The 2023 Florida Statutes (including Special Session C)
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. . . satisfied with the result of the hearing, it may file an administrative appeal pursuant to Chapter 119.12 . . .
. . . Presumably, the trial court relied upon section 119.12, Florida Statutes, as a basis for the award. . . . FHKC further asserts that section 119.12, Florida Statutes, does not apply as a basis for attorney fees . . .
. . . ."); § 119.12. Fla. . . .
. . . court did not determine whether he was entitled to reasonable costs of enforcement pursuant to section 119.12 . . .
. . . unlawfully refused to permit a public record to be inspected or copied" within the meaning of section 119.12 . . . Section 119.12 provides: (1) If a civil action is filed against an agency to enforce the provisions of . . . disclosure was required by statute; it could not therefore be "unlawful" within the meaning of section 119.12 . . .
. . . Johnson his attorneys' fees and costs under § 119.12, Florida Statutes, including a 1.5 fee multiplier . . . circumstances amounted to an unlawful refusal to provide the records under Florida's Public Records Act. § 119.12 . . . Section 119.12, Florida Statutes (2010), provides for reasonable costs and attorney fees if a court determines . . . But "a delay does not in and of itself create liability under section 119.12." . . .
. . . Code § 119.12 permits the state court to consider constitutional claims). . . .
. . . be reimbursed for his costs, consisting of postage, envelopes, and copying costs pursuant to section 119.12 . . . court did not determine whether he was entitléd to reasonable costs of enforcément pursuant to section 119.12 . . . that he was entitled to an award for the reasonable costs of enforcing his rights pursuant to section 119.12 . . . Section 119.12 provides that if a plaintiff files an action to enforce the provisions of Chapter 119 . . . be inspected or copied, the court shall assess and award ... the reasonable costs of enforcement § 119.12 . . .
. . . litigant, appellant could be awarded reasonable postage, envelope, and copying costs under section 119.12 . . .
. . . . § 119.12. . . . Stat. § 119.12)); Promenade D’Iberville, LLC v. . . . Florida Statutes § 119.12 provides: If á civil action.is filed against an agency to enforce the provisions . . . Stat. § 119.12. . . . .
. . . Section 119.12 provides that, if a plaintiff files an action to enforce the provisions of Chapter 119 . . . assess and award ... the reasonable costs of enforcement including reasonable- attorneys’ fees.” § 119.12 . . . “The purpose underlying [section 119.12] is to encourage public agencies to voluntarily comply with the . . . “for further proceedings to determine whether [plaintiff was] entitled to fees pursuant to section 119.12 . . . of this case, there was an unlawful refusal of access to the records within the meaning of section 119.12 . . .
. . . to provide access to such records, and awarding CAFI attorney’s fees and costs, pursuant to section 119.12 . . . the agency responsible, the reasonable costs of enforcement including reasonable attorneys’ fees. § 119.12 . . . Section 119.12 provides for attorney’s fees if the court determines that the failure to,provide records . . . “Unlawful refusal under section 119.12- includes not only affirmative refusal to produce records, but . . .
. . . compliance with chapter 119, and (ii) whether Herbits was entitled to attorneys fees pursuant to section 119.12 . . . motion in the trial court captioned, “Plaintiffs Motion for Attorneys Fees and Costs Pursuant to Section 119.12 . . .
. . . Lee also moved for attorney’s fees under section 119.12, Florida Statutes (2009), which provides for . . . Section 119.12, Florida Statutes The Legislature has also provided, through section 119.12, for an award . . . As previously recognized by this Court: Section 119.12(1) is designed to encourage public agencies to . . . In other words, section 119.12 has the dual role of both deterring agencies from wrongfully- denying . . . Compare § 119.12, .Fla. Stat. . . . Contrary to the reasoning of the majority, section 119.12, the provision of the Public Records Act imposing . . . But the language of section 119.12 neither suggests such an uncoupling nor supports the imposition of . . . The majority reads the phrase “unlawfully refused” in section 119.12 as equivalent to “unlawfully failed . . .
. . . Department of Economic Opportunity, appeals the trial court’s award of attorney’s fees pursuant to section 119.12 . . . Section 119.12 provides: If a civil action is filed against an agency to enforce the provisions of this . . . agency responsible, the reasonable costs of enforce-mént including- reasonable attorneys-’ fees. § 119.12 . . .
. . . Therefore, attorney’s fees were not recoverable under section 119.12, Florida Statutes (2013). . . .
. . . Of particular relevance here are §§ 119.06, 119.07, 119.09, and 119.12. . . . Code § 119.12. . . .
