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Florida Statute 119.12 | Lawyer Caselaw & Research
F.S. 119.12 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 119
PUBLIC RECORDS
View Entire Chapter
F.S. 119.12
119.12 Attorney fees.
(1) If a civil action is filed against an agency to enforce the provisions of this chapter, the court shall assess and award the reasonable costs of enforcement, including reasonable attorney fees, against the responsible agency if the court determines that:
(a) The agency unlawfully refused to permit a public record to be inspected or copied; and
(b) The complainant provided written notice identifying the public record request to the agency’s custodian of public records at least 5 business days before filing the civil action, except as provided under subsection (2). The notice period begins on the day the written notice of the request is received by the custodian of public records, excluding Saturday, Sunday, and legal holidays, and runs until 5 business days have elapsed.
(2) The complainant is not required to provide written notice of the public record request to the agency’s custodian of public records as provided in paragraph (1)(b) if the agency does not prominently post the contact information for the agency’s custodian of public records in the agency’s primary administrative building in which public records are routinely created, sent, received, maintained, and requested and on the agency’s website, if the agency has a website.
(3) The court shall determine whether the complainant requested to inspect or copy a public record or participated in the civil action for an improper purpose. If the court determines there was an improper purpose, the court may not assess and award the reasonable costs of enforcement, including reasonable attorney fees, to the complainant, and shall assess and award against the complainant and to the agency the reasonable costs, including reasonable attorney fees, incurred by the agency in responding to the civil action. For purposes of this subsection, the term “improper purpose” means a request to inspect or copy a public record or to participate in the civil action primarily to cause a violation of this chapter or for a frivolous purpose.
(4) This section does not create a private right of action authorizing the award of monetary damages for a person who brings an action to enforce the provisions of this chapter. Payments by the responsible agency may include only the reasonable costs of enforcement, including reasonable attorney fees, directly attributable to a civil action brought to enforce the provisions of this chapter.
History.s. 5, ch. 75-225; s. 7, ch. 84-298; s. 13, ch. 2004-335; s. 1, ch. 2017-21.

F.S. 119.12 on Google Scholar

F.S. 119.12 on Casetext

Amendments to 119.12


Arrestable Offenses / Crimes under Fla. Stat. 119.12
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 119.12.



Annotations, Discussions, Cases:

Cases from cite.case.law:

OHIO, v. UNITED STATES DEPARTMENT OF EDUCATION,, 377 F. Supp. 3d 823 (S.D. Ohio 2019)

. . . satisfied with the result of the hearing, it may file an administrative appeal pursuant to Chapter 119.12 . . .

MANAGED CARE OF NORTH AMERICA, INC. v. FLORIDA HEALTHY KIDS CORPORATION, 268 So. 3d 856 (Fla. App. Ct. 2019)

. . . 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 . . .

DETTELBACH, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 261 So. 3d 676 (Fla. App. Ct. 2018)

. . . ."); § 119.12. Fla. . . .

E. O BOYLE v. TOWN OF GULF STREAM, C. A. O, 257 So. 3d 1036 (Fla. App. Ct. 2018)

. . . court did not determine whether he was entitled to reasonable costs of enforcement pursuant to section 119.12 . . .

STATE ATTORNEY S OFFICE OF SEVENTEENTH JUDICIAL CIRCUIT v. CABLE NEWS NETWORK, INC. LLC, ABC, LLC, LLC, s, 254 So. 3d 461 (Fla. App. Ct. 2018)

. . . 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 . . .

A. SIEGMEISTER, v. L. J. JOHNSON,, 240 So. 3d 70 (Fla. App. Ct. 2018)

. . . 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." . . .

BON- ING, INC. v. HODGES, 700 F. App'x 461 (6th Cir. 2017)

. . . Code § 119.12 permits the state court to consider constitutional claims). . . .

B. COOKSTON, v. OFFICE OF PUBLIC DEFENDER,, 204 So.3d 480 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

YASIR, v. C. FORMAN,, 199 So. 3d 1037 (Fla. Dist. Ct. App. 2016)

. . . litigant, appellant could be awarded reasonable postage, envelope, and copying costs under section 119.12 . . .

TOWN OF GULF STREAM, a a v. E. O BOYLE, O O, 654 F. App'x 439 (11th Cir. 2016)

. . . . § 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. . . . .

A. SCHWEICKERT, Jr. v. CITRUS COUNTY FLORIDA BOARD,, 193 So. 3d 1075 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

CITIZENS AWARENESS FOUNDATION, INC. v. WANTMAN GROUP, INC., 195 So. 3d 396 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

HERBITS, v. CITY OF MIAMI,, 197 So. 3d 575 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

BOARD OF TRUSTEES, JACKSONVILLE POLICE FIRE PENSION FUND, v. W. LEE,, 189 So. 3d 120 (Fla. 2016)

. . . 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 . . .

