Division of Administrative Hearings, Florida
Filed: Jul. 22, 2008
The issues to be resolved in this proceeding concern whether the Petitioner, Community Health Charities of Florida (CHC), is entitled to an award of attorney's fees and costs as a "prevailing small business party" pursuant to Section 57.111, Florida Statutes (2008), by being a prevailing small business party in the underlying case of Community Health Charities of Florida, et. al v. Florida Department of Management Services, DOAH Case No. 07-3547, Recommended Order February 29, 2008; Final Order May 29, 2008. Also, at issue is whether the Respondent Agency's actions, with regard to the underlying case, were substantially justified or whether special circumstances exist which would render an award of attorney's fees and costs unjust.Petitioner failed to prove it was a prevailing small business party for attorney fee claim. In the underlying case, the parties awarded benefits (Charities) who brought the attorney fee claim. Thus, it did not prevail in lower proceeding.