. . . complaint sought injunctive relief, a writ of mandamus and an award of attorney fees under section 119.12 . . . Section 119.12 addresses the issue of fees as follows. . . . For example, a trial court may properly award attorney fees under section 119.12 if there was no good . . . However, it is equally clear that a delay does not in and of itself create liability under section 119.12 . . .
. . . unjustified delay in complying with a public record request amounts to an unlawful refusal under section 119.12 . . .
. . . unjustified delay in complying with a public records request amounts to an unlawful refusal under section 119.12 . . .
. . . complying with a request was tantamount to a refusal to comply within the contemplation of section 119.12 . . .
. . . A party is entitled to “the reasonable costs of enforcement” under section 119.12, Florida Statutes ( . . . “Unlawful refusal under section 119.12 includes not only affirmative refusal to produce records, but . . . If not, then the petitioner would be entitled to his costs pursuant to section 119.12. . . . Although section 119.12 provides a basis for costs associated with enforcing compliance with the Public . . .
. . . action has been commenced to compel compliance amounts to an unlawful refusal for purposes of section 119.12 . . . Althouse’s request until after the filing of his suit amounted to an ‘unlawful refusal’ under section 119.12 . . .
. . . Lilker his attorney’s fees and costs under section 119.12, Florida Statutes (2012), because it determined . . . Lilker’s request for attorney’s fees and costs under section 119.12 was whether the Authority unlawfully . . . Unlawful refusal under section 119.12 includes not only affirmative refusal to produce records, but also . . .
. . . Id. at §§ 119.12 & 3517.157(D). . . .
. . . copying, postage, filing fee(s) and court cost assessed” in obtaining the files, pursuant to section 119.12 . . . should be analyzed independently from any right of recovery appellant may have pursuant to section 119.12 . . . We do note, however, that while section 119.12 provides for an award of "reasonable costs of enforcement . . .
. . . Section 119.12, Florida Statutes (2009), authorizes an award of fees when an agency has “refused to permit . . . requirement when agency status is not in doubt, nor has there been since the 1984 amendment of section 119.12 . . .
. . . . § 119.12(1). . . .
. . . . § 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 . . . Whether a person is entitled to fees and costs under section 119.12, is a matter of law reviewed de novo . . . Alt-house’s request until after the filing of his suit amounted to an “unlawful refusal” under section 119.12 . . . So.2d 633, 635 (Fla. 1st DCA 2000) (reviewing a trial court's denial of costs and fees under section 119.12 . . .
. . . Code §§ 119.12 and 5101.35; and Ohio Admin. Code § 5101:6-9-01. See Carole L. Hughes v. . . .
. . . 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. . . .
. . . , and applied an overly narrow interpretation of the Sunshine Law’s fee shifting statutes, sections 119.12 . . . only” (emphasis supplied) as this court directed when it granted attorney’s fees pursuant to sections 119.12 . . .
. . . facts of the case, there was an unlawful refusal of access to the records within the meaning of section 119.12 . . . unjustified delay in complying with a public record request amounts to an unlawful refusal under section 119.12 . . .
. . . specific point of noting that “[t]he present decision is limited to the relationship between section 119.12 . . .
. . . The trial court awarded the appellees attorney’s fees under section 119.12, Florida Statutes (1987). . . .
. . . . § 119.12 are adequate under Ohio Civil Rights Comm’n v. . . .
. . . . § 119.12, which provides, “Any party adversely affected by any order of an agency issued pursuant to . . .
. . . . §§ 119.12 and 3323.05. . . . In a similar manner, either party can appeal the final order in accordance with O.R.C. § 119.12 “within . . . O.R.C. § 119.12. . . . Explaining “the failure to use the word ‘original’ in the notice of appeal rights and in O.R.C. § 119.12 . . . The Horens failure to comply with O.R.C. § 119.12 deprived the Lucas County Court of Common Pleas of . . .
. . . Our supreme court has placed a definitive gloss on section 119.12, Florida Statutes (2006), which reads . . . binding precedent, therefore, BDI did not “unlawfully refuse[ ]” to permit inspection of its records. § 119.12 . . .
. . . case with directions to the court to determine whether Gary is entitled to costs pursuant to section 119.12 . . .
. . . appeals a final judgment ordering it to pay Wesley Gonzalez attorney’s fees and costs pursuant to section 119.12 . . . Gonzalez sought attorney’s fees and costs for both counts pursuant to section 119.12. . . . Public Records Law Violations— Delay and Unlawful Refusal Under certain conditions, section 119.12(1) . . . Reversing the denial of attorney’s fees and costs under section 119.12(1), the Third District reasoned . . . Delay cannot in itself create liability under section 119.12. . . .