STATE DEPARTMENT OF ECONOMIC OPPORTUNITY, v. CONSUMER RIGHTS, LLC,, 181 So. 3d 1239 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

ECONOMIC DEVELOPMENT COMMISSION, ETC. v. ELLIS, In, 178 So. 3d 118 (Fla. Dist. Ct. App. 2015)

. . . Therefore, attorney’s fees were not recoverable under section 119.12, Florida Statutes (2013). . . .

PLANNED PARENTHOOD SOUTHWEST OHIO REGION, v. HODGES,, 138 F. Supp. 3d 948 (S.D. Ohio 2015)

. . . Of particular relevance here are §§ 119.06, 119.07, 119.09, and 119.12. . . . Code § 119.12. . . .

CONSUMER RIGHTS, LLC, v. UNION COUNTY, FLORIDA,, 159 So. 3d 882 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

MORRIS PUBLISHING GROUP, LLC, d b a, d b a, WTLV WJXX d b a, WJXT- v. STATE D., 154 So. 3d 528 (Fla. Dist. Ct. App. 2015)

. . . unjustified delay in complying with a public record request amounts to an unlawful refusal under section 119.12 . . .

CONSUMER RIGHTS, LLC, v. BRADFORD COUNTY,, 153 So. 3d 394 (Fla. Dist. Ct. App. 2014)

. . . unjustified delay in complying with a public records request amounts to an unlawful refusal under section 119.12 . . .

ORANGE COUNTY, v. HEWLINGS,, 152 So. 3d 812 (Fla. Dist. Ct. App. 2014)

. . . complying with a request was tantamount to a refusal to comply within the contemplation of section 119.12 . . .

YASIR, v. C. FORMAN,, 149 So. 3d 107 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

PROMENADE D IBERVILLE, LLC, v. M. SUNDY, As As Ms., 145 So. 3d 980 (Fla. Dist. Ct. App. 2014)

. . . 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, v. SUWANNEE VALLEY TRANSIT AUTHORITY s, 133 So. 3d 654 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

COAST CANDIDATES PAC v. OHIO ELECTIONS COMMISSION, P. J. A. G. E., 543 F. App'x 490 (6th Cir. 2013)

. . . Id. at §§ 119.12 & 3517.157(D). . . .

VANCE, v. STATE, 120 So. 3d 625 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

W. LEE, v. BOARD OF TRUSTEES, JACKSONVILLE POLICE FIRE PENSION FUND,, 113 So. 3d 1010 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

CORBETT, v. TRANSPORTATION SECURITY ADMINISTRATION,, 968 F. Supp. 2d 1171 (S.D. Fla. 2012)

. . . . § 119.12(1). . . .

ALTHOUSE, v. PALM BEACH COUNTY SHERIFF S OFFICE,, 92 So. 3d 899 (Fla. Dist. Ct. App. 2012)

. . . . § 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 . . .

L. HUGHES, v. B. COLBERT,, 872 F. Supp. 2d 612 (N.D. Ohio 2012)

. . . Code §§ 119.12 and 5101.35; and Ohio Admin. Code § 5101:6-9-01. See Carole L. Hughes v. . . .

HEWLINGS, v. ORANGE COUNTY, FLORIDA,, 87 So. 3d 839 (Fla. Dist. Ct. App. 2012)

. . . 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. . . .

GRAPSKI v. CITY OF ALACHUA,, 134 So. 3d 987 (Fla. Dist. Ct. App. 2012)

. . . , 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 . . .

L. J. JOHNSON, v. L. JARVIS, Jr., 74 So. 3d 168 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

R. J. REYNOLDS TOBACCO COMPANY, v. HALL, Sr., 67 So. 3d 1084 (Fla. Dist. Ct. App. 2011)

. . . specific point of noting that “[t]he present decision is limited to the relationship between section 119.12 . . .

COMPASS CONSTRUCTION, INC. v. FIRST BAPTIST CHURCH OF CAPE CORAL, FLORIDA, INC., 61 So. 3d 1273 (Fla. Dist. Ct. App. 2011)

. . . The trial court awarded the appellees attorney’s fees under section 119.12, Florida Statutes (1987). . . .

Dr. B. KALNIZ, D. D. S. v. OHIO STATE DENTAL BOARD,, 699 F. Supp. 2d 966 (S.D. Ohio 2010)

. . . . § 119.12 are adequate under Ohio Civil Rights Comm’n v. . . .

