20-000872BID Charter Communications Operation, Llc vs. Brevard County School Board Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 12, 2020.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHARTER COMMUNICATIONS

OPERATING, LLC,

Petitioner,

v DOAH CASE NO. 20 - 0872BID

THE SCHOOL BOARD OF

BREVARD COUNTY, FLORIDA,

Respondent.

/

NOTICE OF FILING FINAL ORDER

COMES NOW, the School Board of Brevard County, Florida, by and through

its undersigned counsel hereby give notice that the attached Final Order (Agency

File No. 2020 - 61BID ) ha s been filed with the Division of Administrative Hearings

( DOAH).

/s/ Paul D. Gibbs

PAUL D. GIBBS, ESQ.

Florida Bar No. 30143

The School Board of Brevard County, Florida

2700 Judge Fran Jamieson Way

Viera, Florida 32940

Telephone: 321 - 633 - 1000 (ext. 11438)

E - mail: [e-mail]

Secondary Email: [e-mail]

General Counsel for School Board

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing was electronically filed

with the Division of Administrative Hearings E - Filing Portal and an electronic copy

was provided to Kenneth Curtin, Esq., and Eric Partlow, Esq., 101 East Kenned y

Boulevard, Suite 4000, Tampa, Florida 33602 , Email Address es :

[e-mail] ; [e-mail] ; [e-mail] ;

and Debra Babb - Nutcher , Esq., Email Addresses: [e-mail] and

[e-mail] on April 27 , 2020 .

/s/ Paul D. Gibbs

PAUL D. GIBBS, ESQ.

CHARTER v BCSB

DOAH CASE NO. 20 - 0872BID

Notice of Filing Final Order

Page 2

THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA

C HARTER COMMUNICATIONS

OPERATIN G , LLC,

Petitioner, DOAH CASE NO. 20 - 0872BID

AGENCY FILE NO. 2020 -61BID

v

THE S CHOOL BOARD OF

BREVARD COUNTY, FLORIDA ,

Respondent.

/

FINAL ORDER

T HIS CAUSE c oming to be heard before The School Board of Brevard County, Florida

(“School Board”) on March 24, 2020, to consider (1) the Recommended Order entered on March

12, 2020, by Honorable Lisa Shearer Nelson , Administrative Law Judge of the State of Florida,

Division of Administrative Hearings (“ ALJ”) ; (2) Order to Show Cause ; (3) Petitioner and

Respondent’s Orders to Show Cause; and (4) Exceptions to the Recommended Order.

The School Board of Brevard County, Florida, having reviewed the entire record, having

heard from the Parties, and being fully advised in the Premises:

IT IS THEREUPON ORDERED AND ADJUDGED BY THE SCHOOL BOARD OF

BREVARD COUNTY, FLORIDA, that :

1. Petitioner’s first Exception to Conclusion at Page 3 that the Circumstances are not Exceptional and therefore Petitioner lacks standing is rejected in that the conclusion of law contained in the Recommended Order is a reasonable application of the pertin ent laws to the material facts as supported by competent substantial evidence.

2.Petitioner’s second Exception to the Conclusion on Pages 3 and 4 that Petitioner has

waived its right to protest is rejected in that the conclusion of law contained in the

Reco mmended Order is a reasonable application of the pertinent laws to the material

facts as supported by competent substantial evidence.

3. Petitioner’s request to reject the ALJ’s Recommended Order is rejected in that there is competent substantial evidence tha t the legal conclusions drawn by the ALJ are a

reasonable application of the pertinent laws involved in this matter to justify the

dismissal of the bid protest.

4.The Honorable Lisa Shearer Nelson’s Recommended Order dated March 12, 2020 is

adopted and incorporated herein by the School Board of Brevard County, Florida, in its entirety.

WHEREFORE , based on the foregoing, The School Board of Brevard County, Florida

sustains the dismissal of Charter Communications Operating, LLC’s Formal Written Protest for lack of standing, and failure to timely file its challenge to specifications in the bid documents.

A copy of the Recommended Order is attached hereto.

DONE and ORDERED on this ___ day of ______________, 20__, at Vi era, Brevard

County, Florida.

T he School Board of Brevard County, Florida by:

MISTY BELFORD, Board Chair

C opies furnished to:

Paul Gibbs, Esq. (via email)

Charter Communication Operations, LLC v BCSB

BSCB Solicitation No. 20 - 328 -P- WH

DOAH CASE NO. 20 - 0872BID

Final Order

Page 2

Debra S. Babb -Nutcher, Esq. (via email)

Kenneth M. Curtin, Esq. (via email)

Notice of Right to Appeal

P ursuant to Section 120.68, Florida Statutes, any party to this proceeding may seek judicial review

of this Final Order in the appropriate district court of appeal by filing a notice of appeal pursuant

to Florida Rules of Appellate Procedure 9.110 (c). The original notice of appeal shall be filed with

Pam Escobar, Agency Clerk, Brevard County Public Schools, 2700 Judge Fran Jamieson Way,

Viera, Florida 32940, on or before thirty ( 30) days from the date of this Final Order . A copy of

the notice, together with the appropriate filing fee, must also be filed with the Clerk, District Court of Appeal, Fifth District, 300 South Beach Street, Daytona Beach, Florida.

Charter Communication Operations, LLC v BCSB

BSCB Solicitation No. 20 - 328 -P- WH

DOAH CASE NO. 20 - 0872BID

Final Order

Page 3