. . . The remaining relief requested, reasonable attorney’s fees, is governed by Section 119.12: Attorney’s . . . Stat. § 119.12 (2006). . . . The Court concludes that based upon the evidence presented, Section 119.12 is not applicable because . . . whether JAA’s delay-in producing all responsive documents constitutes an “unlawful refusal” under Section 119.12 . . . The policy to be served by Section 119.12, requiring attorneys’ fees as a sanction for unlawful refusal . . .
. . . Section 119.12 provides for an attorney’s fees sanction for an agency’s unlawful refusal to permit a . . . determines that the agency’s refusal to have been unreasonable is the attorney’s fee sanction mandated. § 119.12 . . .
. . . . § 119.12. On January 9, 2003, Dr. Baird also issued two related letters to Dr. Haskell and WMPC. . . . . § 119.12. . . .
. . . See Ohio Rev.Code § 119.12. . . .
. . . claim for attorney’s fees for the city’s failure to disclose a public record sought pursuant to section 119.12 . . .
. . . making clear that appellant was entitled to his reasonable costs of enforcement, pursuant to section 119.12 . . . As we have previously held, pursuant to section 119.12(1), Florida Statutes (1997), appellant is entitled . . . As in Kuzma, interpreting narrowly that portion of section 119.12(1) which mandates an award of “the . . . PHH Mental Health Servs., Inc., 616 So.2d 27, 29 (Fla.1993) (section 119.12(1) is designed to encourage . . . Moreover, a narrow interpretation would be at odds with our prior decision that “[sjection 119.12 ... . . .
. . . Milwaukee School Board has its own service statute lurking three volumes away from Chapter 801 in § 119.12 . . . Wis.Code § 119.12(2). . . .
. . . Turning now to the merits of Mazer’s appeal, section 119.12(1) of the Public Records chapter provides . . . The circuit court reasoned that because section 119.12(1) speaks in terms of a judicial determination . . . The plaintiff appealed an order denying his motion for attorney’s fees pursuant to section 119.12(1), . . . In analyzing section 119.12(1), this court stated: The purpose underlying this section is to encourage . . . Section 119.12(1) authorizes recovery of attorney’s fees and costs when the agency unlawfully refuses . . .
. . . trial court, however, denied the Herald costs and reasonable attorney’s fees claimed under section 119.12 . . . Reversed. . 119.12 Attorney’s fees.— (1) If a civil action is filed against an agency to enforce the . . .
. . . . § 119.12 (Anderson 2001) (“The court may affirm the order of the agency complained of in the appeal . . . But her state court appeals took place after the Board made its decision and, as discussed above, § 119.12 . . .
. . . commenced to compel compliance constitutes an unlawful refusal for purposes of a cost award under section 119.12 . . .
. . . district court improperly denied its request for an award of attorney fees made pursuant to sections 119.12 . . .
. . . raising unsupported claims or defenses); § 83.48, Fla.Stat. (1999) (landlord and tenant actions); § 119.12 . . .
. . . pleas of the county in which the employee resides in accordance with the procedure provided by section 119.12 . . .
. . . To the extent pertinent, section 119.12(1), Florida Statutes (1997), reads: If a civil action is filed . . . action has been commenced to compel compliance amounts to an unlawful refusal for purposes of section 119.12 . . .
. . . He also would have had the right to judicial review of this hearing under § 119.12. . . .
. . . Ohio Attorney General in her official capacity, seek a declaratory judgment that Ohio Revised Code § 119.12 . . . Given Diamonds’ failure, at any time, to argue the constitutionality of § 119.12 in state court, despite . . . As in VanHarken, Diamonds may be able to challenge the constitutionality of § 119.12 generally, in its . . . Bd. of Liquor Control, 170 Ohio St. 233, 10 0.0.2d 177, 163 N.E.2d 678 (1959) and R.C. § 119.12. . . . The majority opinion did not address the constitutionality of § 119.12, insofar as it limits judicial . . .
. . . Ohio Rev.Code § 119.12. . . . Thus, “it is firmly established that an agency or agency action will not qualify for an R.C. § 119.12 . . . the agency, or (3) some other statute specifically makes the agency or agency action subject to R.C. 119.12 . . . Plaintiff argues that this provision subjects ODH to § 119.12, because it states that ODH is an “agency . . . Commission was an agency subject to the 30-day record certification requirement of Ohio Rev.Code § 119.12 . . .
