Douglas N. Higgins, Inc. v. Florida Keys Aqueduct Authority, 81-70

• Court: Florida District Court of Appeals
• Writing for the Court: PER CURIAM
• Citation: Douglas N. Higgins, Inc. v. Florida Keys Aqueduct Authority, 403 So.2d 1042 (Fla. App. 1981)
• Decision Date: 01 September 1981
• Docket Number: No. 81-70,81-70
• Parties: DOUGLAS N. HIGGINS, INC., Appellant, v. FLORIDA KEYS AQUEDUCT AUTHORITY, Appellee.

Page 1042

403 So.2d 1042

DOUGLAS N. HIGGINS, INC., Appellant, v. FLORIDA KEYS AQUEDUCT AUTHORITY, Appellee.

No. 81-70.

District Court of Appeal of Florida, Third District.

Sept. 1, 1981.

Rehearing Denied Oct. 7, 1981.

Podhurst, Orseck & Parks and Barry L. Meadow, Miami, Savell, Williams, Cox & Angel and William E. Turnipseed, Atlanta, Ga., for appellant.

Enrique Arroyo, Coral Gables, and Thomas J. Schwartz, West Palm Beach, for appellee.

Before BARKDULL, SCHWARTZ and FERGUSON, JJ.

PER CURIAM.

The appellant, allegedly is the second lowest bidder on a certain project advertised for bids by the appellee. The appellee failed to apprise the appellant of its intention to award the contract to the lowest bidder, in accordance with the provisions of Chapter 28-5.111, Florida Administrative Rules. ¹ Notwithstanding this failure, the agency refused to accord the appellant a hearing because it contended that the appellant had actual notice of the proposed award to the low bidder for a period in excess of twenty-one days; therefore, the agency did not have to give the written notice required by the rule and did not have to accord the appellant a hearing. We reverse.

The appellant requested a hearing within twenty-one days of the actual giving of a contract to the low bidder without any prior written notice from the agency. This entitled it to a hearing under the rule. The agency action denying the appellant a hearing pursuant to said rule be and the same is hereby reversed, with directions to grant the appellant such a hearing.

Reversed and remanded, with directions.

1 "28-5.111 Point of Entry into Proceedings. Unless otherwise provided by law or agency rule:

(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...