Hillsborough Community College Chapter of the Faculty United Service Ass'n v. Board of Trustees for Hillsborough Community College
Hillsborough Community College Chapter of the Faculty United Service Ass'n v. Board of Trustees for Hillsborough Community College
Opinion of the Court
In this appeal of an order of the Public Employees Relations Commission (PERC) granting attorney’s fees, appellant takes issue with the hourly rate found to be reasonable by PERC. We reverse.
Appellant successfully prosecuted a claim of unfair labor practices and was found to be entitled to an award of attorney’s fees. After receiving evidence from the parties, PERC reduced the hourly rate claimed to be reasonable by appellant from $125.00 to $100.00 per hour. In making this determination, PERC sought to apply the standards set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985).
In its finding as to what constituted a reasonable hourly rate, PERC relied upon two factors: First, PERC noted that the underlying claims were not “novel;” and second, that appellant’s counsel was guaranteed $55.00 per hour by appellant. As for the use of the novelty factor, Rowe explicitly provides that such a factor is to be used in determining the reasonable number of hours expended and not in determining the reasonable hourly rate. 472 So.2d at 1150-1. We cannot say the erroneous use of the novelty factor in reference to the hourly rate was harmless inasmuch as PERC also used this factor in evaluating the number of hours expended by appellant.
As to the second factor,
In its order on attorney fees, PERC observed that the appellant had submitted
REVERSED and REMANDED.
. During oral argument before this court, counsel for the appellee abandoned the argument made in the answer brief concerning the correctness of this second factor.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.