Florida Statutes 501.621 – Attorney’s fees and costs
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Terms Used In Florida Statutes 501.621
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 501.603
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Order: means a cease and desist order issued by the enforcing authority as set forth in…. See Florida Statutes 501.203
(1) In any civil action or investigation resulting from a transaction involving a violation of the provisions of this part, except as provided in subsection (3), the department shall receive reasonable attorney’s fees and costs from the nonprevailing party.
(2) Any award of attorney’s fees or costs shall become a part of the judgment and subject to execution as the law allows.
(3) In any civil litigation initiated by the department resulting in a judgment or administrative order, the court may award to the prevailing party reasonable attorney’s fees and costs if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or if the court finds bad faith on the part of the losing party.
(4) The attorney for the prevailing party shall submit a sworn affidavit of his or her time spent on the case and his or her costs incurred.