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Florida Statute 57.111 | Lawyer Caselaw & Research
F.S. 57.111 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 57
COURT COSTS
View Entire Chapter
F.S. 57.111
57.111 Civil actions and administrative proceedings initiated by state agencies; attorneys’ fees and costs.
(1) This section may be cited as the “Florida Equal Access to Justice Act.”
(2) The Legislature finds that certain persons may be deterred from seeking review of, or defending against, unreasonable governmental action because of the expense of civil actions and administrative proceedings. Because of the greater resources of the state, the standard for an award of attorney’s fees and costs against the state should be different from the standard for an award against a private litigant. The purpose of this section is to diminish the deterrent effect of seeking review of, or defending against, governmental action by providing in certain situations an award of attorney’s fees and costs against the state.
(3) As used in this section:
(a) The term “attorney’s fees and costs” means the reasonable and necessary attorney’s fees and costs incurred for all preparations, motions, hearings, trials, and appeals in a proceeding.
(b) The term “initiated by a state agency” means that the state agency:
1. Filed the first pleading in any state or federal court in this state;
2. Filed a request for an administrative hearing pursuant to chapter 120; or
3. Was required by law or rule to advise a small business party of a clear point of entry after some recognizable event in the investigatory or other free-form proceeding of the agency.
(c) A small business party is a “prevailing small business party” when:
1. A final judgment or order has been entered in favor of the small business party and such judgment or order has not been reversed on appeal or the time for seeking judicial review of the judgment or order has expired;
2. A settlement has been obtained by the small business party which is favorable to the small business party on the majority of issues which such party raised during the course of the proceeding; or
3. The state agency has sought a voluntary dismissal of its complaint.
(d) The term “small business party” means:
1.a. A sole proprietor of an unincorporated business, including a professional practice, whose principal office is in this state, who is domiciled in this state, and whose business or professional practice has, at the time the action is initiated by a state agency, not more than 25 full-time employees or a net worth of not more than $2 million, including both personal and business investments;
b. A partnership or corporation, including a professional practice, which has its principal office in this state and has at the time the action is initiated by a state agency not more than 25 full-time employees or a net worth of not more than $2 million; or
c. An individual whose net worth did not exceed $2 million at the time the action is initiated by a state agency when the action is brought against that individual’s license to engage in the practice or operation of a business, profession, or trade; or
2. Any small business party as defined in subparagraph 1., without regard to the number of its employees or its net worth, in any action under s. 72.011 or in any administrative proceeding under that section to contest the legality of any assessment of tax imposed for the sale or use of services as provided in chapter 212, or interest thereon, or penalty therefor.
(e) A proceeding is “substantially justified” if it had a reasonable basis in law and fact at the time it was initiated by a state agency.
(f) The term “state agency” has the meaning described in s. 120.52(1).
(4)(a) Unless otherwise provided by law, an award of attorney’s fees and costs shall be made to a prevailing small business party in any adjudicatory proceeding or administrative proceeding pursuant to chapter 120 initiated by a state agency, unless the actions of the agency were substantially justified or special circumstances exist which would make the award unjust.
(b)1. To apply for an award under this section, the attorney for the prevailing small business party must submit an itemized affidavit to the court which first conducted the adversarial proceeding in the underlying action, or by electronic means through the division’s website to the Division of Administrative Hearings which shall assign an administrative law judge, in the case of a proceeding pursuant to chapter 120, which affidavit shall reveal the nature and extent of the services rendered by the attorney as well as the costs incurred in preparations, motions, hearings, and appeals in the proceeding.
2. The application for an award of attorney’s fees must be made within 60 days after the date that the small business party becomes a prevailing small business party.
(c) The state agency may oppose the application for the award of attorney’s fees and costs by affidavit.
(d) The court, or the administrative law judge in the case of a proceeding under chapter 120, shall promptly conduct an evidentiary hearing on the application for an award of attorney’s fees and shall issue a judgment, or a final order in the case of an administrative law judge. The final order of an administrative law judge is reviewable in accordance with the provisions of s. 120.68. If the court affirms the award of attorney’s fees and costs in whole or in part, it may, in its discretion, award additional attorney’s fees and costs for the appeal.
1. No award of attorney’s fees and costs shall be made in any case in which the state agency was a nominal party.
2. No award of attorney’s fees and costs for an action initiated by a state agency shall exceed $50,000.
(5) If the state agency fails to tender payment of the award of attorney’s fees and costs within 30 days after the date that the order or judgment becomes final, the prevailing small business party may petition the circuit court where the subject matter of the underlying action arose for enforcement of the award by writ of mandamus, including additional attorney’s fees and costs incurred for issuance of the writ.
(6) This section does not apply to any proceeding involving the establishment of a rate or rule or to any action sounding in tort.
History.ss. 1, 2, 3, 4, 5, 6, ch. 84-78; s. 43, ch. 87-6; s. 7, ch. 87-224; s. 21, ch. 92-315; s. 8, ch. 95-196; s. 6, ch. 96-410; s. 8, ch. 99-353; s. 6, ch. 2000-336; s. 10, ch. 2003-94; s. 2, ch. 2006-82; s. 9, ch. 2011-208.

