutes. Id. at 859; see also § 119.12, Fla....

...502014CA008076. Jonathan R. O’Boyle of The O’Boyle Law Firm, P.C., Deerfield Beach, for appellant. Jeffrey L. Hochman and Hudson C. Gill of Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., Fort Lauderdale, for appellee. GROSS, J. Section 119.12, Florida Statutes (2014), 1 provides that in a civil action where a court determines that an agency has “unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award, against the agency res...

...including reasonable attorneys’ fees.” This case addresses the scope of the phrase “reasonable costs of enforcement.” We hold that the statute does not provide for (1) an award 1 In their briefs, the parties quote language from the current version of section 119.12, but the civil action in this case originated under the 2014 version of the statute. The amended version of section 119.12 applies only to public records requests made on or after May 23, 2017....

...December 18, 2018, finding that the Town’s initial response to the public records request was incomplete, “thereby entitling [appellant] to recover from the Town [his] reasonable costs of enforcement, including reasonable attorneys’ fees” under section 119.12 of the Public Records Act. The Attorney’s Fee Hearing Appellant moved for an award of his reasonable costs of enforcement, including attorney’s fees and costs. The Town sought a substantial reducti...

...associate attorneys working for Pettis can be charged, or taxed, to the [Town].” 3  The court ruled that appellant could not recover fees for the time spent by Pettis’s non-testifying associates. Under Section 119.12, Florida Statutes (2014), Appellant is Not Entitled to Recover Attorney’s Fees for Litigating the Amount of the Fee Award Appellant argues that he should have been awarded fees for the post- judgment litigation directed at the amount of fees to be awarded. We conclude that section 119.12 does not authorize an award of fees for litigating the amount of the fee award. A claim for attorney’s fees pursuant to a statute has three potential components: (1) time spent litigating the case on the merits; (2) time spent l...

...ing the amount of attorney’s fees. See Mallas v. Mallas, 326 So. 3d 704, 705 (Fla. 4th DCA 2021). The term “fees for fees” is shorthand for time spent litigating the amount of attorney’s fees. Id. The operative fee statute in this case, section 119.12, Florida Statutes (2014), mandates an award of the reasonable costs of enforcement, including attorney’s fees, if a party brings a civil action against an agency “to enforce the provisions of this chapter” and if the court determ...

...such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys’ fees. § 119.12, Fla. Stat. (2014). In construing section 119.12 we have tacked closely to the statutory language. Thus, in News & Sun-Sentinel Co. v. Palm Beach County, 517 So. 2d 743 (Fla. 4th DCA 1987), we held that attorney’s fees are recoverable under section 119.12 where access to public records is denied based upon a good faith but mistaken belief that the documents involved 4 are exempt from disclosure....

...3d DCA 2003); Oruga Corp. v. AT&T Wireless of Fla., Inc., 712 So. 2d 1141, 1145 (Fla. 3d DCA 1998). 3 The Florida Supreme Court later disapproved of News & Sun-Sentinel to the extent that the decision “would permit the award of attorney’s fees under section 119.12(1) without a determination that the refusal was unlawful.” N.Y....

...language in Schnieder.” Id. at 707. We reasoned that “[a]ny extension of that statute to provide for the award of those litigation fees should come from the legislature, and not this court.” Id. One appellate case, construing an earlier version of section 119.12, declined to award “fees for fees.” In Downs v. Austin, 559 So. 2d 246 (Fla. 1st DCA 1990), a pre-Palma case, the court construed section 119.12(1), Florida Statutes (1985), which is nearly identical to the 2014 version of section 119.12....

...One of the holdings of Downs is that “[n]o fee is authorized for efforts expended to obtain the statutory fee.” Id. at 248. Although Downs is arguably inconsistent with Palma’s reasoning to the extent that Downs disallows fees for efforts expended to establish entitlement to the statutory fee under section 119.12, Downs clearly bars an award of fees expended to litigate the amount of the statutory fee. In the years following Downs, the legislature has amended section 119.12 twice; neither amendment addressed the issue of “fees for fees.” See Ch....

