Division of Administrative Hearings, Florida
Filed: Nov. 12, 1992
The issues to be resolved in this proceeding concern whether Section 255.0515, Florida Statutes, which applies to "state contracts", applies to the contract involving school construction in the case at bar. As a part of that consideration, it must be determined whether approval by the Respondent, The Leon County School Board (Board), of the substitution of Petitioner, G.A.P. Enterprises, Inc. (G.A.P.), as a subcontractor was "state agency action" for purposes of Section 120.57(1), Florida Statutes, which can be challenged in a proceeding before the Division of Administrative Hearings. It follows then that it must be determined whether G.A.P. has standing to challenge such a state agency action, if the Board's approval, indeed, is such. If, indeed, the Petitioner is in the "zone of interests" sought to be protected by the enactment of Section 255.0515, Florida Statutes, then it must be determined whether good cause exists for G.A.P. to have been removed as the site work and underground utility contractor by the general contractor, the Intervenor herein, Watkins Engineers & Constructors, Inc. (Watkins).Subcontractor does not have standing to protest substitution of other subcontractor. School construct contract not "state contract" where no state funds involved etc.
