Did Petitioner, Marcus Downes, prove by clear and convincing evidence of rehabilitation that it is an abuse of discretion to deny his request for an exemption, as allowed by section 435.07, Florida Statutes (2015),1/ from disqualification due to a criminal offense, from working with children and other vulnerable individuals?Petitioner did not prove rehabilitation by clear & convincing evidence or denying exemption from disqualification was abuse of discretion. Youth at time of offense & incident free life after were helpful. Minimizing offense & responsibility were not.
The issues in this bid protest are whether, in drawing the specifications for an invitation to bid, Respondent acted contrary to a governing statute, rule, or policy; and, if so, whether the misstep was clearly erroneous, arbitrary or capricious, or contrary to competition.In drawing the specifications for an invitation to bid, Respondent did not act contrary to a governing statute, rule, or policy; thus, Petitioner`s bid protest fails.
The issue presented herein concerns whether or not Respondent unlawfully discriminated against Petitioner, Michael Brown, on the basis of his race.Respondents do not meet definition of employer. Therefore, they are not guilty of racial discrimination in hiring practices.