Division of Administrative Hearings, Florida
Filed: Apr. 21, 2015
The issues in this case, which arises from Petitioner's application for an award of attorney's fees and costs pursuant to section 57.111, Florida Statutes, are whether Petitioner was a prevailing small business party in a disciplinary proceeding that Respondent initiated, and, if so, whether Respondent's decision to prosecute Petitioner was substantially justified or whether special circumstances exist that would make an award unjust.As a prevailing small business party, Petitioner was awarded attorney's fees and costs because Respondent's decision to prosecute Petitioner for alleged disciplinable offenses was not substantially justified.
