The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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F.S. 120.595

120.595 Attorney’s fees.—

(1) CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION 120.57(1).—

(a) The provisions of this subsection are supplemental to, and do not abrogate, other provisions allowing the award of fees or costs in administrative proceedings.

(b) The final order in a proceeding pursuant to s. 120.57(1) shall award reasonable costs and a reasonable attorney’s fee to the prevailing party only where the nonprevailing adverse party has been determined by the administrative law judge to have participated in the proceeding for an improper purpose.

(c) In proceedings pursuant to s. 120.57(1), and upon motion, the administrative law judge shall determine whether any party participated in the proceeding for an improper purpose as defined by this subsection. In making such determination, the administrative law judge shall consider whether the nonprevailing adverse party has participated in two or more other such proceedings involving the same prevailing party and the same project as an adverse party and in which such two or more proceedings the nonprevailing adverse party did not establish either the factual or legal merits of its position, and shall consider whether the factual or legal position asserted in the instant proceeding would have been cognizable in the previous proceedings. In such event, it shall be rebuttably presumed that the nonprevailing adverse party participated in the pending proceeding for an improper purpose.

(d) In any proceeding in which the administrative law judge determines that a party participated in the proceeding for an improper purpose, the recommended order shall so designate and shall determine the award of costs and attorney’s fees.

(e) For the purpose of this subsection:

1. “Improper purpose” means participation in a proceeding pursuant to s. 120.57(1) primarily to harass or to cause unnecessary delay or for frivolous purpose or to needlessly increase the cost of litigation, licensing, or securing the approval of an activity.

2. “Costs” has the same meaning as the costs allowed in civil actions in this state as provided in chapter 57.

3. “Nonprevailing adverse party” means a party that has failed to have substantially changed the outcome of the proposed or final agency action which is the subject of a proceeding. In the event that a proceeding results in any substantial modification or condition intended to resolve the matters raised in a party’s petition, it shall be determined that the party having raised the issue addressed is not a nonprevailing adverse party. The recommended order shall state whether the change is substantial for purposes of this subsection. In no event shall the term “nonprevailing party” or “prevailing party” be deemed to include any party that has intervened in a previously existing proceeding to support the position of an agency.

(2) CHALLENGES TO PROPOSED AGENCY RULES PURSUANT TO SECTION 120.56(2).—If the appellate court or administrative law judge declares a proposed rule or portion of a proposed rule invalid pursuant to s. 120.56(2), a judgment or order shall be rendered against the agency for reasonable costs and reasonable attorney’s fees, unless the agency demonstrates that its actions were substantially justified or special circumstances exist which would make the award unjust. An agency’s actions are “substantially justified” if there was a reasonable basis in law and fact at the time the actions were taken by the agency. If the agency prevails in the proceedings, the appellate court or administrative law judge shall award reasonable costs and reasonable attorney’s fees against a party if the appellate court or administrative law judge determines that a party participated in the proceedings for an improper purpose as defined by paragraph (1)(e). No award of attorney’s fees as provided by this subsection shall exceed $50,000.

(3) CHALLENGES TO EXISTING AGENCY RULES PURSUANT TO SECTION 120.56(3) AND (5).—If the appellate court or administrative law judge declares a rule or portion of a rule invalid pursuant to s. 120.56(3) or (5), a judgment or order shall be rendered against the agency for reasonable costs and reasonable attorney’s fees, unless the agency demonstrates that its actions were substantially justified or special circumstances exist which would make the award unjust. An agency’s actions are “substantially justified” if there was a reasonable basis in law and fact at the time the actions were taken by the agency. If the agency prevails in the proceedings, the appellate court or administrative law judge shall award reasonable costs and reasonable attorney’s fees against a party if the appellate court or administrative law judge determines that a party participated in the proceedings for an improper purpose as defined by paragraph (1)(e). No award of attorney’s fees as provided by this subsection shall exceed $50,000.

(4) CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION 120.56(4).—

(a) If the appellate court or administrative law judge determines that all or part of an agency statement violates s. 120.54(1)(a), or that the agency must immediately discontinue reliance on the statement and any substantially similar statement pursuant to s. 120.56(4)(f), a judgment or order shall be entered against the agency for reasonable costs and reasonable attorney’s fees, unless the agency demonstrates that the statement is required by the Federal Government to implement or retain a delegated or approved program or to meet a condition to receipt of federal funds.

