STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

D.I.C. COMMERCIAL CONSTRUCTION CORP., )

)

Petitioner, )

)

vs. ) CASE NO. 92-6545F

) DEPARTMENT OF MANAGEMENT SERVICES, )

)

Respondent. )

)

FINAL ORDER

This Cause came before the undersigned on the Petition for Attorney's Fee Pursuant to Florida Statute Section 57.111 and Florida Administrative Code 22I-

1. filed October 30, 1992; on Respondent's Response in Opposition to Petition for Attorney's Fee filed November 23, 1992; on Respondent's Prehearing Statement filed February 4, 1993; on the Affidavit of Roger E. Seal filed February 9, 1993; and on the Joint Stipulation filed February 10, 1993.

   
   

   Those pleadings taken as a whole demonstrate without dispute that Petitioner meets the statutory definition of prevailing small business party pursuant to the Florida Equal Access to Justice Act, that Respondent's actions were not substantially justified at the time the underlying action was initiated, that no circumstances exist which would make an award of attorney's fees and costs unjust, and that Petitioner incurred at least $15,000 in reasonable, allowable fees and costs in the underlying proceeding, D.I.C. Commercial Construction Corp. vs. Department of General Services and The Weitz Company, Inc., DOAH Case No. 92-2370BID. It is, therefore,

   
   

   ORDERED that:

   
   

   1. The final hearing in this cause scheduled for February 22, 1993, be and the same is hereby cancelled.

      
      

   2. The Petition for Attorney's Fee be and the same is hereby granted.

      
      

   3. Respondent Department of Management Services, formerly known as Department of General Services, shall pay $15,000 to Petitioner D.I.C. Commercial Construction Corp. within 30 days from the date of this Final Order. Such payment shall be made to Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A. Trust Account and forwarded directly to Melinda S. Gentile, Esquire.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 16th day of February, 1993.

LINDA M. RIGOT

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 16th day of February, 1993.

COPIES FURNISHED:

Melinda S. Gentile, Esquire Ruden, Barnett, McClosky, Smith,

Schuster & Russell, P.A. 15th Floor

200 East Broward Boulevard Post Office Box 1900

Fort Lauderdale, Florida 33302

Stephen S. Mathues, Esquire Department of Management Services Office of the General Counsel Suite 309, Knight Building

2737 Centerview Drive

Tallahassee, Florida 32399-0950

William H. Linder, Secretary Department of Management Services Knight Building, Suite 307

Koger Executive Center 2737 Centerview Drive

Tallahassee, Florida 32399-0950

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: 92-006545F

Orders for Case No: 92-006545F