Gulf Coast Development Services v. Department of Financial Services, Division of Workers' Compensation, DOAH Case No. 13-1977F, Final Order issued December 6, 2013: Petition for award of attorney fees pursuant to s. 57.111, F. S., after DFS rescinded Stop-Work Order and Penalty Assessment that had been issued in error, was DENIED. Based on the Petitioner's statements to the department's investigator, the issuance of the order and assessment were "substantially justified" pursuant to statutory defense, notwithstanding that contractor-developer was the "prevailing party" in the underlying administrative hearing.
(From Construction Requlation Subcommittee Monthly Report 11/2013)
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602