Wednesday, June 17, 2009

Request for Mandamus Relating to Administrative Procedure Act Denied, Conflict Certified

In First Quality Home Care, Inc. v. Alliance for Aging, Inc. (3D08-2949), the Third District denied petitioners request for mandamus and certified conflict with Mae Volen Senior Center, Inc. v. Area Agency on Aging Palm Beach/Treasure Coast, Inc., 978 So. 2d 191 (Fla. 4th DCA 2008), review denied, 1 So. 3d 172 (Fla. 2009). Judge Scwartz dissented and indicated he agrees with Mae Volen.

The Court stated:

Alliance issued a request for proposal for three lead agency contracts in Miami-Dade County; the request for proposal provided for an internal appellate process. In response to Alliance’s request for proposal, First Quality submitted its proposal. After Alliance issued a notice of intent to award the lead agency designations to other providers, First Quality sent Alliance a letter seeking review of that decision. First Quality’s letter purported to serve as its notice of intent to challenge Alliance’s selection decision under sections 120.569 and 120.57, Florida Statutes (2008). Alliance set a hearing date before its Board’s Executive Committee. First Quality appeared at the hearing, and asserted its objections to the selection. Alliance’s Board rejected First Quality’s appeal.

First Quality filed this petition for mandamus, contending, inter alia, that it is entitled to the APA’s bid protest procedures rather than the internal appellate procedures provided for in Alliance’s request for proposal.


First Quality contends that it is entitled to a formal administrative hearing as provided for in sections 120.569 and 120.57, Florida Statutes (2008). This hearing, however, is afforded to First Quality only if Alliance is an "agency" as defined in section 120.52(1), Florida Statutes (2007), and section 287.012(1), Florida Statutes (2008)...We conclude that Alliance is not an "agency" as defined by either the APA or Florida’s procurement statute.

The APA’s definition of "agency" is set forth in section 120.52(1), which is divided into several subsections. Alliance does not fall within the definition of "agency" as provided in subsections (a), (b) or (c).


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