NATIONAL ADVANCED SYSTEMS CORPORATION, APPELLANT,
v.
THE SCHOOL BOARD OF ORANGE COUNTY, APPELLEE
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National Advanced Systems Corporation appealed the School Board of Orange County's denial of its petition for an administrative hearing on grounds that the petition was untimely filed. The court held that the petition was timely filed within 21 days of written notice under the applicable administrative rules and reversed the Board's denial.
The Petition was timely filed. Because the Board had not adopted specific procedural rules, the model rules promulgated by the Administration Commission applied, requiring petitions to be filed within twenty-one days of receipt of written notice. National's petition, filed fourteen days after receiving the minutes, complied with this requirement.
[1] A party adversely affected by an agency decision, who is entitled to notice and an opportunity for a hearing, must file a petition for administrative hearing within twent…
[2] When an agency has not adopted specific rules of procedure for requesting a hearing, the model rules promulgated by the Administration Commission apply.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“National was entitled to receive notice and the opportunity for a hearing pursuant to section 120.57(2), Florida Statutes (Supp.1980) because if it had made the "lowest and best bid," the award to another party determined a matter of substantial interest to National.”
Establishes that National had standing to request a hearing as a bidder whose substantial interests were affected by the Board's decision.
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Join FLexlaw to unlock all legal intelligenceThe School Board solicited competitive bids for data processing equipment and voted on June 24, 1980 to accept another firm's proposal as the lowest a…
The full statement of facts, procedural history, and disposition for this case are member content.
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SHARP, Judge.
This is an appeal from the School Board of Orange County’s denial of a Petition for Administrative Hearing pursuant to section 120.57(1), Florida Statutes (Supp.1980), on the grounds that the Petition was not timely filed. We have jurisdiction.1 National Advanced Systems Corporation (National) argues that the Petition was filed within the time required by the appropriate administrative rule. We agree and reverse.
Competitive bids relating to the purchase of data processing equipment were solicited by the Board. At a public meeting on June 24, 1980, the Board voted to accept another firm’s proposal as the “lowest and best”2 bid. National’s regional sales manager, Michael Thomas, appeared at the meeting and presented arguments for accepting National’s bid.
On July 2,1980, National received a written notice of the Board’s decision in the form of a typewritten copy of the minutes of the public meeting. National’s Petition for Administrative Hearing was received by the Board on July 16, 1980, fourteen (14) days after appellant received the written notice. National was entitled to receive notice and the opportunity for a hearing pursuant to section 120.57(2), Florida Statutes (Supp.1980) because if it had made the “lowest and best bid,” the award to another party determined a matter of substantial interest to National. See section 120.52(2) and (10)(a), Florida Statutes (1979) and sections 120.54(5) and 120.57, Florida Statutes (Supp.1980).
The Board had not adopted a specific rule of procedure concerning the method or procedure to request a hearing by a party adversely affected by the Board’s actions. Therefore the model rules promulgated by the Administration Commission apply in this case. § 120.54(10), Fla.Stat. (Supp. 1980). Florida Administrative Code Rule 28-5.111 provides in part:
(1) Persons requesting a hearing on an Agency decision which does or may determine their substantial interest shall file a petition with the Agency within twenty-one (21) days of receipt of written notice of the decision, or within twenty-one (21) days of receipt of written notice of intent to render such decision; ...
(2) Any person who receives written notice of an agency decision or who receives written notice of intent to render a decision and who fails to request a hearing within twenty-one (21) days, shall have waived his right subsequently to request a hearing on such matters.
There was no evidence in the record to show that National received any written notice other than the minutes of the Board meeting. Therefore the Petition, filed within fourteen (14) days after receipt of the minutes, was timely.
Our decision is not intended to suggest a determination of the bid dispute. By reversing the Board’s denial of the Petition, we rule only that National should be afforded an opportunity to present evidence and arguments, pursuant to section 120.-57(l)(b)4, Florida Statutes (Supp.1980), that its bid was the “lowest and best” response to the bid document. Accordingly, this case is reversed and remanded to the School Board of Orange County with directions to conduct an administrative hearing.
REVERSED AND REMANDED.
COBB and COWART, JJ., concur. . Florida Administrative Code Rule 6-1.12(5) provides in pertinent part:
In acceptance of bids, the school board shall accept the lowest and best bid.