...a pre-suit notice requirement and a prohibition on an award of attorney’s fees to the complainant if the court determines the request was for an improper purpose). 6  We thus approach the 2014 version of section 119.12 against a legal backdrop that limits those situations where a statute is read to allow fees for litigating the amount of attorney’s fees. The general rule in Florida is that attorney’s fees may not be awarded for litigating the amount of the fees. Nothing in the text of section 119.12 suggests that we should deviate from the general rule. We reject appellant’s textual argument that “fees for fees” are authorized because section 119.12 mandates attorney’s fees for enforcing the “provisions” of Chapter 119, and 119.12 is one such “provision.” We do not read the use of the plural word “provisions” as reflecting a legislative intent to allow “fees for fees.” Section 119.12 states that in a civil action “to enforce the provisions of this chapter,” the “reasonable costs of enforcement” shall be assessed against an agency if the court determines that the agency unlawfully refused a public records request. § 119.12, Fla....

...2019). The statutory reference to an action “to enforce the provisions of this chapter” means an action to compel the agency’s compliance with the provisions of Chapter 119. Chapter 119 concerns the disclosure of public records. An action under Chapter 119 does not seek to compel the agency’s compliance with section 119.12 itself. Section 119.12 is not a mandate directed to the agency; it is a fee-shifting provision that applies when an agency violates another provision in Chapter 119. Unlike other provisions of Chapter 119, an agency cannot “violate” section 119.12. The word “provisions” in section 119.12 is best understood as a generic plural term with no added significance regarding “fees for fees.” As the Town points out, the identical plural language is used elsewhere in another portion of the statute that has nothing to do with attorney’s fees....

...(2014) (“Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing . . . .”). Significantly, the legislature has not acted since Downs or Palma to address the issue of “fees for fees” under section 119.12....

...Sawczak, 791 So. 2d 1078, 1081 (Fla. 2001) (“Long-term legislative inaction after a court construes a statute 7 amounts to legislative acceptance or approval of that judicial construction.”). Section 119.12 is a sufficient deterrent to noncompliance with public records requests without interpreting it as authorizing an award of “fees for fees.” As the Palma court reasoned, litigating the amount of attorney’s fees inures solely to the attorney’s benefit....

...Section 92.231(2) authorizes an award of an expert witness fee to an expert who “shall have testified in any cause.” The express language of the statute does not extend to the expert’s non-testifying assistants. We do not read the general language of section 119.12—“reasonable costs of enforcement”—as expanding upon the specific language in section 92.231(2). Rather, reading the two statutes together, we conclude that only an expert witness fee authorized under section 92.231(2) qualifies as a reasonable cost of enforcement under section 119.12. Finally, we reject appellant’s argument that the fees attributable to the expert’s assistants are recoverable under section 57.104, Florida Statutes (2020)....

...ard the reasonable costs of enforcement, including reasonable attorney fees, against the responsible agency if the court determines,” among other things, that the “agency unlawfully refused to permit a public record to be inspected or copied.” § 119.12(1)(a), Fla....

...received no assistance from a lawyer. Comment to R. Regulating Fla. Bar 4-1.2. The comment further provides that, “[r]egardless of the circumstances, a lawyer providing limited representation forms an attorney-client relationship with the litigant[.]” Id. Section 119.12(1) states that the reasonable costs of enforcement include “reasonable attorney’s fees.” The statute does not distinguish between “pre-appearance” and “post-appearance” attorney’s fees....

...The Florida Supreme Court has expressly allowed this type of limited representation, which does not obligate the lawyer to sign the pleading. In sum, we conclude that Jonathan O’Boyle’s assistance of appellant before entering a notice of appearance is included in the “reasonable costs of enforcement” under section 119.12 because (1) an attorney-client relationship existed from the outset of the case, (2) the Town was on notice that an attorney was assisting appellant and that appellant was claiming attorney’s fees, and (3) Jonathan O’Boyle’s pre-appearance labor assisted with the enforcement of Chapter 119....

...Reiter of Wicker Smith O’Hara McCoy & Ford, P.A., Fort Lauderdale, for appellee Rasier-DC, LLC. DAMOORGIAN, J. In this public records case, B&L Service, Inc. (“Yellow Cab”) appeals the order denying its motion for attorney’s fees under section 119.12, Florida Statutes (2016)....

...Importantly, Yellow Cab did not cross-appeal the trial court’s express ruling in the final order that Broward County did not violate the Public Records Act. After we issued our mandate in Rasier I, the trial court addressed Yellow Cab’s pending motion for attorney’s fees against Broward County pursuant to section 119.12, Florida Statutes (2016)....

