Salam v. Board of Professional Engineers

I agree with the majority that the petition for writ of mandamus should have been granted. I dissent with respect to the award of attorney’s fees to petitioner. Section 120.595(5), Florida Statutes (2005), provides that when there is an appeal, the court may award reasonable attorney’s fees and costs “to the prevailing party if the court finds ... that the agency action which precipitated the appeal was a gross abuse of the agency’s discretion.” Here, the Board of Professional Engineers did not exercise its discretion when it failed to act on the petition for formal hearing within 15 days of…