F.S. 57.111 on Google Scholar

F.S. 57.111 on Casetext

Amendments to 57.111


Arrestable Offenses / Crimes under Fla. Stat. 57.111
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 57.111.



Annotations, Discussions, Cases:

Cases from cite.case.law:

B. JOHNSON, v. DEPARTMENT OF CORRECTIONS,, 191 So. 3d 965 (Fla. Dist. Ct. App. 2016)

. . . affect the availability of attorney’s fees under other statutes including specifically “ss. 57.105 and 57.111 . . .

P. McCLOSKEY, v. DEPARTMENT OF FINANCIAL SERVICES,, 172 So. 3d 973 (Fla. Dist. Ct. App. 2015)

. . . application to collect attorney’s fees from the Department of Financial Services (“DFS”) under section 57.111 . . . attorney’s fees as the prevailing small business party in the underlying action, pursuant to section 57.111 . . . the ALJ’s final order denying McCloskey’s application for attorney’s fees is controlled by sections 57.111 . . . The Florida Equal Access to Justice Act (FEAJA), section 57.111, Florida Statutes, provides in pertinent . . . See § 57.111(3)(e), Fla. Stat. (2011); Ag. for Health Care Admin. v. . . .

GROVE KEY MARINA, LLC s LLC, v, CASAMAYOR, v., 166 So. 3d 879 (Fla. Dist. Ct. App. 2015)

. . . and of the department and the taxpayer to settle such claims through negotiations (see ss. 57.105 and 57.111 . . .

AGENCY FOR HEALTH CARE ADMINISTRATION, v. MVP HEALTH, INC., 74 So. 3d 1141 (Fla. Dist. Ct. App. 2011)

. . . (MVP) was entitled to attorney's fees and costs under section 57.111, Florida Statutes (2010). . . . After receiving this favorable order, MVP moved for attorney’s fees pursuant to section 57.111(4)(a), . . . fees issue, DOAH issued the order on appeal awarding attorney’s fees and costs to MVP under section 57.111 . . . The “Substantial Justification” Standard Section 57.111(4)(a) states fees may be awarded in the following . . . An additional consideration when evaluating an agency’s action under section 57.111 is that the inquiry . . .

P. BOETZEL v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 32 So. 3d 780 (Fla. Dist. Ct. App. 2010)

. . . Boetzel then filed a petition for attorney’s fees and costs pursuant to section 57.111, Florida Statutes . . . Section 57.111(4)(d) states in pertinent part that the ALJ “in the case of a proceeding under chapter . . . Thus, section 57.111(4)(d) clearly provides for an evidentiary hearing to be held on a petition for attorney . . . Section 57.111 “will take the same construction in the Florida courts as its prototype has been given . . . Therefore, we need not construe section 57.111(4)(d) consistently with federal cases on this issue. . . .

W. THOMPSON, M. D. v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 7 So. 3d 1150 (Fla. Dist. Ct. App. 2009)

. . . appeals the final administrative order denying his application for attorney’s fees pursuant to section 57.111 . . . See § 57.111(4)(a). . . . Section 57.111(4)(a) provides: Unless otherwise provided by law, an award of attorney’s fees and costs . . .

HALE, v. DEPARTMENT OF REVENUE,, 973 So. 2d 518 (Fla. Dist. Ct. App. 2007)

. . . commencement of the action, and, thus, were barred from seeking attorney’s fees under either section 57.105 or 57.111 . . . and of the department and taxpayer to settle such claims through negotiations, (see ss. 57.105 and 57.111 . . .

