State, Dep't of Health v. Discovery Experimental & Dev., Inc., 767 So. 2d 1244 (Fla. 1st DCA 2000). · Go Syfert
State, Dep't of Health v. Discovery Experimental & Dev., Inc., 767 So. 2d 1244 (Fla. 1st DCA 2000). Cases Citing This Book View Copy Cite
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STATE of Florida, DEPARTMENT OF HEALTH
v.
DISCOVERY EXPERIMENTAL AND DEVELOPMENT, INC.
No. 1D99-3967.
District Court of Appeal of Florida, First District.
Sep 1, 2000.
767 So. 2d 1244
Robert P. Daniti, Senior Attorney, Department of Health, Tallahassee, for Appellant., R. Elliott Dunn, Jr., Wesley Chapel, for Appellee.
Kahn, Nortwick, Webster.
Cited by 1 opinion  |  Published
PER CURIAM.

The Department of Health seeks review of a final order entered by an administrative law judge awarding to appellee attorney fees and costs (including the travel expenses of appellee’s attorney and corporate representative) pursuant to section 120.595(3), Florida Statutes (1997). We reverse the portion of the cost award attributable to travel expenses because the statute does not expressly provide for the reimbursement of such expenses. See generally Florida Gas Co. v. Spectra-Physics, Inc., 406 So.2d 1280, 1281 (Fla. 1st DCA 1981) (holding that travel expenses of an attorney may be recovered as costs in a civil action only if expressly authorized by contract or statute). Accord Barnes v. City of Dunedin, 666 So.2d 574 (Fla. 2d DCA 1996). In all other respects, we affirm the order as supported by competent, substantial evidence.

AFFIRMED IN PART and REVERSED IN PART.

KAHN, WEBSTER and VAN NORTWICK, JJ., CONCUR.