State, Department of Health & Rehabilitative Services v. South Beach Pharmacy, Inc.

BENTON, Judge.

The Department of Health and Rehabilitative Services (HRS) urges reversal of a hearing officer’s final order requiring HRS to reimburse South Beach Pharmacy, Inc. (Southpointe) for attorney’s fees and costs that Southpointe incurred in successfully defending HRS’ claims against it. HRS maintains that the fee petition was filed out of time, and argues that the hearing officer erred in finding that HRS lacked substantial justification to initiate the main case. We reject both contentions and affirm.

In proceedings under the Florida Equal Access to Justice Act (Act), section 57.111,…