DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT RICHARD JILES, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D19-2352 [October 24, 2019] Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Sherwood Bauer, Judge; L.T. Case No. 432012CF000648AXMX. Richard Jiles, Crestview, pro se. No appearance required for appellee. PER CURIAM. Affirmed. LEVINE, C.J., MAY and FORST, JJ., concur. * * * Not final until disposition of ..
The issue is whether respondent should have a penalty in the amount of $2,139 assessed for allegedly violating Section 316.545, Florida Statutes.Vehicle was overwieght and violation was sustained.
Petitioner has challenged Florida Department of Transportation's (FDOT's), intent to award State Project No. 09010-3518 to Weekley Asphalt Paving, Inc., alleging that the agency erred in determining Petitioner's bid to be nonresponsive. Petitioner is indisputably the lowest bidder. Respondent rejected Petitioner's bid for failure to attach a Disadvantaged Business Enterprise (DBE) Utilization Sheet for each DBE subcontractor listed on its summary form. Petitioner claims that the sheet was submitted and, in the alternative, the sheet should be waived as immaterial. Moreover, Petitioner claims that including the sheet with bids has been waived in subsequent bids, by administrative fiat, and later, by rule amendment. The issue for resolution is whether Respondent's determination that Petitioner's bid was nonresponsive is arbitrary, fraudulent, illegal or dishonest.Petitioner entitled to award as lowest responsible bidder-agency erred in rejecting bid when petitioner proved compliance with rule and specs.
The issue is whether Petitioner as the lowest responsive bidder should be awarded Contract No. E4504, State Project Job No. 99004-3509.Bid properly rejected where unit pricing on bid form not completed in accor- dance with instructions, preventing comparison with competing bids.