S. HOREN, v. BOARD OF EDUCATION OF CITY OF TOLEDO PUBLIC SCHOOL DISTRICT,, 655 F. Supp. 2d 794 (N.D. Ohio 2009)

. . . . § 119.12, which provides, “Any party adversely affected by any order of an agency issued pursuant to . . .

HOREN, v. BOARD OF EDUCATION OF TOLEDO CITY SCHOOL DISTRICT,, 568 F. Supp. 2d 850 (N.D. Ohio 2008)

. . . . §§ 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 . . .

B S UTILITIES, INC. v. BASKERVILLE- DONOVAN, INC., 988 So. 2d 17 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

L. GARY, v. STATE, 986 So. 2d 650 (Fla. Dist. Ct. App. 2008)

. . . case with directions to the court to determine whether Gary is entitled to costs pursuant to section 119.12 . . .

OFFICE OF THE STATE ATTORNEY FOR THIRTEENTH JUDICIAL CIRCUIT OF FLORIDA, v. GONZALEZ,, 953 So. 2d 759 (Fla. Dist. Ct. App. 2007)

. . . 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. . . .

JACKSON- SHAW COMPANY, v. JACKSONVILLE AVIATION AUTHORITY, a, 510 F. Supp. 2d 691 (M.D. Fla. 2007)

. . . 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 . . .

WOODFAULK, v. STATE, 935 So. 2d 1225 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

WOMEN S MEDICAL PROFESSIONAL CORPORATION M. D. v. J. BAIRD, M. D., 438 F.3d 595 (6th Cir. 2006)

. . . . § 119.12. On January 9, 2003, Dr. Baird also issued two related letters to Dr. Haskell and WMPC. . . . . § 119.12. . . .

CITIZENS FOR A STRONG OHIO a v. F. MARSH,, 123 F. App'x 630 (6th Cir. 2005)

. . . See Ohio Rev.Code § 119.12. . . .

ALSTON, v. CITY OF RIVIERA BEACH, a, 882 So. 2d 436 (Fla. Dist. Ct. App. 2004)

. . . claim for attorney’s fees for the city’s failure to disclose a public record sought pursuant to section 119.12 . . .

WEEKS, v. A. GOLDEN,, 846 So. 2d 1247 (Fla. Dist. Ct. App. 2003)

. . . 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 ... . . .

COLEMAN, v. MILWAUKEE BOARD OF SCHOOL DIRECTORS,, 290 F.3d 932 (7th Cir. 2002)

. . . Milwaukee School Board has its own service statute lurking three volumes away from Chapter 801 in § 119.12 . . . Wis.Code § 119.12(2). . . .

MAZER, d b a s v. ORANGE COUNTY,, 811 So. 2d 857 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

KNIGHT RIDDER, INC. v. DADE AVIATION CONSULTANTS, a, 808 So. 2d 1268 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

WILDE, DVM, v. OHIO VETERINARY MEDICAL LICENSING BOARD DVM DVM DVM DVM DVM, 31 F. App'x 164 (6th Cir. 2002)

. . . . § 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 . . .

WEEKS, v. A. GOLDEN,, 798 So. 2d 848 (Fla. Dist. Ct. App. 2001)

. . . commenced to compel compliance constitutes an unlawful refusal for purposes of a cost award under section 119.12 . . .

MEMORIAL HOSPITAL- WEST VOLUSIA, INC. v. NEWS- JOURNAL CORPORATION,, 784 So. 2d 438 (Fla. 2001)

. . . district court improperly denied its request for an award of attorney fees made pursuant to sections 119.12 . . .

J. RADOS, v. P. RADOS,, 791 So. 2d 1130 (Fla. Dist. Ct. App. 2001)

. . . raising unsupported claims or defenses); § 83.48, Fla.Stat. (1999) (landlord and tenant actions); § 119.12 . . .

D. HOOVER, v. RADABAUGH,, 123 F. Supp. 2d 412 (S.D. Ohio 2000)

. . . pleas of the county in which the employee resides in accordance with the procedure provided by section 119.12 . . .

WEEKS, v. A. GOLDEN,, 764 So. 2d 633 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

V. BAMBER, v. UNITED STATES,, 45 Fed. Cl. 162 (Fed. Cl. 1999)

. . . He also would have had the right to judicial review of this hearing under § 119.12. . . .

PLANET EARTH ENTERTAINMENT, INC. d b a v. E. EDWARDS,, 84 F. Supp. 2d 891 (S.D. Ohio 1999)

. . . 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 . . .