(b) Upon notification to the administrative law judge provided before the final hearing that the agency has published a notice of rulemaking under s. 120.54(3)(a), such notice shall automatically operate as a stay of proceedings pending rulemaking. The administrative law judge may vacate the stay for good cause shown. A stay of proceedings under this paragraph remains in effect so long as the agency is proceeding expeditiously and in good faith to adopt the statement as a rule. The administrative law judge shall award reasonable costs and reasonable attorney’s fees accrued by the petitioner prior to the date the notice was published, unless the agency proves to the administrative law judge that it did not know and should not have known that the statement was an unadopted rule. Attorneys’ fees and costs under this paragraph and paragraph (a) shall be awarded only upon a finding that the agency received notice that the statement may constitute an unadopted rule at least 30 days before a petition under s. 120.56(4) was filed and that the agency failed to publish the required notice of rulemaking pursuant to s. 120.54(3) that addresses the statement within that 30-day period. Notice to the agency may be satisfied by its receipt of a copy of the s. 120.56(4) petition, a notice or other paper containing substantially the same information, or a petition filed pursuant to s. 120.54(7). An award of attorney’s fees as provided by this paragraph may not exceed $50,000.

(c) Notwithstanding the provisions of chapter 284, an award shall be paid from the budget entity of the secretary, executive director, or equivalent administrative officer of the agency, and the agency shall not be entitled to payment of an award or reimbursement for payment of an award under any provision of law.

(d) If the agency prevails in the proceedings, the appellate court or administrative law judge shall award reasonable costs and attorney’s fees against a party if the appellate court or administrative law judge determines that the party participated in the proceedings for an improper purpose as defined in paragraph (1)(e) or that the party or the party’s attorney knew or should have known that a claim was not supported by the material facts necessary to establish the claim or would not be supported by the application of then-existing law to those material facts.

(5) APPEALS.—When there is an appeal, the court in its discretion may award reasonable attorney’s fees and reasonable costs to the prevailing party if the court finds that the appeal was frivolous, meritless, or an abuse of the appellate process, or that the agency action which precipitated the appeal was a gross abuse of the agency’s discretion. Upon review of agency action that precipitates an appeal, if the court finds that the agency improperly rejected or modified findings of fact in a recommended order, the court shall award reasonable attorney’s fees and reasonable costs to a prevailing appellant for the administrative proceeding and the appellate proceeding.

(6) OTHER SECTIONS NOT AFFECTED.—Other provisions, including ss. 57.105 and 57.111, authorize the award of attorney’s fees and costs in administrative proceedings. Nothing in this section shall affect the availability of attorney’s fees and costs as provided in those sections.

History.—s. 25, ch. 96-159; s. 11, ch. 97-176; s. 48, ch. 99-2; s. 6, ch. 2003-94; s. 13, ch. 2008-104; s. 3, ch. 2017-3.

F.S. 120.595 on Google Scholar

F.S. 120.595 on Casetext

Amendments to 120.595

Arrestable Offenses / Crimes under Fla. Stat. 120.595

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.595.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF FINANCIAL SERVICES, v. CHOICE PLUS, LLC,, 263 So. 3d 304 (Fla. App. Ct. 2019)

. . . ) (holding that administrative law judge lacked jurisdiction to award attorney's fees under section 120.595 . . .

DEPARTMENT OF HEALTH d b a v. SHANDS JACKSONVILLE MEDICAL CENTER, INC. d b a UF JFK d b a JFK d b a d b a d b a HMA LLC, d b a St. St. s d b a St. s JFK d b a JFK d b a d b a v. d b a UF d b a d b a HMA LLC, d b a St St. s d b a St. s, 259 So. 3d 247 (Fla. App. Ct. 2018)

. . . mootness of the Proposed Rule, in particular, the challengers' right to attorney's fees under section 120.595 . . . a license disciplinary action, finding that the possibility of attorney's fees pursuant to section 120.595 . . . Fees here are sought under section 120.595(2) , which requires that "a judgment or order shall be rendered . . . We find this distinction to be relevant here, so that the request for fees under section 120.595(2) allows . . .

