At issue in this proceeding is whether the proposal of Earl Palmer Brown was responsive to the request for proposal issued by the Department of Lottery (Department), and whether the Department departed from the essential requirements of law in its evaluation of the responses to the request for proposal.Bidding agency couldn't waive statutorily required provisions of Request For Proposal (RFP) as minor irregularity. Agency further failed to follow criteria of RFP evaluation.

The Hospital Cost Containment Board in its Preliminary Findings and Recommendations as contained in the Hospital Cost Containment Board's 1986 Budget Report for Lehigh Acres Hospital, Inc., d/b/a East Pointe Hospital, recommended that the Petitioner's 1986 net operating revenue be adjusted in the amount of $2,653,592.00 pursuant to Section 395.509(11), Florida Statutes. In response to this recommendation, the Petitioner filed a Petition for Administrative Hearings with the Respondent on November 8, 1985. The Petition for Administrative Hearing was filed with the Division of Administrative Hearings by letter dated November 19, 1985. The Petition was assigned case number 85-3979H and set for final hearing. At the final hearing, the Respondent presented the testimony of Bob Maryanski. The Petitioner did not call any witnesses. The parties offered two exhibits. The exhibits were identified as Joint Exhibits 1 and 2. Joint Exhibit 2 consists of the deposition testimony of Richard William Klusmamn, Joseph Feith and Julie Cox, and eleven exhibits. Joint Exhibits 1 and 2 were accepted into evidence. The parties filed a Prehearing Stipulation at the commencement of the hearing. The Prehearing Stipulation contains a statement of those facts which the parties agreed should be admitted into evidence without presenting further proof at the bearing. This statement of the facts has been quoted and accepted as facts under the Findings of Fact portion of this Recommended Order. The Petitioner also filed a Request for Judicial Notice at the commencement of the hearing. A ruling on the Request was reserved. The Request is granted. Pursuant to Section 395.509(1), Florida Statutes (1984 Supp.), the Petitioner's budget which is the subject of this case will be deemed approved without any adjustment proposed by the Respondent unless a final order is issued approving the adjustment within 120 days from the date the budget was filed. As authorized by Section 395)509(1), Florida Statutes (1984 Supp.), the parties have extended the 120 day limit in this case. The parties have timely submitted proposed findings of fact pursuant to Section 120.57(1)(b)4, Florida Statutes (1984 Supp.). A ruling on each proposed finding of fact has been made either directly or indirectly in this Recommended Order. Additionally, attached to this Recommended Order is an Appendix which indicates where proposed findings of fact which have been accepted have been made in this Recommended Order and why proposed findings of fact which have not been accepted have been rejected.Petitioner not a ""hospital"" that was ""opened since May 18, 1982."" Not sub- ject to budget review under 395.509(11).