LEXINGTON SUPERMARKET, INC. v. UNITED STATES DEPARTMENT OF AGRICULTURE, 84 F. Supp. 2d 886 (S.D. Ohio 1999)

. . . 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 . . .

STANFIELD, v. SALVATION ARMY,, 695 So. 2d 501 (Fla. Dist. Ct. App. 1997)

. . . Finally, we deny Stanfield’s request for attorneys’ fees under section 119.12(1), Florida Statutes, finding . . .

J. WALLACE, B. v. E. GUZMAN,, 687 So. 2d 1351 (Fla. Dist. Ct. App. 1997)

. . . the attorneys for the prevailing party — Guzman—are entitled to attorney's fees pursuant to section 119.12 . . .

COLLYER, v. DARLING,, 98 F.3d 211 (6th Cir. 1996)

. . . 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 . . .

PULS v. CITY OF PORT ST. LUCIE,, 678 So. 2d 514 (Fla. Dist. Ct. App. 1996)

. . . of this case, there was an unlawful refusal of access to the records within the meaning of section 119.12 . . .

A. BARFIELD, v. TOWN OF EATONVILLE,, 675 So. 2d 223 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

DORSEY, v. TOMPKINS,, 917 F. Supp. 1195 (S.D. Ohio 1996)

. . . the final agency decision to the court of common pleas is provided by Ohio Revised Code § 5101.35, § 119.12 . . .

L. E. HAROLD, v. ORANGE COUNTY, FLORIDA,, 668 So. 2d 1010 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

SCHOOL BOARD OF ALACHUA COUNTY, v. RHEA,, 661 So. 2d 331 (Fla. Dist. Ct. App. 1995)

. . . , 569 So.2d 246 (Fla. 1st DCA), rev. denied, 574 So.2d 140 (Fla.1990), this court held that section 119.12 . . .

TIMES PUBLISHING COMPANY, v. AKE,, 660 So. 2d 255 (Fla. 1995)

. . . 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 LOCAL SCHOOL DISTRICT, v. RECKERS, a RECKERS,, 892 F. Supp. 193 (S.D. Ohio 1995)

. . . 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 . . .

SMITH WILLIAMS, P. A. v. WEST COAST REGIONAL WATER SUPPLY AUTHORITY,, 640 So. 2d 216 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

LUPO, v. V. VOINOVICH,, 858 F. Supp. 699 (S.D. Ohio 1994)

. . . decision of the SPBR to the Franklin County Court of Common Pleas in accordance with Ohio Revised Code § 119.12 . . .

TIMES PUBLISHING COMPANY, a d b a St. v. AKE,, 645 So. 2d 1003 (Fla. Dist. Ct. App. 1994)

. . . information and the case was settled in all regards except the Times’ claim for attorney’s fees under section 119.12 . . .

WFTV, INC. d b a v. S. ROBBINS,, 625 So. 2d 941 (Fla. Dist. Ct. App. 1993)

. . . Further, in PHH, the supreme court established that the purpose of section 119.12(1) in authorizing an . . .

NEW YORK TIMES COMPANY, v. PHH MENTAL HEALTH SERVICES, INC., 616 So. 2d 27 (Fla. 1993)

. . . 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 . . .

P. WISNER, v. CITY OF TAMPA POLICE DEPARTMENT,, 601 So. 2d 296 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

SUTTON v. CLEVELAND BOARD EDUCATION, A. A., 958 F.2d 1339 (6th Cir. 1992)

. . . 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 . . .

PHH MENTAL HEALTH SERVICES, INC. a PHH v. NEW YORK TIMES COMPANY, d b a a d b a, 582 So. 2d 1191 (Fla. Dist. Ct. App. 1991)

. . . and the Lakeland Ledger Publishing Corporation were entitled to attorneys’ fees pursuant to section 119.12 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, STATE OF FLORIDA, v. J. MARTIN M., 574 So. 2d 1223 (Fla. Dist. Ct. App. 1991)

. . . 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). . . .

SUN REFINING MARKETING COMPANY, v. E. BRENNAN,, 921 F.2d 635 (6th Cir. 1990)

. . . . § 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 . . .

CITY OF MIAMI, a v. METROPOLITAN DADE COUNTY, a Co. a a MIAMI HERALD PUBLISHING CO. A DIVISION OF KNIGHT- RIDDER NEWSPAPER, INC. a v. CITY OF MIAMI, CITY OF MIAMI, a v. UNITED STATES, 745 F. Supp. 683 (S.D. Fla. 1990)

. . . . § 119.12 (1982 & Supp.1990). . . . .

