The basic issue in this case is whether the School Board of Broward County, Florida, acted in a fraudulent, arbitrary, illegal, or dishonest manner in determining to award the Group Vision Care contract under RFP 96-029S to Vision Care, Inc., d/b/a Vision Service Plan. The Petitioner described the following subsidiary issues in its unilateral Proposed Pretrial Stipulation: That the School Board's and the Insurance Committee's scoring of the cost, willing and able, and M/WBE sections of RFP No. 96-029S was illegal, arbitrary, and capricious, for reasons including, but not limited to, the fact that the scoring was conducted based upon VSP's proposed rate which is inadequate under Florida law governing prepaid limited health organizations. That Vision Service Plan's ("VSP") response to RFP No. 96-029S without making a rate filing with the Florida Department of Insurance ("DOI") and without DOI's approval of the proposed rate was illegal, fraudulent, and dishonest. RFP No. 96-029S is illegal insofar as it relies upon minority based classifications in violation of the Florida and United States Constitutions, and that the RFP is fraudulent and illegal insofar as it does not disclose that union or collective bargaining agent participants on the Insurance Committee could overrule the Insurance Committee's scoring and choice of a vision care provider by demanding impact bargaining.Evidence was insufficent to show that agency award of contract was arbitrary illegal, fraudulent or dishonest.

Whether FDOT has provided reasonable assurances that the activities it proposes to conduct pursuant to proposed District SWM Permit Application No. 940606-10, WRM Permit Application No. 940606-2-D and modification to ROW Permit No. 2584 will comply with the relevant permit criteria set forth in Chapters 373 and 403, F.S., and applicable rules and criteria promulgated thereunder. FDOT's application to SFWMD for SWM, WRM, and row permits to widen US 1 between south Dade and northern Monroe Counties should be granted.