E. SHIMKUS, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD,, 906 So. 2d 1196 (Fla. Dist. Ct. App. 2005)

. . . Shimkus responded and also filed a motion for prevailing party attorney’s fees under section 57.111, . . . Shimkus would have been had the agency adopted the recommended order, the ALJ observed that section 57.111 . . . ] request for fees and costs is denied as a matter of law and as a final order, pursuant to Section 57.111 . . .

DANIELS, v. FLORIDA DEPARTMENT OF HEALTH,, 898 So. 2d 61 (Fla. 2005)

. . . filed a petition for attorney’s fees under the Florida Equal Access to Justice Act (FEAJA), section 57.111 . . . The statute at issue in this case, section 57.111, Florida Statutes (2002), is clear and unambiguous. . . . It provides in relevant part: 57.111 Civil actions and administrative proceedings initiated by state . . . Section 57.111(3)(d)(l)(a) defines a small business party as an entity that is a sole proprietor of an . . . See § 57.111(3)(d)l.a and b, Fla.Stat. This does not encompass individual employees. . . .

DEPARTMENT OF HEALTH, BOARD OF MEDICINE, v. D. THOMAS, M. D., 890 So. 2d 400 (Fla. Dist. Ct. App. 2004)

. . . Thereafter, Appellee moved for an award of attorney’s fees and costs under section 57.111, Florida Statutes . . . Section 57.111 provides for such an award “to a prevailing small business party in any adjudicatory proceeding . . . agency were substantially justified or special circumstances exist which would make the award unjust.” § 57.111 . . . justified, having “a reasonable basis in law and fact at the time it was initiated by a state agency.” § 57.111 . . .

CASA FEBE RETIREMENT HOME, INC. d b a Is, v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 892 So. 2d 1103 (Fla. Dist. Ct. App. 2004)

. . . See § 57.111, Fla. Stat. (2002). . . . ANALYSIS Casa Febe met all the prerequisites of section 57.111 (a small business with fewer than twenty-five . . .

DELLICARPINI, v. KERR, St. d b a, 873 So. 2d 536 (Fla. Dist. Ct. App. 2004)

. . . Department concedes that Dellicarpini is entitled to attorney’s fees and costs, pursuant to section 57.111 . . .

DANIELS, v. STATE DEPARTMENT OF HEALTH,, 868 So. 2d 551 (Fla. Dist. Ct. App. 2004)

. . . . § 57.111, Fla. . . . Administrative Law Judge’s [ALJ] finding that she is not a “small business party” as defined by section 57.111 . . .

DEPARTMENT OF HEALTH, BOARD OF PHYSICAL THERAPY PRACTICE, v. H. CRALLE,, 852 So. 2d 930 (Fla. Dist. Ct. App. 2003)

. . . We determine that the Administrative Law Judge (“ALJ”) improperly granted fees pursuant to section 57.111 . . . Cralle filed a motion for attorney’s fees and costs under section 57.111, Florida Statutes, the Florida . . . that was presented to the probable cause panel; thus, Cralle was not entitled to fees under section 57.111 . . . Section 57.111, Florida Statutes, provides for awards of attorney’s fees and costs in judicial as well . . . Under section 57.111(3)(e), “[a] proceeding is “substantially justified” if it had a reasonable basis . . .

J. FISH, D. D. S. v. DEPARTMENT OF HEALTH, BOARD OF DENTISTRY,, 825 So. 2d 421 (Fla. Dist. Ct. App. 2002)

. . . We affirm the denial of appellant’s petition for attorney’s fees under section 57.111, Florida Statutes . . . that the underlying action against him was not substantially justified within the meaning of section 57.111 . . . See § 57.111(3)(e), Fla. Stat. (2000). . . . Section 57.111(4)(a), Florida Statutes (2000) provides that: Unless otherwise provided by law, an award . . .

STATE DEPARTMENT OF INSURANCE, v. FLORIDA BANKERS ASSOCIATION,, 764 So. 2d 660 (Fla. Dist. Ct. App. 2000)

. . . Once the party seeking fees under the statute proves it is a small business, as defined by section 57.111 . . .