...4th DCA 2018), it found that Broward County’s refusal to produce the unredacted reports could not be unlawful because it was based on the “trade secret” exemption contained in section 815.045, Florida Statutes (2016). This appeal follows. Section 119.12, Florida Statutes (2016), allows for an award of attorney’s fees to a prevailing party who files a civil action against a public agency to enforce Florida’s public records laws. By its terms, section 119.12 only allows for fees “if the court determines that [the] agency unlawfully refused to permit a public record to be inspected or copied.” Id. A refusal is unlawful, in turn, “when a court determines that the reason 1 As we exp...

...This ruling, which was final in nature and unaltered by the rehearing order, was undoubtedly unfavorable to Yellow Cab. By failing to cross-appeal that unfavorable portion of the final order, Yellow Cab has waived its right to challenge that ruling in this subsequent appeal. As an award of attorney’s fees under section 119.12 is predicated on a finding that the public agency violated a provision of the Public Records Act, Yellow Cab’s argument that it is entitled to attorney’s fees under the statute must necessarily fail....

...e court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall access and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys’ fees. § 119.12, Fla. Stat. (2009) (emphasis added); see also New York Times Co. v. PHH Mental Health Servs., Inc. 616 So.2d 27, 29 (Fla.1993) (“Section 119.12(1) is designed to encourage public agencies to voluntarily comply with the requirements of chapter 119-If public agencies are required to pay attorney’s fees and costs to parties who are wrongfully denied access to the records of such agencies, then the agencies are less likely to deny proper requests for documents.”). Whether a person is entitled to fees and costs under section 119.12, is a matter of law reviewed de novo and, per the statute, depends on whether the agency’s refusal was lawful....

...4th DCA 1987), disapproved on other grounds, PHH Mental Health Servs., Inc., 616 So.2d 27 , this Court finds that the Sheriffs delay in complying with Alt-house’s request until after the filing of his suit amounted to an “unlawful refusal” under section 119.12, for which fees and costs are to be awarded....

...ncurred and, if so, award those costs to Althouse. Reversed and remanded with direction. POLEN and CONNER, JJ., concur. . See Weeks v. Golden (Weeks I), 764 So.2d 633, 635 (Fla. 1st DCA 2000) (reviewing a trial court's denial of costs and fees under section 119.12 without any deference to the trial court’s findings); cf....

...We explained that, if the clerk’s refusal or delay in responding to the request was unjustified, then appellant would be entitled to costs. Id. at 108 . We further explained that, as an incarcerated litigant, appellant could be awarded reasonable postage, envelope, and copying costs under section 119.12, Florida Statutes....

...Thus, this court affirmed in part and reversed in part. The Florida Supreme Court denied review. Davis v. Sarasota County Public Hospital Board, 488 So.2d 829 (Fla.1986). The present appeal is from the trial court’s subsequent denial of appellant’s request for attorney’s fees made pursuant to section 119.12(1). One of the issues raised on this appeal concerns whether the version of section 119.12(1) which was in effect before the 1984 amendment to that section applies to appellant’s request for attorney’s fees, as appellee contends, or whether, as appellant contends, that amendment applies....

...hose portions of the record the custodian asserts are exempt.”); see also Barfield v. Town of Eatonville, 675 So. 2d 223 (Fla. 5th DCA 1996) (“An unjustified delay in complying with a public record request amounts to an unlawful refusal under section 119.12(1), Florida Statutes.”)....

motivated by an "improper purpose." See § 119.12(3), Fla. Stat. (2021) (providing an award of attorneys'

...mera inspection by the court. After inspecting the file, the trial court released it to the personal representative. The correctness of that ruling is not challenged here. The personal representative moved for an award of attorney's fees pursuant to section 119.12, Florida Statutes (1987). The trial court entered a judgment for attorney's fees and costs against the Department. The Department has appealed. We conclude that the Department’s position is well taken and that the order under review must be reversed. Under section 119.12, attorney’s fees may be awarded “[i]f a civil action is filed against an agency to enforce the provisions of this chapte r....” Id. § 119.12(1) (emphasis added)....

inspected . . . .” § 119.12(1)(a), Fla. Stat. (2021). “Unlawful refusal under section 119.12 includes not

...e deposition. On July 25, 2022, the City filed a notice of stipulation admitting liability for an unreasonable delay in responding to Morris’s public records request. The City stipulated that Morris was entitled to attorney’s fees pursuant to section 119.12(1) of the Florida Statutes, but the City did not stipulate to an amount of fees. On September 8, 2022, the City moved for entry of final judgment in favor of Morris, requesting the trial court to enter judgment in Morris’s...