. . . Finally, we deny Stanfield’s request for attorneys’ fees under section 119.12(1), Florida Statutes, finding . . .
. . . the attorneys for the prevailing party — Guzman—are entitled to attorney's fees pursuant to section 119.12 . . .
. . . pleas of the county in which the employee resides in accordance with the procedure provided by section 119.12 . . . Instead of appealing the dismissals as provided under Ohio Revised Code § 119.12 or § 124.34, Sutton . . .
. . . of this case, there was an unlawful refusal of access to the records within the meaning of section 119.12 . . .
. . . Section 119.12(1), Florida Statutes provides: If a civil action is filed against an agency to enforce . . . Section 119.12(1) authorizes recovery of attorney’s fees and costs when the agency unlawfully refuses . . . unjustified delay in complying with a public records request amounts to an unlawful refusal under section 119.12 . . . Application of section 119.12(1) and the relevant case law leads to but one conclusion here, that the . . . unlawful refusal and is not a valid basis for denying recovery of attorney’s fees and costs under section 119.12 . . .
. . . the final agency decision to the court of common pleas is provided by Ohio Revised Code § 5101.35, § 119.12 . . .
. . . private entity acting on behalf of a public agency is responsible for attorneys’ fees under section 119.12 . . . circumstances the private entity’s denial of the request does not constitute an unlawful refusal under section 119.12 . . .
. . . , 569 So.2d 246 (Fla. 1st DCA), rev. denied, 574 So.2d 140 (Fla.1990), this court held that section 119.12 . . .
. . . by the parties with the exception of Times Publishing’s claim for attorney fees pursuant to section 119.12 . . . Section 119.12 reads as follows: 119.12 Attorney’s fees.— (1) If a civil action is filed against an agency . . . The trial court held that Times Publishing was not entitled to attorney fees under section 119.12 because . . .
. . . Fayetteville Perry timely appealed, pursuant to Ohio Revised Code § 3323.05 and § 119.12, the SLRO’s . . . Ohio Rev.Code § 119.12. . . . Code § 119.12. . . . Ohio Rev.Code § 119.12 (emphasis added). . . . authority contained in that section to hear additional evidence is therefore incorporated into R.C. 119.12 . . .
. . . refused” the request, which would warrant invocation of the attorney’s fee sanction prescribed in section 119.12 . . . Section 119.12(1) provides: If a civil action is filed against an agency to enforce the provisions of . . .
. . . decision of the SPBR to the Franklin County Court of Common Pleas in accordance with Ohio Revised Code § 119.12 . . .
. . . information and the case was settled in all regards except the Times’ claim for attorney’s fees under section 119.12 . . .
. . . Further, in PHH, the supreme court established that the purpose of section 119.12(1) in authorizing an . . .
. . . private entity acting on behalf of a public agency is responsible for attorney’s fees under section 119.12 . . . The Ledger also sought an award of attorney’s fees and costs pursuant to section 119.12(1). . . . The court noted that section 119.12(1) requires an agency to pay attorney’s fees only when it is determined . . . Section 119.12(1) is designed to encourage public agencies to voluntarily comply with the requirements . . . Section 119.12(1), Florida Statutes (1987), provides: (1) If a civil action is filed against an agency . . .
. . . Wisner filed an amended motion for rehearing and motion to tax costs pursuant to section 119.12. . . . Thus, Wisner is entitled to reasonable costs under section 119.12(1), even though the City subsequently . . . the agency responsible, the reasonable costs of enforcement including reasonable attorneys’ fees. § 119.12 . . .
. . . indicate the extent to which plaintiffs followed the procedures established under sections 124.34 and 119.12 . . . pleas of the county in which the employee resides in accordance with the procedure provided by section 119.12 . . .
. . . and the Lakeland Ledger Publishing Corporation were entitled to attorneys’ fees pursuant to section 119.12 . . .
. . . The personal representative moved for an award of attorney's fees pursuant to section 119.12, Florida . . . Under section 119.12, attorney’s fees may be awarded “[i]f a civil action is filed against an agency . . . Id. § 119.12(1) (emphasis added). . . .
. . . . § 119.12 (Page’s 1987) , filed a notice of appeal of the Board’s decision in the Court of Common Pleas . . . of the notice of appeal on the Board within the fifteen-day period provided for in Ohio Rev.Code § 119.12 . . . Code § 119.12 does not begin to run until the agency whose order is being appealed fully complies with . . . notice of appeal within fifteen days after the date of mailing of the Board’s decision pursuant to R.C. 119.12 . . . Ohio Rev.Code § 119.12 provides: "Any party desiring to appeal shall file a notice of appeal with the . . .
