STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WILLIAM P. MCCLOSKEY,

vs.

Petitioner,

Case No. 15-5009FC

DEPARTMENT OF FINANCIAL SERVICES,

Respondent.

/

FINAL ORDER ON REMAND

This case (formerly designated as DOAH Case No. 13-3214F) commenced upon the filing by William P. McCloskey (Petitioner) of an Application for Attorney's Fees and Costs Pursuant to

Section 57.111, Florida Statutes. A hearing was conducted on February 26, 2014, during which the Petitioner and the Department of Financial Services (Respondent) stipulated that if the Petitioner prevailed, the amount to be awarded to the Petitioner was $50,000.

On May 14, 2014, a Final Order was issued in DOAH Case

No. 13-3214F denying the Petitioner's Application for Attorney's Fees and Costs. An appeal of the Final Order was taken by the Petitioner to the District Court of Appeal of the State of Florida, Fifth District, and on August 21, 2015, the Final Order was reversed and remanded to the Division of Administrative Hearings (DOAH).

ORDER

Based on the foregoing, and upon review of the decision rendered by the appellate court, it is hereby ORDERED that the Petitioner’s Application for Attorney's Fees and Costs is GRANTED, and the stipulated amount of $50,000 is assessed against the Respondent.

DONE AND ORDERED this 16th day of October, 2015, in Tallahassee, Leon County, Florida.

S

WILLIAM F. QUATTLEBAUM

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 16th day of October, 2015.

COPIES FURNISHED:

H. Richard Bisbee, Esquire

Law Office of H. Richard Bisbee, P.A. Suite 206

1882 Capital Circle, Northeast Tallahassee, Florida 32308 (eServed)

James A. Bossart, Esquire Department of Financial Services 612 Larson Building

200 East Gaines Street Tallahassee, Florida 32399-0333 (eServed)

Julie Jones, CP, FRP, Agency Clerk Division of Legal Services Department of Financial Services

200 East Gaines Street Tallahassee, Florida 32399-0390 (eServed)

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 the original notice of administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy of the notice, accompanied by any filing fees prescribed by law, with the clerk of the District Court of Appeal in the appellate district where the agency maintains its headquarters or where a party resides or as otherwise provided by law.

Docket for Case No: 15-005009FC

Orders for Case No: 15-005009FC