UNITED STATES SERVICE INDUSTRIES-FLORIDA, A FLORIDA CORPORATION, PETITIONER,
v.
STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, RESPONDENT
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United States Service Industries-Florida sought emergency review of a Department of Health and Rehabilitative Services decision to award a janitorial services contract to a competing bidder despite petitioner's lower bid. The court denied relief, finding petitioner failed to demonstrate a disputed issue of material fact warranting formal administrative proceedings.
Petitioner is not entitled to a formal Section 120.57(1) hearing because petitioner has not demonstrated a disputed issue of material fact. The matter can be appropriately resolved through an informal Section 120.57(2) hearing, which the Department has not refused and petitioner has not requested.
[1] A party seeking a formal Section 120.57(1) hearing before an agency must demonstrate a disputed issue of material fact.
[2] An agency may resolve disputes not involving disputed issues of material fact through an informal Section 120.57(2) hearing.
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Join FLexlaw to unlock all legal intelligence“petitioner has not demonstrated, either to the Department by its request for a Section 120.57(1) hearing, or to this Court by its petition for relief, that the proceeding "involves a disputed issue of material fact."”
Establishes the legal standard requiring a disputed issue of material fact for formal administrative proceedings.
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Join FLexlaw to unlock all legal intelligencePetitioner submitted a bid for janitorial services that was lower than a competing bidder's bid. However, petitioner's bid omitted information require…
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ROBERT P. SMITH, Jr., Judge.
This petition for emergency review of nonfinal administrative action, Rule 9.100, Fla.R.App.P., asserts that the Department of Health and Rehabilitative Services has wrongfully denied petitioner a formal Section 120.57(1) hearing in that the Department has or is about to determine petitioner’s substantial interests by awarding a contract for janitorial services to another bidder, although petitioner’s bid was lower. See Couch Constr. Co. v. Dep’t of Transportation, 361 So. 2d 184 (Fla. 1st DCA 1978).
Petitioner urges that information which was omitted .from its bid, though required by the invitation for bid, was inconsequential under the circumstances and that petitioner should receive the contract which the other bidder will receive, so it is alleged, on May 9, 1980. We briefly stayed the contract process and required a Department response to an order to show cause. See Solar Energy Control, Inc. v. State Dep’t of Health and Rehab. Services, 377 So. 2d 746 (Fla. 1st DCA 1979).
Upon consideration of the petition and the Department’s response, we find that petitioner has not demonstrated, either to the Department by its request for a Section 120.57(1) hearing, or to this Court by its petition for relief, that the proceeding “involves a disputed issue of material fact.” Section 120.57, Florida Statutes (1979).
For aught that appears, the significance of the omitted information depends on policies, opinions, or circumstances which may be appropriately heard and evaluated in a Section 120.57(2) informal hearing, which the Department has not refused petitioner and petitioner has not requested. Not every dispute between an agency and an affected person requires formal proceedings for its resolution. Many disputes, of which this seems to be one, can as readily be. determined and made ready for judicial review under Section 120.57(2), which in proper application will afford full relief faster and more conveniently.
The order to show cause is DISCHARGED and the petition is DENIED. A petition for rehearing may be filed but our stay order is immediately VACATED.
McCORD and SHIVERS, JJ., concur.
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Fla. Dep't OF Transp. v. J. W. C. Co., Inc., 396 So. 2d 778 (Fla. 1st DCA 1981)…e pleading that there are disputed issues of fact requiring such a hearing. Blanchette v. School Board of Leon County, 378 So. 2d 68 (Fla. 1st DCA 1979), United States Service Industries — Florida v. Department of Health and Rehabilitative Services, 383 So. 2d 728 (Fla. 1st DCA 1980). We totally agree with the sentiments expressed by amicus curiae Agrico that no third party, “merely by filing a petition,” should be permitted to require the applicant to “completely prove anew” all items in a permit application…
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Suwannee River Area Council Boy Scouts of Am. v. State, 384 So. 2d 1369 (Fla. 1st DCA 1980)…t, even if an agency should grant a full party status to third persons, this does not necessarily entail a formal Section 120.57(1) hearing. See United States Service Industries — Florida v. Florida Department of Health and Rehabilitative Services, 383 So. 2d 728 (Fla. 1st DCA 1980): “Not every dispute between an agency and an affected person requires formal proceedings for its resolution. Many disputes, . . can as readily be determined and made ready for judicial review under Section 120.57(2), which in pro…
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United States Serv. Industries-Florida v. State, 385 So. 2d 1147 (Fla. 1st DCA 1980)…-276 and VV-159 are consolidated and remanded for appropriate proceedings consistent with this opinion. ROBERT P. SMITH and SHIVERS, JJ., concur. . United States Service Industries-Florida v. State of Florida Department of Rehabilitative Services, 383 So. 2d 728 (Fla. 1 DCA 1980). . “Rule 10-2.36, Decisions Affecting Substantial Interests. (1) A decision affecting substantial interests shall be communicated in writing to the person or persons directly affected thereby, setting out the basis for the decisi…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Couch Constr. Co., Inc. v. Dep't OF Transp., 361 So. 2d 184 (Fla. 1st DCA 1978)
- Solar Energy Control, Inc. v. State of Fla. Dep't of Health & Rehabilitative Servs., 377 So. 2d 746 (Fla. 1st DCA 1979)