ALBERT, D. D. S. v. DEPARTMENT OF HEALTH, BOARD OF DENTISTRY,, 763 So. 2d 1130 (Fla. Dist. Ct. App. 1999)

. . . After the case was dismissed, he filed a petition for attorney’s fees under section 57.111, Florida Statutes . . . Section 57.111 authorizes the recovery of attorney’s fees against the state, in some cases, by a “prevailing . . . The judge awarded fees under section 57.111 to Toledo Realty, Inc., but denied them to Alfert on the . . . individual who is merely an employee cannot be a “small business party” within the meaning of section 57.111 . . . The Department points out in its motion for rehearing that an award of attorney’s fees under section 57.111 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. A. SALTER,, 710 So. 2d 1039 (Fla. Dist. Ct. App. 1998)

. . . We reject Salter’s supposition that fees were awarded pursuant to section 57.111, Florida Statutes (1997 . . . See § 57.111(3)(d). . . .

HELMY, D. V. M. v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 707 So. 2d 366 (Fla. Dist. Ct. App. 1998)

. . . In that order, the ALJ declined to award appellant, Sarny Helmy, attorneys’ fees pursuant to section 57.111 . . . July 1996,and Helmy thereafter filed his petition for attorneys’ fees and costs pursuant to section 57.111 . . . Section 57.111(4)(a), Florida Statutes (1991), provides: Unless otherwise provided by law,, an award . . . Once the party seeking fees under the statute proves it is a small business, as defined by section 57.111 . . . justified’ if it had a reasonable basis in law and fact at the time it was initiated by a state agency.” § 57.111 . . .

DEPARTMENT OF HEALTH, v. OVADIA, M. D., 702 So. 2d 301 (Fla. Dist. Ct. App. 1997)

. . . The order of the Division of Administrative Hearings awarding attorney fees and costs under section 57.111 . . .

G. MINKES, D. O. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 661 So. 2d 420 (Fla. Dist. Ct. App. 1995)

. . . . § 57.111(4)(a), Fla.Stat. (1993); Department of Professional Regulation, Div. of Real Estate v. . . .

AGENCY FOR HEALTH CARE ADMINISTRATION, v. GONZALEZ, M. D., 657 So. 2d 56 (Fla. Dist. Ct. App. 1995)

. . . The order of the Division of Administrative Hearings awarding attorney fees and costs under section 57.111 . . .

RINDLEY, D. D. S. v. GALLAGHER, D. D. S. R. C. D. D. S. Jr. D. D. S. W. D. D. S. a D. D. S. D. D. S. D. D. S. a a D. D. S. a a D. D. S. D. D. S. J. D. D. S. S. D. D. S. A. D. D. D. S. D. D. S. M. D. D. S., 890 F. Supp. 1540 (S.D. Fla. 1995)

. . . Finally, pursuant to Florida Statute § 57.111, a plaintiff may seek attorneys fees for actions filed . . .

HITCHCOCK DRIVER ENTERPRISES, INC. v. DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,, 652 So. 2d 970 (Fla. Dist. Ct. App. 1995)

. . . (DOAH) dismissing the appellant’s petition for attorney’s fees and costs filed pursuant to section 57.111 . . . The appellant then filed a petition with DOAH for attorney’s fees and costs pursuant to section 57.111 . . . Section 57.111(4)(a), Florida Statutes (1993) provides: Unless otherwise provided by law, an award of . . . section 443.141 was an “administrative proceeding pursuant to chapter 120” as contemplated by section 57.111 . . .

AGENCY FOR HEALTH CARE ADMINISTRATION, v. REDI- CARE HOME SERVICES, INC., 650 So. 2d 222 (Fla. Dist. Ct. App. 1995)

. . . The final orders awarding appellee $15,000 in attorney fees and costs pursuant to section 57.111, Florida . . . The provision of section 57.111(4)(d) limiting the amount of the award extends to fees and costs incurred . . .

In RECEIVERSHIPS OF SOUTHEASTERN REINSURANCE COMPANY, INC. Co. FLORIDA DEPARTMENT OF INSURANCE, v. CENTEX- GREAT SOUTHWEST CORPORATION,, 639 So. 2d 646 (Fla. Dist. Ct. App. 1994)

. . . Section 57.111 allows litigants to recover attorney's fees and costs for a successful defense against . . .

FLORIDA REAL ESTATE COMMISSION, v. D. SHEALY, III,, 647 So. 2d 151 (Fla. Dist. Ct. App. 1994)

. . . Estate Commission appeals an order by which the appellee was awarded an attorney’s fee under section 57.111 . . . The ap-pellee then sought a section 57.111 attorney’s fee, which may be recovered by a prevailing small . . . Section 57.111 authorizes an attorney’s fee for a qualifying small business party, which must be a corporation . . . See § 57.111(3)(d)l.a and b, Pla.Stat. This does not encompass individual employees. . . . small business party as defined by the statute, and he thus should not have been awarded a section 57.111 . . .

