Can Sanctions Be Awarded for a Frivolous Claim in Florida?

Section 57.105(1) applies to claims or defenses at any point in a civil proceeding. The award may be made on the court's own initiative or on a party's motion, and it includes prejudgment interest.

Section 57.105(2) addresses delay. If a party proves by a preponderance of the evidence that the opposing party took an action primarily for unreasonable delay, the court must award damages for reasonable expenses, which may include attorney's fees.

There are exceptions. Sanctions under the legal support ground are not awarded if the claim was a good faith argument to extend, modify, or reverse existing law with a reasonable expectation of success. A losing party's attorney is not sanctioned under subsection (1) for acting in good faith on the client's factual representations. A represented party is not sanctioned under the legal support ground.

Section 57.105(4) creates a safe harbor. A motion for sanctions must be served but may not be filed with the court unless the challenged paper, claim, or defense is not withdrawn or corrected within 21 days after service. Other fee shifting rules are explained in whether the winning side can recover attorney fees.