STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
KIM and RUSSELL ROSS, as parents ) and natural guardians of )
CHRISTINA ROSS, a minor, )
)
Petitioners, )
)
vs. ) CASE NO. 93-2982N
) FLORIDA BIRTH-RELATED NEUROLOGICAL ) INJURY COMPENSATION ASSOCIATION, )
)
Respondent. )
)
FINAL ORDER DENYING MOTION FOR AN AWARD OF POST-JUDGMENT INTEREST
ON THE AWARD OF ATTORNEY'S FEES AND COSTS
Pursuant to notice, a hearing was held in the above-styled case on May 5, 1994, to address petitioners' motion for an award of interest on a previously entered award of attorney's fees and costs.
APPEARANCES
For Petitioners: Theodore R. Dempster, Esquire
Simon, Schindler & Sandberg, P.A. 1492 South Miami Avenue
Miami, Florida 33130
For Respondent: Wilbur E. Brewton, Esquire
Taylor, Brion, Buker & Greene
225 South Adams Street, Suite 250 Tallahassee, Florida 32301
STATEMENT OF THE ISSUE
At issue is whether interest should be assessed on an award of attorney's fees and costs under the Florida Birth-Related Neurological Injury Compensation Plan.
STATEMENT OF THE CASE
On April 8, 1992, an order awarding petitioners attorney's fees and costs pursuant to the Florida Birth-Related Neurological Injury Compensation Plan (hereinafter referred to as the "Plan") was rendered by a Judge of Compensation Claims, Division of Workers' Compensation, Department of Labor and Employment Security (hereinafter referred to as "DWC"). The amount awarded was subsequently amended by order of May 13, 1992, and again by order of June 23, 1992.
By notice of July 8, 1992, petitioners noticed their appeal to the District Court of Appeal, Second District of Florida, of the orders of the Judge of Compensation Claims, rendered April 8, 1992, May 13, 1992, and June 23, 1992, that awarded attorney's fees and costs. Respondent noticed its cross appeal of such orders by notice of July 20, 1992.
Effective May 15, 1993, by operation of Chapter 93-251, Laws of Florida, jurisdiction to hear and decide all pending and future claims for compensation under the Plan was transferred from DWC to the Division of Administrative Hearings (hereinafter referred to as "DOAH"), and on June 2, 1993, DWC transferred the case files in the above-styled case to DOAH.
On February 25, 1994, the opinion of the appellate court issued affirming in all respects the award of attorney's fees and costs theretofore rendered by the Judge of Compensation Claims, and on March 22, 1994, respondent, Florida Birth-Related Neurological Injury Compensation Association (hereinafter referred to as "NICA"), satisfied the award of attorney's fees and costs by payment of $207,761.51 to petitioners.
By motion filed April 12, 1994, petitioners now request that they be awarded interest on the sum of $207,761.51, pursuant to Section 55.03, Florida Statutes, at the rate of 12 percent a year from June 23, 1992, through March 22, 1994. Respondent opposes such request. 1/
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. Section 766.304, Florida Statutes (1993). 2/
Here, petitioners have requested an award of interest, pursuant to Section 55.03, Florida Statutes, on the attorney's fees and costs heretofore awarded in the above-styled case. While so phrased, the essence of the matter is whether, pursuant to Section 55.03, Florida Statutes, interest on the award of attorney's fees and costs ran, as a matter of law, from the time of the order of the Judge of Compensation Claims. If so, NICA, by failing to pay interest, would have failed to comply with or satisfy the award, and petitioners would be entitled to the entry of an order directing NICA's compliance by the payment of interest. Section 766.312(1), Florida Statutes. For the reasons that follow, it is concluded, however, that interest, pursuant to Section 55.03, Florida Statutes, does not accrue on awards rendered pursuant to the Florida Birth- Related Neurological Injury Compensation Plan, and that petitioners' request that NICA be directed to pay such sums should therefore be denied.
Section 55.03(1), Florida Statutes, provides, in pertinent part: "A judgment or decree entered on or after October 1, 1991, shall bear interest at the rate of 12 percent a year . . . ." Such statute:
. . . embraces pronouncements by a court entitling the party in whose favor they are rendered to do all things necessary and appropriate to effectuate compliance with the terms of the decrees. A judgment is commonly
an order which will support a writ of execution, as for example, the levying on the assets of a judgment debtor.
In Re Estate of Lunga, 360 So.2d 109, 111 (Fla. 3d DCA 1978).
An award of compensation, including an award of attorney's fees and costs, obtained under the Florida Birth-Related Neurological Injury Compensation Plan through a "quasi-judicial" administrative agency, such as DOAH, is not a "judgment or decree" as contemplated by Section 55.03(1), Florida Statutes, and therefore such awards do not automatically draw interest from date of rendition to date of compliance. 3/ See, Allen United Enterprises v. Special Disability Fund, 288 So.2d 204 (Fla. 1974), Bank of Central Florida v. Department of Banking and Finance, 470 So.2d 742 (Fla. 1st DCA 1985), and In Re Estate of Lunga, supra.
