Thompson v. Department of Health & Rehabilitative Services

In Thompson v. Department of Health & Rehabilitative Services, 533 So. 2d 840 (Fla. 1st DCA 1988), Thompson's employment as director of a unit of treatment and rehabilitative services at Florida State Hospital was terminated when officials learned of his prior conviction for cocaine possession. At a formal hearing, Thompson presented evidence that he was fully rehabilitated and pardoned for his prior conviction. The Department then reinstated him, and he thereafter filed a petition for attorney's fees under FEAJA. The hearing officer denied the petition, finding Thompson was not a "small business party" as defined by section 57.111(3)(d), because the action was brought against him as an individual. The First District affirmed and found that Thompson was a state employee employed on a salaried basis with Florida State Hospital. However, the First District recognized that there was some inconsistency in limiting the class of people who can utilize FEAJA when measured against the act's stated goal of access to review of state agency action. The First District observed: We recognize the apparent unfairness in permitting the limited class of persons falling within the definition of "small business party" to recover attorney fees and costs while excluding other persons such as employees of private and governmental entities who are forced to litigate with state agencies. However, Thompson makes no attack on the constitutional validity of the statute; and whether to extend the act's protection beyond the limitations presently imposed by the statute is a matter for legislative, not judicial, action. Id. at 841.