STATE, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. SOUTHPOINTE PHARMACY,, 636 So. 2d 1377 (Fla. Dist. Ct. App. 1994)

. . . The Florida Equal Access to Justice Act, section 57.111, Florida Statutes (1993), confers final order . . .

STATE, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. SOUTH BEACH PHARMACY, INC. d b a, 635 So. 2d 117 (Fla. Dist. Ct. App. 1994)

. . . In proceedings under the Florida Equal Access to Justice Act (Act), section 57.111, Florida Statutes, . . . 60 days after the date that the small business party becomes a prevailing small business party.” § 57.111 . . . If a favorable judgment or order is reversed, section 57.111, Florida Statutes (1993), authorizes no . . . But the favorable judgment or order section 57.111 makes prerequisite to an award of fees and costs is . . . Settlement or voluntary dismissal aside, the sixty-day period in which section 57.111(4)(b)2, Florida . . .

W. BELVEAL, v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 632 So. 2d 687 (Fla. Dist. Ct. App. 1994)

. . . administrative proceedings and denied Belveal’s motion for attorney’s fees and costs under section 57.111 . . .

W. HOOVER, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION,, 620 So. 2d 805 (Fla. Dist. Ct. App. 1993)

. . . Immediately after the dismissal, Hoover filed a petition for fees and costs pursuant to section 57.111 . . .

DEPARTMENT OF HEALTH REHABILITATIVE SERVICES, v. S. G., 613 So. 2d 1380 (Fla. Dist. Ct. App. 1993)

. . . For the following reasons, we approve the award under section 57.111, but reverse the award under section . . . CASE NO. 92-679: 57.111 FEES AND COSTS Section 57.111 is known as the “Florida Equal Access to Justice . . . See section 57.111(1), Florida Statutes. . . . Accordingly, we affirm the fees awarded under section 57.111. . . . See section 57.111(4)(d). . . .

DEPARTMENT OF INSURANCE AND TREASURER, v. ADMINISTRATORS CORPORATION H., 603 So. 2d 1359 (Fla. Dist. Ct. App. 1992)

. . . Zalis, were awarded attorney’s fees pursuant to the Florida Equal Access to Justice Act, § 57.111, Florida . . . The Act directs the hearing officer to “promptly conduct an evidentiary hearing.” § 57.111(4)(d). . . . Indeed, we believe that the thrust of § 57.111(4)(d) is to require the prompt resolution of the fee dispute . . . Puckett Oil Co., 577 So.2d 988 (Fla. 1st DCA 1991), the agency filed a response to a § 57.111 petition . . . Petitioners are small business parties as defined by Section 57.111, Florida Statutes. . . .

W. EAGER v. FLORIDA KEYS AQUEDUCT AUTHORITY,, 605 So. 2d 883 (Fla. Dist. Ct. App. 1992)

. . . Both section 57.111(4)(b)(2), Florida Statutes, 1991 and Rule 221-6.035 require a petition for fees to . . . Section 57.111 (4)(b)(2), Florida Statutes (1991) provides: The application for an award of attorney's . . . Section 57.111(3) provides, in pertinent part: (c) A small business party is a "prevailing small business . . .

A. BROWN, Ph. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PSYCHOLOGICAL EXAMINERS,, 602 So. 2d 1337 (Fla. Dist. Ct. App. 1992)

. . . addressed only whether, when ruling on a motion for attorney’s fees against an agency under section 57.111 . . .

JORY, v. DEPARTMENT OF PROFESSIONAL REGULATION,, 583 So. 2d 1075 (Fla. Dist. Ct. App. 1991)

. . . Jory filed a petition for attorney’s fees and costs pursuant to Section 57.111, Florida Statutes (1989 . . . Under the Act, Section 57.111(3)(d)l.a. defines a small business party as: A sole proprietor of an unincorporated . . . Jory appealed the denial of attorney’s fees on two grounds: (1) the residency requirement in Section 57.111 . . . Clearly, the residency requirements of Section 57.111, Florida Statutes, do not meet the first prong . . . Additionally, the statutory distinction in Section 57.111 between resident and nonresident licensees . . .

