05-001317F Florida Commission On Human Relations, On Behalf Of Ida Heaps vs. Barbara Strickland Status: Closed DOAH Final Order on Wednesday, July 27, 2005.

Summary: Petitioner is entitled to attorney`s fees and costs as the prevailing party in an underlying housing discriminatory action.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA COMMISSION ON HUMAN )

RELATIONS, ON BEHALF OF IDA )

HEAPS, )

)

Petitioner, )

)

vs. ) Case No. 05 - 1317 F

)

BARBARA STRICKLAND, )

)

Respondent. )

)

FINAL ORDER

Petitioner filed a Motion for Summary Disposition,

requesting that Petitioner be awarded attorney ’ s fees and costs

they incurred in the underlying case (Case Number 04 - 1593) in

which they were the prevailing part y . Respondent did not file a

response to Petitioner ’ s Motion. After review of the Motion,

being otherwise advised of the premises , and since there are no

disputed issues of fact , summary disposition is appropriate.

STATEMENT OF THE ISSUE

The issue in this proceeding is wheth er Petitioner is

entitled to attorney’s fees and costs.

FINDINGS OF FACT

1. This case was filed by Petitioner on behalf of Ida

Heaps pursuant to Section 760.35, Florida Statutes. The case

alleged that Respondent discriminated against Petitioner, Hea ps,

based on race when Respondent did not lease a home to Petitioner

Heaps.

2. On July 22, 2004, in Tavares, Florida, a one - day

hearing was held after which post - hearing recommended orders

were filed. Based on the evidence a R ecommended O rder findin g

Respondent guilty of a discriminatory housing practice against

Ms. Heaps in violation of Section 760.23(1), Florida Statutes ,

was entered on February 1, 2005. Petitioner w as therefore the

prevailing part y in this matter. The R ecommended O rder also

foun d that Petitioner w as entitled to attorney’s fees and costs;

and reserved jurisdiction to determine the amount of fees and

costs in the event the parties were unable to agree on such an

award.

3. On January 31, 2005, the Commission issued its F inal

O rder approving the R ecommended O rder. The time limit for

appealing the F inal O rder has passed.

4. Petitioner ha s not been able to resolve the amount of

fees and costs incurred in this matter.

5. As evidence of the amount of attorney’s fees,

Pe titioner, FCHR, submitted an affidavit outlining the hours and

costs spent incurred in the underlying case by its attorney .

The requested fees are limited to hours expended on Petitioner’s

behalf in DOAH Case No. 04 - 1593, including time spent in travel

a nd establishing a right to attorney’s fees and costs.

Petitioner’s attorney spent a total of 53 hours on this case,

which include 46 hours for legal services and seven hours for

travel. The hours multiplied by the reasonable rate results in

a total of $1 4,850.00 for attorney’s fees. The Commission’s

direct costs total $453.70, which include the travel costs of

Petitioner ’ s attorney and investigator to attend the hearing and

the court reporter’s fee .

6 . The time spent on this case by the Petitioner’ s

attorney was reviewed by an outside expert. The expert has

found the time to be reasonable and has recommended a reasonable

hourly rate, arrived at independently of the Commission and its

attorneys and without direction by Petitioner, based on the

natur e, novelty and complexity of the case, and the expertise of

the Petitioner’s attorney in federal and Florida administrative

and anti - discrimination law. The expert opin ed that a rate of

$300.00 per hour legal services and $150.00 per hour for travel

was r easonable .

7 . Respondent did not challenge the affidavit of

Petitioner ’ s o r the expert ’ s opinion. The amount of hours and

costs reflected in the affidavit are reasonable for this type of

case. Likewise , the hourly fees for such litigation are

reas onable for this type of case and the long experience of

Petitioner ’ s attorney. Therefore, Petitioner, FCHR , is entitled

to an award of attorney ’ s fees and costs in the amount of

$15,303 . 70.

CONCLUSIONS OF LAW

8 . The Division of Administrative Heari ngs has

jurisdiction over the parties to and the subject matter of this

proceeding. § 120.57(1), Fl a. Stat.

9 . What constitutes a reasonable award of attorney ’ s fees

and costs and the proof necessary to make a showing of

reasonableness were set fort h by the Supreme Court of Florida in

Florida Patient’s Compensation Fund v. Rowe , 472 So. 2d. 1145

(Fla. 1985). The reasonableness of fees is determined by such

factors as the difficulty of the questions involved, the fee

customarily charged in the locali ty for similar legal services

and the experience and ability of the attorney. Rowe at 1150.

1 0 . In this case , Petitioner has established the

reasonableness of the hours, co s ts and rate s incurred in the

underlying action.

ORDER

Based upon the foregoi ng Findings of Fact and Conclusions

of Law, it is

ORDERED:

Petitioner FCHR is entitled to an award of attorney’s fees

and costs in the amount of $ 15,303.70.

DONE AND ORDERED this 2 7 th day of July , 2005 , in

Tallahassee, Leon County, Florida.

S

DIANE CLEAVINGER

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 2 7 th day of July , 2005 .

COPIES FURNISHED :

Denise Crawford, Agency Clerk

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Cecil Howa rd, General Counsel

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Derick Daniel, Executive Director

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

I da Heaps

15246 Old Highway 441

Tavares, Florida 32778

John Merritt, Esquire

Merrit & Watson, P.A.

1500 East Orange Avenue

Eustis, Florida 32726 - 4399

Vicki D. Johnson, Esquire

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Ta llahassee, Florida 32301

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is

entitled to judicial review pursuant to Section 120.68, Florida

Statutes. Review proceedings are governed by the Florida Rules

of Appellate Procedure. Such proceedings are commenced by

filing the original notice of appeal with the Clerk of the

Division of Administrative Hearings and a copy, accompanied by

filing fees prescribed by law, with the District Court of

Appeal, First Di strict, or with the District Court of Appeal in

the Appellate District where the party resides. The notice of

appeal must be filed within 30 days of rendition of the order to

be reviewed.