CopyCited 872 times | Published | Supreme Court of Florida | 53 U.S.L.W. 2573, 10 Fla. L. Weekly 249, 1985 Fla. LEXIS 3238
...(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....
CopyCited 21 times | Published | Florida 5th District Court of Appeal | 25 Media L. Rep. (BNA) 2214
...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....
CopyCited 20 times | Published | Florida 5th District Court of Appeal | 2002 WL 463693
...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....
CopyCited 19 times | Published | Florida 2nd District Court of Appeal | 2001 WL 331984
...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....
CopyCited 18 times | Published | Supreme Court of Florida | 21 Media L. Rep. (BNA) 1860, 18 Fla. L. Weekly Supp. 167, 1993 Fla. LEXIS 519, 1993 WL 83090
...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...
CopyCited 18 times | Published | District Court of Appeal of Florida | 1990 WL 27944
...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...
CopyCited 14 times | Published | Supreme Court of Florida | 1995 WL 355367
..., 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....
CopyCited 13 times | Published | Florida 5th District Court of Appeal
...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....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2000 WL 423473
...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)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...[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.
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 6309, 1996 WL 324653
...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....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1159708
...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....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2560
...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....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1996 WL 486562
...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)....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2006 WL 2347321
...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....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1988 WL 44464
...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...
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1989 WL 68943
...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....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1994 WL 286990
...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)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1992 Fla. App. LEXIS 6544, 1992 WL 135053
...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....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 10909, 2011 WL 2685609
...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....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1989 WL 61120
...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...
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 638, 1996 WL 38846
...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....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2003 WL 21338617
...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....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1993 WL 415981
...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...
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 18128, 2011 WL 5560679
...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.")....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...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)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2002 WL 341607
...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...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1997 WL 43444
...any exemption. At least three separate law firms were then retained by the Authorityone for each appellantpresumably at public expense. We also note that the attorneys for the prevailing partyGuzmanare entitled to attorney's fees pursuant to section 119.12, Florida Statutes (1995)again presumably at public expense....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...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...
CopyCited 3 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 146, 44 Media L. Rep. (BNA) 1769, 2016 Fla. LEXIS 783, 2016 WL 1458515
Lee also moved for attorney’s fees under section
119.12, Florida Statutes (2009), which provides for
CopyCited 2 times | Published | District Court of Appeal of Florida
reasonable costs of enforcement pursuant to section
119.12.” Id. The matter was reversed and remanded
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 8981, 2008 WL 2403694
...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....
CopyCited 2 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 844, 2007 WL 61059
...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....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 9963, 1995 WL 558588
...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....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 2276292
...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)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 10858
postage, envelopes, and copying costs pursuant to section
119.12, Florida Statutes (2015). The trial court found
CopyCited 1 times | Published | District Court of Appeal of Florida
Mr. Johnson his attorneys’ fees and costs under §
119.12, Florida Statutes, including a 1.5 fee multiplier
CopyCited 1 times | Published | Florida 4th District Court of Appeal
within the meaning of section
119.12(1)(a), Florida Statutes (2018). Section
119.12 provides: *463(1) If
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
inspection under s.119.07, F. S. Cf. AGO 074-351. Section 119.012, however, is not applicable to the instant
CopyPublished | District Court, S.D. Florida | 18 Media L. Rep. (BNA) 1320, 1990 U.S. Dist. LEXIS 12282, 1990 WL 133194
them and in favor of the Herald pursuant to section 119.-12.6 On August 27, 1990, the USAO filed a Petition
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 13999, 2014 WL 4428083
...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....
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
enforcement including a reasonable attorney's fee. Section
119.12, F.S. (1984 Supp.). See also, s.
119.10, F
CopyPublished | Florida 1st District Court of Appeal
award of attorney’s fees and costs pursuant to section
119.12, Florida Statutes. On the parties’ competing
CopyPublished | Court of Appeals for the Eleventh Circuit
regard, Florida’s Public Records Act, Fla. Stat. §
119.12, contains an attorney’s fees provision that potentially
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21620
their petition for attorney’s fees pursuant to Section
119.12(1), Florida Statutes. We affirm. Appellant
CopyPublished | District Court of Appeal of Florida
request” required to recover attorney’s fees under section
119.12(1)(b), Florida Statutes). ROWE, RAY, and WINOKUR
CopyPublished | Florida 4th District Court of Appeal
reasonable attorneys’ fees. Id. at 339 (quoting §
119.12, Fla. Stat. (2014)). We emphasized that a fees
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 7707, 2011 WL 2091149
...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)....
CopyPublished | Florida 2nd District Court of Appeal
moved to recover its attorneys' fees under section
119.12(1) on the ground that the
CopyPublished | District Court of Appeal of Florida
entitlement. Presumably, the trial court relied upon section
119.12, Florida Statutes, as a basis for the award
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19486
appellant’s motion for attorney’s fees under section 119.-12(1), Florida Statutes (1981). That section provides
CopyPublished | District Court of Appeal of Florida | 8 Media L. Rep. (BNA) 2109, 1982 Fla. App. LEXIS 20386
to justify an award of attorney’s fees under Section
119.12(1), Florida Statutes (1977) was a question
CopyPublished | District Court of Appeal of Florida
motion for attorney’s fees and costs pursuant to section
119.12(1), Florida Statutes (2021). The HCFA responded
CopyPublished | Florida 6th District Court of Appeal
attorney fees under section
119.12, Florida Statutes. Id. at 859; see also §
119.12, Fla. Stat. (2014)
CopyPublished | District Court of Appeal of Florida
Fort Lauderdale, for appellee. GROSS, J. Section
119.12, Florida Statutes (2014), 1 provides that in
CopyPublished | District Court of Appeal of Florida
permit a public record to be inspected or copied.” §
119.12(1)(a), Fla. Stat. (2018). The issue presented
CopyPublished | District Court of Appeal of Florida
denying its motion for attorney’s fees under section
119.12, Florida Statutes (2016). For the reasons discussed
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 312, 1988 Fla. App. LEXIS 308, 1988 WL 5092
court’s denial of attorney’s fees claimed under section 119.-12(1), Florida Statutes (1984). The following
CopyPublished | Florida 1st District Court of Appeal
...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.”)....
CopyPublished | District Court of Appeal of Florida
motivated by an "improper purpose." See §
119.12(3), Fla. Stat. (2021) (providing an award of attorneys'
CopyPublished | District Court of Appeal of Florida
inspected . . . .” §
119.12(1)(a), Fla. Stat. (2021). “Unlawful refusal under section
119.12 includes not
CopyPublished | Florida 3rd District Court of Appeal
was entitled to attorney’s fees pursuant to section
119.12(1) of the Florida Statutes, but the City did
CopyPublished | Florida 1st District Court of Appeal | 2015 WL 9258293
...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....
CopyPublished | District Court of Appeal of Florida
addition to any other remedy ordered by the court.”); §
119.12. Fla. Stat. (2015) (“If a civil action is filed
CopyPublished | District Court of Appeal of Florida
access to the records within the meaning of section
119.12(1), Florida Statutes (1995).”). We reverse
CopyPublished | Florida 2nd District Court of Appeal
within the meaning of section
119.12(1)(a), Florida Statutes (2018). Section
119.12 provides: (1)
CopyPublished | District Court of Appeal of Florida
required for entitlement to attorney’s fees under section
119.12(1)(b), Florida Statutes (2019); and (2) erred