ANN JAN RETIREMENT VILLA, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 580 So. 2d 278 (Fla. Dist. Ct. App. 1991)

. . . of Administrative Hearings which denied its claim for attorney’s fees and costs pursuant to section 57.111 . . . Section 57.111(3)(e) provides that such action is “substantially justified” where there exists a reasonable . . . The term “initiated by a state agency” means, in pertinent part, that the state agency, under section 57.111 . . . Section 57.111(3)(c) provides: (c) A small business party is a “prevailing small business party” when . . . Section 57.111(2) states: The purpose of this section is to diminish the deterrent effect of seeking . . .

STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, v. PUCKETT OIL COMPANY, INC., 577 So. 2d 988 (Fla. Dist. Ct. App. 1991)

. . . Administrative Hearings (DOAH or division), assessing against it attorney’s fees and costs, pursuant to Section 57.111 . . . b)4, authorizing parties “to respond, to present evidence and argument on all issues,” and sections 57.111 . . .

UNITED STATES v. N. HARDAGE, ADVANCE CHEMICAL COMPANY, v. ABCO, INC., 750 F. Supp. 1460 (W.D. Okla. 1990)

. . . 23,1986 to November 8, 1986, ERM-Southwest conducted 165 packer tests in 26 boreholes at the site. 57.111 . . .

D. YOUNG, Sr. A. v. STATE DEPARTMENT OF COMMUNITY AFFAIRS,, 567 So. 2d 2 (Fla. Dist. Ct. App. 1990)

. . . necessarily forecloses the Youngs’ second point on appeal, a claim for attorney’s fees pursuant to section 57.111 . . .

TAYLOR, v. E. F. HUTTON COMPANY, INC., 40 Fla. Supp. 2d 144 (Fla. Cir. Ct. 1990)

. . . Section 57.111 Fla. . . . Section 57.111(4)(a) contains a specific statement of the goals of the Florida Legislature in permitting . . . Section 57.111(e) Fla. . . .

G. MINKES, D. O. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF OSTEOPATHIC MEDICAL EXAMINERS,, 550 So. 2d 1175 (Fla. Dist. Ct. App. 1989)

. . . . § 57.111(4)(b)(2), Fla.Stat. (1987). . . .

DEPARTMENT OF PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, v. TOLEDO REALTY, INC., 549 So. 2d 715 (Fla. Dist. Ct. App. 1989)

. . . Administrative Hearings officer, awarding attorney’s fees against it pursuant to the provisions of Section 57.111 . . . , he therefore did not fall within the definition of a small business party, as provided in section 57.111 . . . We consider that his construction is consistent with the legislative purpose, as provided in section 57.111 . . . Section 504(a)(1) of the EAJA, similar to Section 57.111(4)(a), Florida Statutes, provides: (a)(1) An . . . See section 57.111(3)(e), providing: “A proceeding is ‘substantially justified’ if it had a reasonable . . .

J. WILLIAMS, v. ARMONTROUT,, 877 F.2d 1376 (8th Cir. 1989)

. . . Sec. 57.111 RSMo 1979 authorizes temporary commissions. . . .

WESTCHESTER PHARMACY v DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 34 Fla. Supp. 2d 236 (Fla. Div. Admin. Hearings 1989)

. . . Section 57.111(4)(a), Florida Statutes. . . .

RUDLOE, v. DEPARTMENT OF ENVIRONMENTAL REGULATION, 33 Fla. Supp. 2d 203 (Fla. Div. Admin. Hearings 1988)

. . . Section 57.111(4)(a), Florida Statutes (1987). . . . Section 57.111(4)(a), Florida Statutes (1987). . . . Section 57.111(3)(b), Florida Statutes (1987). . . . Section 57.111(3)(b), Florida Statutes (1987). . . . Section 57.111(4)(a), Florida Statutes (1987). . . .

RUDLOE, v. DEPARTMENT OF ENVIRONMENTAL REGULATION, 31 Fla. Supp. 2d 159 (Fla. Div. Admin. Hearings 1988)

. . . FS § 57.111(4)(b)1. . . . FS § 57.111(4)(a), (1987). . . . FS § 57.111(4)(a), (1987). . . . FS § 57.111(3)(b), (1987). . . . FS § 57.111(3)(b), (1987). . . .

