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FLORIDA DEPT. OF AGRICULTURE v. BOGORFF

No. 4D12-1550.

132 So.3d 249 (2013)

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES and The Florida Commissioner of Agriculture, Appellants, v. Toby BOGORFF, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 22, 2014.

Attorney(s) appearing for the Case

Wesley R. Parsons and Karen H. Curtis of Clarke Silverglate, P.A., Miami, for appellant.

Robert C. Gilbert of Grossman Roth, P.A., Coral Gables and Jamie Alan Cole of Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., Fort Lauderdale, for appellees.

WARNER, J.

The Department of Agriculture appeals an award of attorney's fees in a class action for inverse condemnation in which the class prevailed. Primarily, it argues that the court erred by not using the "benefits achieved" standard of section 73.091, Florida Statutes (2009), when the Department made a "written offer" to the class members by sending each of them a letter enclosing an application for compensation provided under section 581.1845, Florida Statutes...

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