STATE v. PLANNED PARENTHOOD OF SOUTHWEST AND CENTRAL FLORIDA, INC., 207 So.3d 1032 (Fla. Dist. Ct. App. 2017)

. . . Respondent filed a motion requesting attorneys’ fees under the administrative fee-shifting statute, section 120.595 . . . Respondent then amended its request for attorneys’ fees, conceding it could not prevail under section 120.595 . . . administrative law judge lacked jurisdiction to reopen case to impose attorneys’ fees under section 120.595 . . .

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

. . . case, the Department did not meet the definition of “nonprevailing adverse party” set out in section 120.595 . . . Johnson sought an award of attorney’s "fees under sections 120.595 and 120.569, Florida'Statutes. . . . Because hearing officers are not authorized to rule on a request for fees under section 120.595, the . . . Johnson proceeded on his request for attorney’s fees before the- ALJ solely based on section 120.595( . . . Section 120.595(6) reiterates that section 120.595 does not affect the availability of attorney’s fees . . .

G. B. Z. L. K. L. J. H. M. R. v. AGENCY FOR PERSONS WITH DISABILITIES,, 180 So. 3d 183 (Fla. Dist. Ct. App. 2015)

. . . That administrative order awarded $50,000.00 in attorneys’ fees pursuant to section 120.595(2), Florida . . .

AMERISURE MUTUAL INSURANCE COMPANY, v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS COMPENSATION,, 156 So. 3d 520 (Fla. Dist. Ct. App. 2015)

. . . 120.57(l)(e), the ALJ determined Amerisure was entitled to recover fees and costs pursuant to section 120.595 . . .

AGENCY FOR HEALTHCARE ADMINISTRATION, v. BAYFRONT MEDICAL CENTER, INC. d b a CGH d b a d b a d b a d b a d b a d b a d b a d b a d b a St. s d b a St. s St. s d b a St. s St. s s St. s St. s s d b a d b a FMC d b a St. s, d b a St. s d b a d b a, 145 So. 3d 888 (Fla. Dist. Ct. App. 2014)

. . . Section 120.595(4)(a), Florida Statutes, requires that “[i]f the appellate court or administrative law . . .

VIERING, v. FLORIDA COMMISSION ON HUMAN RELATIONS WATSON,, 128 So. 3d 967 (Fla. Dist. Ct. App. 2013)

. . . Viering filed pursuant to section 120.595(5), Florida Statutes (2012), seeking attorney’s fees, and remanded . . . Under section 120.595(5), Ms. Viering filed a motion for attorney’s fees. . . . The second sentence of section 120.595(5), provides: Upon review of agency action that precipitates an . . . The Legislature enacted section 120.595(5) in 1996. See ch. 96-159, § 25, at 197, Laws of Fla. . . . Because section 120.595(5) amends section 760.35(3)(c) pro tanto, and because the notice requirement . . .

TOWN OF DAVIE, v. SANTANA, v. v., 98 So. 3d 262 (Fla. Dist. Ct. App. 2012)

. . . jurisdiction to adjudicate Appellant’s motion for attorney’s fees and costs filed pursuant to section 120.595 . . . .2d 1257, 1263 (Fla. 5th DCA 2004) (holding that an ALJ has jurisdiction to award fees under section 120.595 . . . See § 120.595(l)(b), Fla. . . .

J. S. v. C. M. L. C. J. S. L. L. J. F. C. A, s, 135 So. 3d 312 (Fla. Dist. Ct. App. 2012)

. . . Judge (“ALJ”) that denied his motion for attorney’s fees, based on the ALJ’s interpretation of section 120.595 . . . Because the ALJ erred in interpreting section 120.595(4), we reverse and remand for further proceedings . . . (4)(a) and 120.595(4)(b), Florida Statutes (2009), provided that he was entitled to attorney’s fees. . . . Section 120.595(4), Florida Statutes (2009), which authorizes an award of reasonable attorney’s fees . . . See id.; § 120.595(4)(b), Fla. Stat. (2009). . . .