...Dunlap, Assistant General Counsels, Tallahassee, for Appellant. Robert Earl Case, Jr., Lake City, for Appellee. ROBERTS, C.J., The Appellant, the Department of Economic Opportunity, appeals the trial court’s award of attorney’s fees pursuant to section 119.12, Florida Statutes, of the Public Records Act (the Act) to the Appellee, Consumer Rights, LLC (CR)....

...nt’s motion for summary judgment. Because the attorney’s fees issue is the only issue of merit on appeal, we decline to address the Appellant’s other arguments. For similar reasons, we decline to address CR’s arguments on cross-appeal. 2 Section 119.12 provides: If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys' fees. § 119.12, Fla....

...and personally copy the record herself, using her own camera or copy machine. We rejected both arguments in Hewl-ings I. We held that an unreasonable delay in complying with a request was tantamount to a refusal to comply within the contemplation of section 119.12....

...(2015) (“If a court finds that the document or other record has been improperly withheld under this paragraph, the party seeking access to such document or record shall be awarded reasonable attorney’s fees and costs in addition to any other remedy ordered by the court.”); § 119.12....

...premature.”); Puls v. City of Port St. Lucie, 678 So. 2d 514, 514 (Fla. 4th DCA 1996) (“We remand for an evidentiary hearing on the issue of whether, under the facts of this case, there was an unlawful refusal of access to the records within the meaning of section 119.12(1), Florida Statutes (1995).”). We reverse and remand for further proceedings consistent herewith. Reversed and remanded. 3 

...The motion seeks to recover fees from appellants, the State Attorney’s Office of the Seventeenth Judicial Circuit and the School Board of Broward County. We deny the motion for attorney’s fees because neither defendant “unlawfully refused to permit a public record to be inspected or copied” within the meaning of section 119.12(1)(a), Florida Statutes (2018). Section 119.12 provides: (1) If a civil action is filed against an agency to enforce the provisions of this chapter, the court shall assess and award the reasonable costs of enforcement, including reasonable attorney fees, against...

...disclosure to the public under sections 119.071(3)(a) and 281.301(1), unless an exception to the exemption applies. The School Board’s refusal to permit disclosure was required by statute; it could not therefore be “unlawful” within the meaning of section 119.12(1)(a)....

...The trial court denied the motion despite acknowledging that disclosure had properly been ordered. The trial court determined that the Authority had not “unlawfully refused” the request, which would warrant invocation of the attorney’s fee sanction prescribed in section 119.12(1), Florida Statutes (1991)....

...quested, it follows that disclosure was improperly withheld. Accordingly, we reverse and remand to permit the trial court to determine and award an appropriate attorney’s fee and costs. Reversed and remanded. ALTENBERND and LAZZARA, JJ., concur. . Section 119.12(1) provides: If a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected, examined, or copied, the cou...

...h agencies failed even to respond to the requests. In addition to compelling provision of the records, appellant also sought a judgment for “the cost of copying, postage, filing fee(s) and court cost assessed” in obtaining the files, pursuant to section 119.12, Florida Statutes....

...facially sufficient to allege a clear legal right to the records if appellant was willing to pay for them. Given the separate requests for relief, this right should be analyzed independently from any right of recovery appellant may have pursuant to section 119.12....

...Any determination as to entitlement to costs of enforcement is premature at this time. 1 We therefore REVERSE the order of denial and REMAND to the trial court for reconsideration of the petition, 2 including whether an evidentiary hearing would be appropriate. ROBERTS and RAY, JJ., concur. . We do note, however, that while section 119.12 provides for an award of "reasonable costs of enforcement including reasonable attorneys' fees,” the costs of enforcement, such as court filing fees, etc., do not include the cost of copies of the requested records....

PER CURIAM. We affirm a judgment denying Alston’s claim for attorney’s fees for the city’s failure to disclose a public record sought pursuant to section 119.12, Florida Statutes....

required for entitlement to attorney’s fees under section 119.12(1)(b), Florida Statutes (2019); and (2) erred

PER CURIAM. We reverse the order denying appellant’s motion for attorney’s fees. Section 119.12, Florida Statutes (2009), authorizes an award of fees when an agency has “refused to permit a public record to be inspected or copied” in violation of chapter 119....

...understandably unsure of its status as an agency, New York Times Co. v. PHH Mental Health Services, Inc., 616 So.2d 27 (Fla.1993), there is no comparable requirement when agency status is not in doubt, nor has there been since the 1984 amendment of section 119.12, when the legislature removed the necessity of showing that an agency “unreasonably” refused inspection of public records....