FILE D

SEP2)2020,

Docketed by„

PAYIT, LLC,

CHIEF FINANCIAL OFFICER

JIMMY PATRONIS

STATE OF FLORIDA

Petitioner, DOAH CASE NO.:20-0742BID DFS CASE NO.: 227213

V.

DEPART MENT OF FINANCIAL SERVICES,

Respondent,

and

NIC SERVICES, LLC,

Intervenor.

FINAL ORDER

THIS CAUSE came on for consideration of and for final agency action on a Recommended Order issued after an administrative hearing on the Amended Formal Written Protest Petition filed by Paylt, LLC ("Paylt"), challenging the notice of intent to award a contract to NIC Services, LLC ("NIC"), on Invitation to Negotiate No. 1819-01 ITN TR, e-Payment Collection and Processing Services ("Petition").

The hearing was held on March 12 and 13, 2020, and on May 18, 2020.

Thereafter, following submissions of Proposed Recommended Orders by all parties, Administrative Law Judge ("ALT") Andrew D. Manko entered a Recommended Order on August 6, 2020, recommending the dismissal of the Petition. NIC timely filed exceptions to the Recommended Order. Neither Paylt nor the Department filed exceptions or a response to NIC's exceptions.

Filed September 29, 2020 11:32 AM Division of Administrative Hearings

NIC'S EXCEPTIONS

Exceptions to a recommended order are authorized by section 120.57(1)(k), Florida Statutes (2020), and Rule 28-106.217, Florida Administrative Code.

The final order shall include an explicit ruling on each exception, but an agency need not rule on an exception that does not clearly identify the disputed portion of the recommended order by page number or paragraph, that does not identify the legal basis for the exception, or that does not include appropriate and specific citations to the record.

§ 120.57(l)(k), Fla. Stat.

In its exceptions to the Recommended Order, NIC argues that Paylt lacked standing to protest the award and that the Petition should be dismissed accordingly. While the Recommended Order found that Paylt had standing to protest the award, it ultimately recommended dismissal of the Petition on the merits. Thus, Paylt's standing is not necessary to the determination of this matter. Therefore, NIC's exceptions are rejected.

ADOPTION OF THE RECOMMENDED ORDER

After considering applicable law, and otherwise being fully apprised in all material premises, the Recommended Order is hereby adopted in its entirety.

Accordingly, the Petition is dismissed with prejudice.

DONE and ORDERED this 2mil day of S€ . Q + € IM 6 r , 2020.

Peter Penrod

Chief of Staff

4

NOTICE OF RIGHT TO APPEAL

A party adversely affected by this Final Order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Florida Rule of Appellate

Procedure 9.110(d), and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this Final Order.

Filing with the Department's Agency Clerk may be accomplished via U.S. Mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Julie Jones, DFS Agency Clerk, Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. The facsimile number is (850) 488-0697. The email address is Julie.Jones@myfloridacfo.com.

Copies furnished to:

Brittany B. Griffith, Esquire Department of Financial Services Office of the General Counsel

200 East Gaines Street, Room 612B Tallahassee, Florida 32399-0950 Brittany. Griffith@nyf l on dacfo. corn

James A. McKee, Esquire

Foley & Lardner LLP

106 East College Avenue, Suite 900

Tallahassee, Florida 32301

jmckee@foley.com

Eduardo S. Lombard, Esquire

Radey Law Firm, P.A.

301 South Bronough Street, Suite 200

Tallahassee, Florida 32301 elombard@radeylaw.com

Alexandra Akre, Esquire Ausley & McMullen, P.A. 123 South Calhoun Street Post Office Box 391 Tallahassee, Florida 32302 aakre@ausley.com

Eugene Dylan Rivers, Esquire Ausley & McMullen, P.A.

123 South Calhoun Street Post Office Box 391 Tallahassee, Florida 32301 drivers@ausley.com

Erik Matthew Figlio, Esquire Ausley & McMullen, P.A.

123 South Calhoun Street Post Office Box 391 Tallahassee, Florida 32301 rfiglio@ausley.com

Mallory Neumann, Esquire Foley & Lardner LLP

106 East College Avenue, Suite 900

Tallahassee. Florida 32301

mneumann@foley.com

Marion Drew Parker, Esquire Radey Law Firm, P.A.

301 South Bronough Street, Suite 200

Tallahassee, Florida 32301 dparker@radeylaw.com

John A. Tucker, Esquire Foley & Lardner, LLP

One Independent Drive, Suite 1300 Jacksonville, Florida 32202 jtucker@foley.com

Honorable Andrew D. Manko Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Docket for Case No: 20-000742BID

Orders for Case No: 20-000742BID