Division of Administrative Hearings, Florida
Filed: Dec. 23, 1993
This case went to hearing on the Amended Petition for Award of Attorney Fees and Costs filed by the Petitioner, Alice P. White, d/b/a Miss Patty's Day Care Center, under Section 57.111, Fla. Stat. (1993), the Florida Equal Access to Justice Act. The issues are: (1) whether the Respondent, the Department of Health and Rehabilitative Services (HRS), was "substantially justified" in filing the Administrative Complaint against the Petitioner in Division of Administrative Hearings (DOAH) Case No. 92-7148 and in denying the Petitioner's application to renew her day care license (DOAH Case No. 92-7447); (2) if not, whether HRS waived any dispute as to the reasonableness of the amount of attorney fees for which the Petitioner has applied by failing to file an affidavit raising the issue properly under Section 57.111(4)(c), Fla. Stat. (1993), and F.A.C. Rule 60Q-2.035(4); (3) if not, the amount of reasonable attorneys fees; and (4), if the amount of reasonable attorneys fees and costs exceeds $15,000, whether a "double" statutory $15,000 cap on fees and costs (one each for both DOAH Case No. 92-7148 and DOAH Case No. 92-7447) applies, for a total statutory cap of $30,000, or whether a single statutory cap applies to both underlying cases, for a total of $15,000, under Section 57.111(4)(d)2., Fla. Stat. (1993).One $15K cap though two cases; AC license renewal. No waiver as to amount though no affidavit. No contigent fee multiplier. Substantial justification.