MARTIN COUNTY CONSERVATION ALLIANCE v. MARTIN COUNTY, LLC, LC,, 73 So. 3d 856 (Fla. Dist. Ct. App. 2011)

. . . this case is not close to providing a basis to impose sanctions under section 57.105(1) or section 120.595 . . . Section 120.595(5), Florida Statutes (2009), provides, in pertinent part, that "[w]hen there is an appeal . . . Thus, the standard under section 120.595(5) imposes a greater burden than the standard under section . . .

PRO TECH MONITORING, INC. v. STATE DEPARTMENT OF CORRECTIONS,, 72 So. 3d 277 (Fla. Dist. Ct. App. 2011)

. . . deliberation, we feel constrained to grant Appellant’s motion for attorney’s fees and costs under section 120.595 . . . Regulation, Div. of Pari-Mutuel Wagering, 53 So.3d 1158, 1162 n. 4 (Fla. 1st DCA 2011) (awarding section 120.595 . . . Bd. of Prof'l Eng’rs, 946 So.2d 48, 49 (Fla. 1st DCA 2006) (awarding section 120.595(5) fees where the . . .

FT. MYERS REAL ESTATE HOLDINGS, LLC, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI- MUTUEL WAGERING,, 53 So. 3d 1158 (Fla. Dist. Ct. App. 2011)

. . . administrative law that, by separate order, we have granted Appellant’s motion for attorney's fees under section 120.595 . . .

B. GOPMAN, v. DEPARTMENT OF EDUCATION,, 974 So. 2d 1208 (Fla. Dist. Ct. App. 2008)

. . . own motion, should not impose appellate attorney’s fees against him pursuant to sections 57.105 and 120.595 . . .

D. STOKES, v. STATE BOARD OF PROFESSIONAL ENGINEERS,, 952 So. 2d 1224 (Fla. Dist. Ct. App. 2007)

. . . Stokes’ motion for attorney’s fees and costs pursuant to section 120.595(5), Florida Statutes (2005), . . .

SALAM, v. BOARD OF PROFESSIONAL ENGINEERS,, 946 So. 2d 48 (Fla. Dist. Ct. App. 2006)

. . . Section 120.595(5), Florida Statutes (2005), provides that when there is an appeal, the court may award . . . failure to ministerially rule on the petition cannot be “a gross abuse of discretion” under section 120.595 . . . constituted a gross abuse justifying an award of attorney’s fees to petitioner pursuant to section 120.595 . . .

RUCK, v. STATE BOARD OF PROFESSIONAL ENGINEERS,, 956 So. 2d 469 (Fla. Dist. Ct. App. 2006)

. . . on the merits for the sole purpose of determining his right to attorney’s fees pursuant to section 120.595 . . .

WALKER, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 932 So. 2d 618 (Fla. Dist. Ct. App. 2006)

. . . purpose of determining appellant’s right to prevailing-party appellate attorney’s fees under section 120.595 . . .

FRENCH, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 920 So. 2d 671 (Fla. Dist. Ct. App. 2006)

. . . of an administrative law judge to consider French’s request for attorney’s fees pursuant to section 120.595 . . . While we conclude that the plain language of section 120.595 does not authorize a hearing officer to . . . We recognize that our remand to an administrative law judge to consider fees under section 120.595(l) . . . Attorney’s Fees in this Appeal French requests appellate attorney’s fees pursuant to section 120.595( . . . (l)(c) or section 120.595(5). . . .

BOARD OF REGENTS v. WINTERS,, 918 So. 2d 313 (Fla. Dist. Ct. App. 2005)

. . . Winters contends that the ALJ’s fee award was correct under the provisions of section 120.595(5), Florida . . . We reject Winters’ argument that section 120.595(5) requires that there be no reduction in the award . . . Nothing in the text of section 120.595(5) supports applying the fee provisions in the punitive manner . . . A Rowe analysis is applicable under section 120.595(5) because the statute specifically provides for . . .

STEADMAN, o b o STEADMAN, v. DEPARTMENT OF MANAGEMENT SERVICES,, 901 So. 2d 915 (Fla. Dist. Ct. App. 2005)

. . . Pursuant to section 120.595(5), we grant her motion for attorney’s fees in the amount of $7,500, as requested . . . Section 120.595(5): (5) Appeals. — When there is an appeal, the court in its discretion may award reasonable . . .

