What Price Frivolity? Section 57.105 Comes to the APA

The APA has rules that allow for attorneys’ fees to be awarded in certain situations, such as if someone files unnecessary or frivolous paperwork, or if they don’t follow discovery rules. The law also allows small businesses to get money back for attorneys’ fees if they have to defend themselves in a legal proceeding that the government started for no good reason. In 2003, the law was expanded to include APA proceedings, so now parties can have to pay fees and costs if they make claims or defenses that are frivolous. In 1999, Florida made changes to a law that allows for the recovery of attorney’s fees in civil cases. Then in 2003, they expanded the law to include administrative proceedings as well. This means that if a party files a frivolous claim in an administrative proceeding, they could be on the hook for the other party’s attorney’s fees. This law has been tested in court many times, so there are lots of cases that explain how it works. In most cases, the law kicks in when someone files a complaint or petition with the court or agency. But in some cases, it might not start until someone actually files a formal petition. If someone files a complaint or denies an application without a good reason, they may have to pay the other party’s legal fees. There’s a “safe harbor” rule that lets them take back their complaint within 21 days if the other party says it’s pointless. But if they don’t follow the rules, they could still have to pay. An ALJ can also decide to make them pay fees on their own. A claim or defense is considered pointless if it has no basis in fact or law. In one case, the court said that a claim is pointless if it has no chance of winning and is just used to delay the case or hurt the other person. If someone files a lawsuit without any evidence or with false information, they may have to pay the other party’s legal fees. But, just because someone loses a case doesn’t automatically mean they have to pay. The judge has to make a detailed decision about why they have to pay. This rule applies to all legal proceedings, not just those at a specific agency. The statute F.S. §57.105 punishes frivolous claims in all administrative proceedings under Chapter 120. In a case called French v. Department of Children and Families, the court said that the statute applies to all APA proceedings, not just ones at DOAH. This makes sense because the purpose of the statute is to discourage baseless administrative proceedings. So, the statute applies to all APA proceedings, whether they happen at DOAH or somewhere else. When agencies make decisions in administrative hearings, they have to consider requests and objections from the parties involved. They can also issue statements to clarify things. If someone acts frivolously during the process, the agency can make them pay for the other party’s legal costs. This is a stronger punishment than what is available in other laws. It doesn’t matter if the party is a small business or not, and there’s no cap on the amount they have to pay. If someone in a legal case files a paper just to cause trouble or make things take longer, they can be forced to pay the other side’s legal fees. This is called an “improper purpose” and it applies to administrative proceedings. If a claim is found to be frivolous, meaning it doesn’t help the case, the person who filed it may have to pay the other side’s fees. This is because of a law called F.S. §57.105 which has a broader scope than another related law, F.S. §120.569(2)(e). So, if someone’s claim is frivolous under the second law, it will usually also be considered an “improper purpose” under the first law. Before 2003, certain rules existed in different parts of Chapter 120. The rules allow for fees and “damages” to be awarded for delaying or harassing legal actions. A court case found that a complaint filed with an agency can lead to a claim against the person filing the complaint if it’s found to be frivolous. This could result in the person being responsible for costs and fees. Another case stated that fees can be awarded for any unsupported claim or defense. These rules are in place to discourage people from making baseless or unnecessary legal actions. The Florida Bar wants its members to understand the importance of serving the public, and to make sure that the justice system is fair. They also want to improve the way the law works and is understood.

Source: https://www.floridabar.org/the-florida-bar-journal/what-price-frivolity-section-57-105-comes-to-the-apa/