TIMES PUBLISHING COMPANY, INC. a A. a v. CITY OF ST. PETERSBURG, a a CHISOX CORPORATION, a v. TIMES PUBLISHING COMPANY, INC. a A. a d b a WTSP- TV, St. a, 558 So. 2d 487 (Fla. Dist. Ct. App. 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 . . .

DOWNS, v. Ed AUSTIN,, 559 So. 2d 246 (Fla. Dist. Ct. App. 1990)

. . . 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 . . .

DANIELS, v. BRYSON, 548 So. 2d 679 (Fla. Dist. Ct. App. 1989)

. . . 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 . . .

FOX v. NEWS- PRESS PUBLISHING CO. INC. d b a, 545 So. 2d 941 (Fla. Dist. Ct. App. 1989)

. . . 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 . . .

BRUNSON M. v. DADE COUNTY SCHOOL BOARD,, 525 So. 2d 933 (Fla. Dist. Ct. App. 1988)

. . . 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 . . .

D. DAVIS, v. SARASOTA COUNTY PUBLIC HOSPITAL BOARD,, 519 So. 2d 75 (Fla. Dist. Ct. App. 1988)

. . . 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 . . .

SPENCER t a v. RESORTS AND SPAS, LTD. t d b a a a, 684 F. Supp. 842 (M.D. Pa. 1988)

. . . that the weight of each of its employees shall not exceed limitations prescribed by Weight Watchers (119.12 . . .

NEWS AND SUN- SENTINEL CO. v. PALM BEACH COUNTY,, 517 So. 2d 743 (Fla. Dist. Ct. App. 1987)

. . . The parties agreed that the following statute governs: 119.12 Attorney’s fees.— (1) If a civil action . . .

PESTRAK, v. OHIO ELECTIONS COMMISSION,, 670 F. Supp. 1368 (S.D. Ohio 1987)

. . . 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 . . .

CAMPUS COMMUNICATIONS, INC. v. CRISER,, 19 Fla. Supp. 2d 97 (Fla. Cir. Ct. 1986)

. . . The Court reserves jurisdiction to consider the plaintiff’s request pursuant to section 119.12, Florida . . .

STATE OF FLORIDA FLORIDA PUBLISHING COMPANY v. CARSON, 19 Fla. Supp. 2d 24 (Fla. Cir. Ct. 1986)

. . . reserves jurisdiction to tax Florida Publishing Company’s costs, including attorney’s fees under F.S. 119.12 . . .

STATE OF FLORIDA FLORIDA PUBLISHING COMPANY v. KINARD,, 14 Fla. Supp. 2d 170 (Fla. Cir. Ct. 1985)

. . . The Court reseryes jurisdiction to tax Petitioner’s costs, including attorney’s fees, under F.S. 119.12 . . .

FLORIDA FREEDOM NEWSPAPERS, INC. v. R. DEMPSEY,, 478 So. 2d 1128 (Fla. Dist. Ct. App. 1985)

. . . examination, and copying of the requested documents, and attorney’s fees and costs as authorized by section 119.12 . . .

CITY OF MELBOURNE, a v. A. T. S. MELBOURNE, INC. a, 475 So. 2d 270 (Fla. Dist. Ct. App. 1985)

. . . . §§ 119.01-119.12, Fla.Stat.; see also City of North Miami v. . . .

LOUDERMILL, v. CLEVELAND BOARD OF EDUCATION, DONNELLY, v. PARMA BOARD OF EDUCATION,, 721 F.2d 550 (6th Cir. 1983)

. . . 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. . . .

L. BOALS, v. H. GRAY,, 577 F. Supp. 288 (N.D. Ohio 1983)

. . . pleas of the county in which the employee resides in accordance with the procedure provided by section 119.12 . . .

SOMER, v. A. JOHNSON, M. D. P. A. a d b a, 704 F.2d 1473 (11th Cir. 1983)

. . . . § 119.01-119.12 (West 1982). Id. . . .

WFSH OF NICEVILLE, a v. CITY OF NICEVILLE H., 422 So. 2d 980 (Fla. Dist. Ct. App. 1982)

. . . 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 . . .

JONES, v. MIAMI HERALD PUBLISHING CO. a a, 416 So. 2d 480 (Fla. Dist. Ct. App. 1982)

. . . his Internal Review files was unreasonable so as to justify an award of attorney’s fees under Section 119.12 . . .

CITY OF TAMPA P. A. a v. TITAN SOUTHEAST CONSTRUCTION CORPORATION,, 535 F. Supp. 163 (M.D. Fla. 1982)

. . . . §§ 119.01-119.12, requires the City of Tampa to disclose documents that are attorney-client communications . . .