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A.L. ex rel. P.L.B. v. Jackson County School Board

Citations: 127 So. 3d 758; 2013 WL 6171309; 2013 Fla. App. LEXIS 18798Docket: No. 1D13-0908

Court: District Court of Appeal of Florida; November 25, 2013; Florida; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by A.L., P.L.B., and their attorney against a decision by an administrative law judge that awarded attorney's fees to the Jackson County School Board under section 57.105(5) of the Florida Statutes. Initially, A.L. and P.L.B.'s request for a due process hearing was dismissed, prompting the School Board to seek attorney's fees. The appellate court addressed whether the awarded fees were appropriate, considering the governing statutes and procedural rules. The court concluded that due process hearings are not governed by Chapter 120 of the Florida Statutes, which deals with administrative proceedings. Instead, they fall under section 1003.57, which exempts such hearings from Chapter 120 unless the State Board of Education establishes alternative procedures. Florida Rule of Administrative Procedure 6A-6.0331(9) specifically stipulates the conditions for awarding attorney's fees in these cases. Consequently, the appellate court reversed the award of attorney's fees and remanded the case, with Judges Van Nortwick and Padovano concurring, and Judge Benton concurring with an opinion.

Legal Issues Addressed

Award of Attorney's Fees under Florida Statutes Section 57.105(5)

Application: The court determined that the award of attorney's fees under Section 57.105(5) was inappropriate because the due process hearings were exempt from Chapter 120 administrative proceedings.

Reasoning: The administrative law judge had dismissed their request for a due process hearing, prompting the School Board to file for attorney's fees.

Exemption of Due Process Hearings from Chapter 120

Application: Due process hearings are governed by section 1003.57, which exempts them from Chapter 120 unless alternative procedures are established by the State Board of Education.

Reasoning: The court found that the proceedings were not governed by chapter 120 of the Florida Statutes, which pertains to administrative proceedings, but rather by section 1003.57, which explicitly exempts due process hearings from the provisions of chapter 120.

Governing Rule for Attorney's Fees in Due Process Hearings

Application: The relevant rule, Florida Rule of Administrative Procedure 6A-6.0331(9), provides specific stipulations for awarding attorney's fees in the context of due process hearings.

Reasoning: The relevant rule enacted by the Department of Education, Florida Rule of Administrative Procedure 6A-6.0331(9), contains its own stipulations for awarding attorney's fees.