Division of Administrative Hearings, Florida
Filed: Mar. 05, 1990
The issue is whether Thomas P. Cimaglia should be awarded $15,000 as a cost in attorney's fees under the Equal Access to Justice Act, Section 57.111, Florida Statutes, based upon a joint stipulation for settlement which Mr. Cimaglia had entered into with the Department of Environmental Regulation in a prior proceeding. That prior proceeding had resulted in reimbursement to Mr. Cimaglia of funds which first had been denied when under Section 376.3071(12), Florida Statutes, he applied for clean-up costs for petroleum pollution.Attorney fees incurred early in program to reimburse cleanup costs because department had not decided what proof would be acceptable is reimburseable under 57.111