W. THOMPSON, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 533 So. 2d 840 (Fla. Dist. Ct. App. 1988)

. . . the Division of Administrative Hearings denying his petition for attorney’s fees filed pursuant to § 57.111 . . . Thompson then filed a petition for attorney’s fees pursuant to section 57.111. . . . denied the petition for attorney’s fees, finding that Thompson did not meet the criteria outlined in § 57.111 . . . Section 57.111, Fla.Stat. (1987), provides for an award of attorney’s fees from the state to a “small . . .

ALFERT, v. DIVISION OF REAL ESTATE, 33 Fla. Supp. 2d 248 (Fla. Div. Admin. Hearings 1988)

. . . Alfert and Toledo Realty, Inc., requested an award of attorney’s fees and costs pursuant to Section 57.111 . . . Petitioners thereafter timely filed their request for attorney’s fees and costs pursuant to Section 57.111 . . . Subsection 57.111(3)(d)l., Florida Statutes (1987), defines the term “small business party” as follows . . . Thus, unlike Section 57.111, the federal law allows a prevailing employee to recover fees and other expenses . . . petitioner TRI $12,239.60 within thirty days from the date of this order as required by Subsection 57.111 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. A. F. a, 528 So. 2d 87 (Fla. Dist. Ct. App. 1988)

. . . .$583.58 HRS argued that section 57.111, Florida Statutes (The Florida Equal Access to Justice Act of . . .

HOME HEALTH CARE OF BAY COUNTY, FLORIDA, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 33 Fla. Supp. 2d 169 (Fla. Div. Admin. Hearings 1988)

. . . County, Florida, Inc., (Home Health Care of Bay) is entitled to attorney’s fees and costs under Section 57.111 . . . Health Care of Bay filed a petition seeking an award of attorneys’ fees and costs pursuant to Section 57.111 . . . Section 57.111(4)(c) provides that: [A]n award of attorney’s fees and costs shall be made to a prevailing . . . As defined in Section 57.111(3), the following words or phrases are applicable to Section 57.111(4)(c . . . Sections 57.111 and 120.57(1), Florida Statutes. . . .

CITY OF NAPLES AIRPORT AUTHORITY, v. COLLIER DEVELOPMENT CORPORATION, a a, 515 So. 2d 1058 (Fla. Dist. Ct. App. 1987)

. . . The airport authority does not contest the individual cost assessments but contends that section 57.111 . . . CDC also contends that section 57.111 provides an additional or alternative remedy to small businesses . . . Prior to the enactment of section 57.111 in 1984, costs clearly could be taxed in favor of the party . . . See § 57.111(4)(a). . . . history confirms our interpretation of the appropriate purpose and scope of section 57.111. . . .

CITY OF NAPLES AIRPORT AUTHORITY, v. COLLIER DEVELOPMENT CORPORATION, a a, 513 So. 2d 247 (Fla. Dist. Ct. App. 1987)

. . . concerning assessment of the maximum amount of costs which can be assessed against appellant under section 57.111 . . .

Dr. GENTELE, O. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF OPTOMETRY,, 513 So. 2d 672 (Fla. Dist. Ct. App. 1987)

. . . application for attorney’s fees and costs under the Florida Equal Access to Justice Act (FEAJA), Section 57.111 . . . that the hearing officer erred in his conclusion that Gentele was a small business party under section 57.111 . . . determining that the actions of the DPR were “substantially justified” within the meaning of section 57.111 . . . Section 57.111 provides that attorney’s fees and costs shall be made to a prevailing small business party . . . Section 57.111(3)(e). . . .

ROBAINA v. DIVISION OF PROFESSIONAL REGULATION, 26 Fla. Supp. 2d 235 (Fla. Div. Admin. Hearings 1987)

. . . Section 57.111(4)(a) F.S.. . . . Felix Robaina is a “prevailing small business party”, as provided in section 57.111 F.S.. . . . Subsection 57.111(4)(a) F.S., provides, 4(a). . . . Subsection 57.111(3)(e) provides, A proceeding is “substantially justified” if it had a reasonable basis . . . Unlike section 57.105, F.S., the “Florida Equal Access to Justice Act”, section 57.111 F.S. does not . . .

ASSAD v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF VETERINARY MEDICINE, 25 Fla. Supp. 2d 201 (Fla. Div. Admin. Hearings 1987)

. . . issue for determination is whether Petitioner is entitled to attorney’s fees and costs under Section 57.111 . . . clear and unrebutted that the Petitioner is a “small business party” as that term is defined in Section 57.111 . . . This case arises under the Florida Equal Access to Justice Act (FEAJA), Section 57.111, Florida Statutes . . .