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AGENCY FOR HEALTH CARE ADMIN. v. HHCI LTD.

No. 1D02-1588.

865 So.2d 593 (2004)

AGENCY FOR HEALTH CARE ADMINISTRATION, Appellant, v. HHCI LIMITED PARTNERSHIP, d/b/a Harborside Healthcare-Pinebrook, d/b/a Harborside Healthcare-Sarasota, d/b/a Harborside Healthcare-Nables, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 12, 2004.

Attorney(s) appearing for the Case

Gregory J. Philo of Agency for Health Care Administration, Tallahassee, for Appellant.

David K. Miller, P.A., and Donna Holshouser Stinson of Broad and Cassel, Tallahassee, for Appellee.

KAHN, J.

The issue in this administrative case concerns Florida's statutory policy of allowing reasonable costs and reasonable attorney's fees to a petitioner that successfully challenges an administrative agency's non-rule policy. See § 120.595(4), Fla. Stat. (2001). The administrative law judge (ALJ) read the statute expansively and allowed appellee attorney's fees for efforts "in furtherance of the client's causes," notwithstanding that some amount...

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