¶1The appellee having correctly and commendably confessed error on the basis of our recent decision in State, Department of Health & Rehabilitative Services v. Harvey, 593 So.2d 611 (Fla. 2d DCA 1992), we, again, as in Harvey, reverse the order requiring HRS to pay the prevailing party’s fees in this action brought pursuant to section 409.2567, Florida Statutes (1989).
¶2Reversed.