STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOSEPH LASICK, d/b/a BIG ) STILL LIQUORS, )

)

Petitioner, )

)

vs. ) CASE NO. 95-0542F

) DEPARTMENT OF BUSINESS AND ) PROFESSIONAL REGULATION, )

)

Respondent. )

)

FINAL ORDER

By Petition for Attorney's Fees filed February 6, 1995, Petitioner requests attorney's fees under Section 57.111, Florida Statutes, and Rule 60Q-2.037, Florida Administrative Code. The Petition alleges that Petitioner was the prevailing party in Department of Business and Professional Regulation v. Joseph Lasick, d/b/a/ Big Still Liquors, DOAH Case No. 94-2061, and that the proceeding was substantially unjustified.

An Affidavit of Harold M. Stevens, attorney for Petitioner, accompanies the Petition. The affidavit asserts that Mr. Stevens charged, and Petitioner agreed to pay, $5752.50 in fees based on $150 per hour times 38.35 hours. An invoice also reflects costs of $378.25 for photocopies ($12.25), long distance telephone calls ($3.50), trial transcript ($347), and overnight delivery ($15.50). The total fees and costs are $6130.75.

By Response to Petition for Attorney's Fees filed February 28, 1995, Respondent states that it does not seek an evidentiary hearing, finds the attorney's fees reasonable, and agrees to issue a final order awarding attorney's fees to Respondent.

Respondent's response acknowledges liability for attorney's fees, but omits mentions of costs. Under Section 57.111(4)(a), the hearing officer awards attorney's fees and costs to a prevailing small business party against an agency, unless the agency's actions were substantially justified. Nothing suggests that Respondent seeks to contest the relatively small amount of the claim consisting of costs.

Section 57.111(4)(d) provides that the hearing officer shall issue a final order on a claim under this section.

Based on the foregoing, it is hereby

ORDERED that the Department of Business and Professional Regulation shall pay Joseph Lasick, d/b/a Big Still Liquors, the sum of $6130.75 as attorney's fees and costs under Section 57.111.

ENTERED on March 30, 1995, in Tallahassee, Florida.

ROBERT E. MEALE

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 on March 30, 1995.

COPIES FURNISHED:

Richard T. Farrell, Secretary Department of Business and

Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792

Linda Goodgame, General Counsel Department of Business and

Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792

Richard D. Courtemanche, Jr. Senior Attorney

Department of Business and Professional Regulation

Division of Alcoholic Beverages and Tobacco

1940 N. Monroe St. Tallahassee, FL 32399-1007

Harold M. Stevens Harold M. Stevens, P.A.

P.O. Drawer 1440 Ft. Myers, FL 33902

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, 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 DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

Docket for Case No: 95-000542F

Orders for Case No: 95-000542F