Indeed, "it is well recognized that the powers of administrative agencies are measured and limited by the statutes or acts in which such powers are expressly granted or implicitly conferred." Department of Environmental Regulation v. Puckett Oil, Inc., 577 So.2d 988, 991 (Fla. 1st DCA 1991). Here, there is no authority for the application of Section 55.03(1), Florida Statutes, to administrative proceedings under the Plan. Nor is there any statutory authority under Florida's Administrative Procedure Act, Chapter 120, or the Florida Birth-Related Neurological Injury Compensation Plan, Sections 766.301, et. seq., Florida Statutes, which allows for the assessment of interest on awards under the Plan. Finally, I cannot glean that any provision of Chapter
120 or other statutory authority reasonably implies the allowance of the interest sought by petitioners. Under such circumstances, there is no basis to award petitioners the relief sought. See, Florida Hospital v. Department of Health and Rehabilitative Services, 507 So.2d 696 (Fla. 1st DCA 1987).
CONCLUSION
Based on the foregoing, it is
ORDERED that petitioners' motion for an award of interest on the attorney's fees and costs award is denied.
DONE AND ORDERED in Tallahassee, Leon County, Florida, this 6th day of June 1994.
WILLIAM J. KENDRICK
Hearing Officer
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 6th day of June 1994.
ENDNOTES
1/ The matters set forth in paragraphs 1-5 are either apparent from the record or were stipulated to at hearing.
2/ In its response to the motion for an award of interest on the attorney's fees and costs award, respondent suggests that DOAH lacks jurisdiction to entertain the subject motion. Such assertion is rejected since the initial order awarding compensation reserved jurisdiction to enforce compliance with and payment of the award, and Section 766.312(1), Florida Statutes, provides that the "hearing officer shall have full authority to enforce his awards." Accordingly, should a dispute arise between the parties regarding the compensability of an expense that arose subsequent to the initial hearing on the claim (a "future expense") or where, as here, a dispute arises as to whether NICA has complied with the award, DOAH has jurisdiction to resolve the matter.
Section 766.312(1), Florida Statutes.
3/ In reaching the foregoing conclusion, the decision rendered in Stone v. Jeffres, 208 So.2d 827 (Fla. 1968), and relied upon by petitioners, has not been overlooked. That case dealt, however, with an award under the Workmen's Compensation Act against an employer and its insurance carrier, whereas the instant case involved an award, irrespective of fault, under the Florida Birth- Related Neurological Injury Compensation Plan, to be paid from public funds.
See, Florida Birth-Related Neurological Injury Compensation Association v. Carreras, 19 FLW D358 (Fla. 3d DCA 1994). Accordingly, I find Stone v. Jeffres distinguishable from the instant case, and the authorities relied upon herein as more persuasive.
Moreover, were Stone v. Jeffres accepted as authority to support an award of interest, pursuant to Section 55.03, Florida Statutes, on an award under the Florida Birth-Related Neurological Injury Compensation Plan, recovery would not be warranted in this case because the order awarding attorney's fees and costs was not "conclusive and binding" or, stated differently, NICA's obligation to pay was not fixed until resolution of the appeal. Sections 766.303(2) and 766.311, Florida Statutes. Accordingly, since NICA satisfied the award on March 22, 1994, two days before the mandate issued, recovery of interest would not be appropriate under any circumstances.
COPIES FURNISHED:
Theodore R. Dempster, Esquire Simon, Schindler & Sandberg 1492 South Miami Avenue Miami, Florida 33130
Wilber E. Brewton, Esquire
225 South Adams Street, Suite 250 Tallahassee, Florida 32301
Lynn Dickinson, Executive Director Florida Birth-Related Neurological
Injury Compensation Association Barnett Bank, Suite 312
Post Office Box 1528 (32302)
Tallahassee, Florida 32301
NOTICE OF RIGHT TO JUDICIAL REVIEW
A party who is adversely affected by this final order is entitled to judicial review pursuant to Sections 120.68 and 766.311, Florida Statutes. Review proceedings are governed by the Florida Rules Of Appellate Procedure. Such proceedings are commenced by filing one copy of a notice of appeal with the Agency Clerk Of The Division Of Administrative Hearings and a second copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See, Section 120.68(2), Florida Statutes, and Florida Birth- Related Neurological Injury Compensation Association v. Carreras, 598 So.2d 299 (Fla. 1st DCA 1992). The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.
| Issue Date | Document | Summary |
|---|---|---|
| Jun. 06, 1994 | DOAH Final Order | Interest not allowed on an award of attorney`s fees and costs under Florida Birth-related Neurological Injury Compensation plan. |
| Jun. 06, 1994 | DOAH Final Order |