. . . . § 119.12 (1982 & Supp.1990). . . . .
. . . court properly ruled that the White Sox would be assessed attorney’s fees and costs pursuant to section 119.12 . . . Section 119.12(1), Florida Statutes, provides that “[i]f a civil action is filed against an agency to . . .
. . . has appealed an order of the trial court denying his motion for attorney’s fees pursuant to Section 119.12 . . . Downs then filed with the trial court the instant motion for attorney’s fees, citing Section 119.12(1 . . . Section 119.12(2) further provides that “[w]henever an agency appeals a court order requiring it to permit . . . We therefore find that Section 119.12(1) is properly construed to permit an award of trial-level attorney . . . Further, the provision in Section 119.12 for an award of appellate fees when an agency unsuccessfully . . .
. . . See §§ 119.07(2)(bMd), 119.11, 119.12, Fla. Stat. (1987). . . . must be reversed, At the final hearing the trial court awarded attorney’s fees pursuant to section 119.12 . . . , and are entitled to “the reasonable costs of enforcement including reasonable attorneys’ fees.” § 119.12 . . .
. . . a motion to tax reasonable costs and attorney’s fees against Fox and Alligator Towing under section 119.12 . . . stated, reasonable attorney’s fees were awarded against Fox and Alligator Towing pursuant to section 119.12 . . .
. . . complying with the requests until after a suit was brought amounted to an “unlawful refusal” under section 119.12 . . . Section 119.12(1), Florida Statutes (1985), provides: 'If a civil action is filed against an agency to . . .
. . . trial court’s subsequent denial of appellant’s request for attorney’s fees made pursuant to section 119.12 . . . One of the issues raised on this appeal concerns whether the version of section 119.12(1) which was in . . .
. . . that the weight of each of its employees shall not exceed limitations prescribed by Weight Watchers (119.12 . . .
. . . The parties agreed that the following statute governs: 119.12 Attorney’s fees.— (1) If a civil action . . .
. . . affected by the imposition of a fine may appeal to the court of common pleas pursuant to Ohio Rev.Code § 119.12 . . . The provision for judicial review pursuant to § 119.12 as provided under divisions (D)(3) and (E) of . . . Ohio Rev.Code § 119.12 (Page’s 1986 Supp.). . . . commission under division (D)(1)(a) of this section may appeal from such action in accordance with section 119.12 . . . adversely affected by a cease and desist order of the commission may appeal as provided in section 119.12 . . .
. . . The Court reserves jurisdiction to consider the plaintiff’s request pursuant to section 119.12, Florida . . .
. . . reserves jurisdiction to tax Florida Publishing Company’s costs, including attorney’s fees under F.S. 119.12 . . .
. . . The Court reseryes jurisdiction to tax Petitioner’s costs, including attorney’s fees, under F.S. 119.12 . . .
. . . examination, and copying of the requested documents, and attorney’s fees and costs as authorized by section 119.12 . . .
. . . . §§ 119.01-119.12, Fla.Stat.; see also City of North Miami v. . . .
. . . Section 119.12 in relevant part provides: “Any party desiring to appeal shall file a notice of appeal . . . We now must decide whether Ohio considers dismissal for failure to comply with § 119.12 to be a dismissal . . . aggrieved litigant must rely on specific statutory mandates such as those provided by §§ 124.34 and 119.12 . . . Sherrill, 63 Ohio App. 533, 537-39, 27 N.E.2d 407, 410-11 (analyzing precursors to §§ 124.34 and 119.12 . . . In construing the legislative requirements of § 119.12, an Ohio Court of Common Pleas in Bolt v. . . .
. . . pleas of the county in which the employee resides in accordance with the procedure provided by section 119.12 . . .
. . . . § 119.01-119.12 (West 1982). Id. . . .
. . . Appellants appeal the trial court’s denial of their petition for attorney’s fees pursuant to Section 119.12 . . . WFSH then filed a motion for assessment of attorney’s fees and court costs under Section 119.12(1), Florida . . . abuse its discretion in determining that WFSH is not entitled to attorney’s fees pursuant to Section 119.12 . . .
. . . his Internal Review files was unreasonable so as to justify an award of attorney’s fees under Section 119.12 . . .
. . . . §§ 119.01-119.12, requires the City of Tampa to disclose documents that are attorney-client communications . . .