Understanding the 57.105 Process in Florida: How Miami Businesses Can Use (and Defend Against) Fee Sanctions
In commercial litigation, few tools are as misunderstood—and as misused—as Florida Statute §57.105. Miami businesses hear about 57.105 motions all the time, but most owners and even many lawyers misunderstand what the statute actually requires, how the 21-day “safe harbor” works, and what courts expect before awarding sanctions.
This article walks through the actual process, step by step, so Florida litigants understand both the offensive and defensive sides of 57.105.
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1. What 57.105 Really Targets (and What It Doesn’t)
Florida Statute §57.105 allows a court to award attorney’s fees when:
• A claim or defense is not supported by material facts,
• OR is not supported by existing law (or a reasonable argument for changing the law).
But courts in Miami frequently clarify:
57.105 is NOT for:
• Close questions of fact
• Novel issues
• Strategic litigation decisions
• Minor pleading defects
57.105 IS for:
• Claims contradicted by documents
• Defenses belied by emails or contracts
• Re-litigation of issues already adjudicated
• Claims brought solely for delay or leverage
This distinction matters, because judges in the Eleventh Judicial Circuit often deny 57.105 motions if they resemble litigation tactics instead of true sanction requests.
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2. The 21-Day Safe Harbor Is Not Optional
Before filing a 57.105 motion with the court, you must:
(1) Serve the motion on the opposing party,
(2) Wait 21 days,
(3) Give them a chance to withdraw or correct the claim,
(4) Only then file it with the court (if they don’t fix it).
If you skip any of these, the court will deny the motion automatically, even if the underlying case is frivolous.
Miami judges enforce this rule strictly.
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3. What a Compliant Safe-Harbor Letter Looks Like
Florida’s appellate courts have repeatedly said the safe-harbor notice must be clear enough that a reasonable attorney understands:
• What claims or defenses are being challenged
• Why they violate §57.105
• What the recipient must do to avoid sanctions
A vague “your claim is frivolous” letter isn’t enough.
The safest format is:
• A cover letter identifying each defective claim/defense
• The actual motion attached (unsigned or signed—courts allow both)
• A clear statement that the motion will be filed if not withdrawn in 21 days
Businesses and counsel often lose 57.105 motions because the safe-harbor notice lacked specificity.
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4. What Happens After the 21 Days Expire
If the other party doesn’t withdraw the challenged claim or defense:
Step 1: File the motion with the court
Step 2: Set it for hearing (depending on judicial preference)
Step 3: Present evidence that the claim was frivolous when raised
Judge-specific practice in Miami matters:
• Some judges hear 57.105 motions early
• Some wait until summary judgment
• Some rule only post-trial
This timing affects leverage dramatically.
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5. What Counts as “Without Support”? Florida’s Actual Standard
Miami courts evaluate whether:
1. The party should have known the claim lacked factual support,
2. The legal theory had no foundation in Florida law, and
3. The attorney’s investigation was objectively unreasonable.
Examples where sanctions are often granted:
• Claims contradicted by a written agreement
• Defenses contradicted by public records
• Fraud claims without specific misrepresentations
• Tort claims barred by the economic-loss rule
• Claims re-asserted after being dismissed with prejudice
Examples where sanctions are usually denied:
• Cases involving credibility disputes
• Cases requiring expert testimony
• Disputes about ambiguous contracts
• Reasonable extensions of existing law
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6. Joint Liability: Why Both the Lawyer and the Client Are Exposed
Unlike many sanction rules, §57.105 imposes fees jointly and severally on:
• The party, and
• The party’s attorney
Miami litigators often forget this. A client can’t simply “blame the lawyer,” and a lawyer can’t blame the client.
Courts expect both to ensure factual and legal sufficiency.
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7. Using 57.105 Strategically (Without Backfiring)
In Miami commercial litigation, the statute is frequently used as:
✔️ A settlement lever
✔️ A way to shut down abusive pleadings
✔️ A signal that certain claims are not legally viable
But overusing 57.105 motions can backfire:
• Judges may see it as aggressive posturing
• Opposing counsel may harden their position
• Courts may deny the motion and lecture the moving party
Successful use of 57.105 relies on precision, not volume.
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8. Defending Against a 57.105 Notice
If a Miami business receives a safe-harbor notice:
A smart response often includes:
• Immediately evaluating the challenged claim
• Amending or narrowing the pleading if appropriate
• Gathering documents showing factual support
• Preparing to demonstrate a “good-faith basis”
Withdrawing or correcting the claim within the 21-day window nearly always eliminates exposure.
Even if the opposing party later files the motion, the court will deny it if the claim was withdrawn during safe harbor.
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9. The Court’s Hearing: What Actually Happens
At a 57.105 hearing, the movant must show:
• The claim had no factual support at the time it was filed
• OR no legal basis under Florida law
• AND the opposing party should have known this beforehand
The court may:
• Grant sanctions
• Deny sanctions
• Reserve ruling until later in the case
• Award partial fees (rare but possible)
If fees are awarded, the court sets a reasonableness hearing to determine the amount.
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10. Why This Matters for Miami Businesses
Commercial litigation in South Florida is often fast-paced, document-heavy, and emotionally charged. 57.105 serves as:
• A guardrail preventing abusive filings
• A pressure valve encouraging early case evaluation
• A mechanism to protect businesses from baseless claims
When used precisely, the statute can dramatically shift leverage.
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Conclusion
Florida Statute §57.105 is powerful—but only when used correctly.
Understanding the safe harbor, the evidentiary standard, and the timing of the motion can mean the difference between:
• Recovering your attorney’s fees, or
• Watching a sanctions request get denied while the case drags on.
