Chapter 15-4 Sanctions Pursuant to Statute

• Jurisdiction: United States

15-4 Sanctions Pursuant to Statute

15-4:1 Sanctions for Frivolous Claims and Defenses, and Unreasonable Delay

Section 57.105, Florida Statutes governs generally sanctions in civil cases, including sanctions in cases for the foreclosure of mortgages. Under Section 57.105, sanctions may be awarded on the court's own initiative or by motion of a party to the case.⁶¹ Sanctions pursuant to this statute are awarded where a party or their attorney knew or should have known that a claim or defense by a party was either not supported by the necessary material facts or would not be supported by the application of then-existing law.⁶² Also, where an action is taken for the purposes of delay, the court may award sanctions to the aggrieved party.⁶³ These sanctions may not include costs.⁶⁴ In certain circumstances, though, travel costs and travel time may be awarded as a sanction, particularly where a party was aware that their actions could result in unnecessary litigation.⁶⁵

However, good faith is a defense to the imposition of sanctions and, in the case of sanctions own the court's own initiative, such sanctions must be entered prior to a voluntary dismissal or settlement.⁶⁶ The reason for the good faith exception is that Section 57.105 is meant to provide sanctions in order to deter the filing of frivolous claim and defenses, as well as the pursuit of litigation for the purpose of unreasonable delay.⁶⁷

15-4:2 Safe Harbor from Sanctions

Section 57.105 provides a safe harbor period of 21 days, in which the offending motion or pleading may be withdrawn.⁶⁸ Any party that wishes to file a motion for sanctions under the statute must serve the motion on the party against whom they are seeking sanctions, but may not file the motion with the court until 21 days has elapsed from the date that the motion was served on the offending party.⁶⁹ Where a party contemplates filing a subsequent or amended motion for sanctions, that motion carries its own separate and independent 21-day safe harbor period.⁷⁰ The motion, when served but not filed, may not be a document filed in a court proceeding, meaning that certain service requirements would not apply to such a motion.⁷¹ This issue is not settled law, and conflict has been certified to the Florida Supreme Court.

The safe harbor provision is not simply a notice provision; it creates an opportunity to avoid a sanction.⁷² Prior to the time for filing the motion, the non-moving party may freely withdraw or correct the alleged offense.⁷³...