RESIDENTIAL PLAZA AT BLUE LAGOON, INC. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 891 So. 2d 604 (Fla. Dist. Ct. App. 2005)

. . . We also grant appellant’s motion for attorney’s fees filed under section 120.595(5), Florida Statutes . . . seriously consider, and ultimately grant, RPBL’s motion for appellate attorney’s fees filed under section 120.595 . . . where “the agency action which precipitated the appeal was a gross abuse of the agency’s discretion.” § 120.595 . . .

CONSULTECH OF JACKSONVILLE, INC. v. DEPARTMENT OF HEALTH,, 876 So. 2d 731 (Fla. Dist. Ct. App. 2004)

. . . attorney’s fees and costs against Consultech, finding ISF entitled to fees and costs under section 120.595 . . . Finally, ISF has petitioned for an award of appellate attorney’s fees and costs pursuant to section 120.595 . . .

G. E. L. CORPORATION, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 875 So. 2d 1257 (Fla. Dist. Ct. App. 2004)

. . . issues we must resolve are: 1) whether an ALJ has jurisdiction to award attorney’s fees under section 120.595 . . . In the order, the ALJ held that pursuant to section 120.595, a full evidentiary hearing on the merits . . . This conclusion is premised on the provisions of sections 120.595(l)(b) and (c), Florida Statutes (2000 . . . Reading the provisions of sections 120.595 and 120.57 together, the ALJ came to the conclusion that a . . . While it agrees that sections 120.57(1) and 120.595(l)(b) should be considered together, GEL contends . . .

AGENCY FOR HEALTH CARE ADMINISTRATION, v. HHCI LIMITED PARTNERSHIP, d b a d b a d b a, 865 So. 2d 593 (Fla. Dist. Ct. App. 2004)

. . . See § 120.595(4), Fla. Stat. (2001). . . . Section 120.595(4)(a) provides, “[U]pon entry of a final order that all or part of an agency statement . . . HHCI argues that the language of section 120.595(4) does not foreclose an award of fees for related proceedings . . . Here, although section 120.595(4) does not specifically foreclose recovery of all legal fees incurred . . . statutory subsection in question governs “CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION 120.56(4).” § 120.595 . . .

JENKINS, v. STATE v., 855 So. 2d 1219 (Fla. Dist. Ct. App. 2003)

. . . proceeding and the consequences of an award of attorney’s fees and costs to the petitioner under section 120.595 . . .

V. VERLENI, v. DEPARTMENT OF HEALTH,, 853 So. 2d 481 (Fla. Dist. Ct. App. 2003)

. . . See § 120.595(5), Fla. Stat. (2000). . . .

OSCEOLA FISH FARMERS ASSOCIATION, INC. v. DIVISION OF ADMINISTRATIVE HEARINGS, 830 So. 2d 932 (Fla. Dist. Ct. App. 2002)

. . . proceeding and the consequences of an award of attorney’s fees and costs to the petitioner under section 120.595 . . . agency action and the challenger is entitled to reasonable costs and attorney’s fees under section 120.595 . . . Dep’t. of Ins., 707 So.2d 929 (Fla. 1st DCA 1998)(holding that section 120.595(4) requires awarding fees . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. D. H., 781 So. 2d 511 (Fla. Dist. Ct. App. 2001)

. . . Department to pay attorney fees and costs to D.H. as a sanction, pursuant to sections 120.569(2)(c) and 120.595 . . .

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE v. SUPPORT TERMINALS OPERATING PARTNERSHIP, L. P. B. Sr. P. J. V. J. V. Jr., 776 So. 2d 337 (Fla. Dist. Ct. App. 2001)

. . . Thereafter, the ALJ awarded appellees attorney’s fees and costs pursuant to section 120.595(2), Florida . . . review orders of Administrative Law Judges finally disposing of claims for fees and costs under section 120.595 . . . not subject to judicial review pursuant to section 120.68(1), Florida Statutes (2000) because section 120.595 . . . rule pursuant to section 120.56(2) is a necessary precondition to seeking such an award under section 120.595 . . .

JOHNSON, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 771 So. 2d 601 (Fla. Dist. Ct. App. 2000)

. . . We affirm the order denying attorney’s fees because such an award is not authorized under section 120.595 . . . By its terms, section 120.595(2) authorizes an award of attorney’s fees in a rule challenge under section . . .

STATE DEPARTMENT OF HEALTH, v. DISCOVERY EXPERIMENTAL AND DEVELOPMENT, INC., 767 So. 2d 1244 (Fla. Dist. Ct. App. 2000)

. . . including the travel expenses of appellee’s attorney and corporate representative) pursuant to section 120.595 . . .

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

. . . THE APPEAL Section 120.595(2), Florida Statutes (1999), provides: Challenges to proposed agency rules . . . Section 120.595(2) empowers an administrative law judge, after the invalidation of a proposed rule, to . . . Nothing in section 120.595(2) authorizes the award of attorneys’ fees to non-attorneys. . . .

ENVIRONMENTAL TRUST v. STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. ENVIRONMENTAL TRUST, L. P. LLC,, 714 So. 2d 493 (Fla. Dist. Ct. App. 1998)

. . . that the invalidated rule amendment was proposed before October 1, 1996, the date on which section 120.595 . . . Department of Ins., 707 So.2d 929 (Fla. 1st DCA 1998) (holding that section 120.595(4), Florida Statutes . . . proposed rule amendment falls, moreover, within the “special circumstances” contemplated by section 120.595 . . . continued to exist after October 1, 1996, Judge Ruff applied the attorney’s fee provision in section 120.595 . . . See § 120.595(2), Florida Statutes (Supp.1996). . . . The subsequent order assessing attorney’s fees against the Department under section 120.595(2), Florida . . . 120.56, Florida Statutes (Supp.1996), and the subsequent order assessing attorney’s fees under section 120.595 . . .

A. LUND, v. DEPARTMENT OF HEALTH,, 708 So. 2d 645 (Fla. Dist. Ct. App. 1998)

. . . purpose of determining appellant’s right to prevailing-party appellate attorney’s fees under section 120.595 . . . this court were to reverse the agency’s final order, her entitlement to attorney’s fees under section 120.595 . . . Instead, Lund hopes to obtain a “collateral legal benefit” that would arise under section 120.595(5) . . . Section 120.595(5) authorizes an award to the prevailing party only if the court also determines that . . . Section 120.595(5) provides: APPEALS.' — When there is an appeal, the court in its discretion may award . . .

FLORIDA LEISURE ACQUISITION CORPORATION, v. FLORIDA COMMISSION ON HUMAN RELATIONS,, 708 So. 2d 1001 (Fla. Dist. Ct. App. 1998)

. . . The correct statutory reference for such fees, at least at this point in time, is section 120.595(5), . . .

SECURITY MUTUAL LIFE INSURANCE COMPANY OF LINCOLN, NEBRASKA, v. DEPARTMENT OF INSURANCE AND STATE TREASURER,, 707 So. 2d 929 (Fla. Dist. Ct. App. 1998)

. . . succeeded in this regard, Security Mutual was entitled to an award of attorney’s fees under section 120.595 . . . entitled to payment of an award or reimbursement for payment of an award under any provision of law. § 120.595 . . .

LIFE CARE CENTERS OF AMERICA, INC. v. HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, 692 So. 2d 243 (Fla. Dist. Ct. App. 1997)

. . . Appellee HCR seeks appellate attorney’s fees on the basis of section 120.595(5), Florida Statutes (Supp . . . Section 120.595 provides: When there is an appeal, the court, in its discretion may award reasonable . . . frivolous and meritless, we grant the motion for appellate attorney’s fees and costs pursuant to section 120.595 . . .

PROCACCI COMMERCIAL REALTY, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, BDC, 690 So. 2d 603 (Fla. Dist. Ct. App. 1997)

. . . circumstances encompass fees and costs “for the administrative proceeding and the appellate proceeding,” § 120.595 . . . The same language now appears in section 120.595(5), Florida Statutes (Supp.1996). . . .