Rather, under Florida law, a contract exists upon the award of a bid, even though no formal writing exists. See Schloesser v. Dill, 383 So.2d 1129, 1131 (Fla.Dist.Ct.App. 1980); American Recycling Co. v. County of Manatee, 963 F. Supp. 1572, 1582 (M.D. Fla. 1997). Consequently, when R S accepted Hardaway's bid, a contract was formed under Florida law.
, “the determinative issue is the level of discretion afforded to the governmental body by the statutes, ordinances, policies or rules.” Am. Recycling Co., Inc. v. Cnty. of Manatee, 963 F.Supp. 1572, 1583 (M.D. Fla. 1997). As more discretion is granted to the governmental entity, the less likely it is that a constitutionally protected property interest exists.
The more discretionary authority afforded the governmental body by the statutes, etc., the less likely a constitutional protected property right exists.American Recycling Co. v. Cnty. of Manatee, 963 F. Supp. 1572, 1583 (M.D. Fla. 1997) (citing Circa Ltd. v. City of Miami, 79 F.3d 1057 (11th Cir. 1996); Key West, 987 F.2d 723; Pataula Elec. Membership Corp. v. Whitworth, 951 F.2d 1238 (11th Cir. 1992)). Thus, "no property interest inures if the decisionmaker is not constrained by objective considerations."
The more discretionary authority afforded the governmental body by the statutes, etc., the less likely a constitutional protected property right exists.American Recycling Co. v. Cnty. of Manatee, 963 F. Supp. 1572, 1583 (M.D. Fla. 1997) (citing Circa Ltd. v. City of Miami, 79 F.3d 1057 (11th Cir. 1996); Key West, 987 F.2d 723; Pataula Elec. Membership Corp. v. Whitworth, 951 F.2d 1238 (11th Cir. 1992)). Thus, "no property interest inures if the decisionmaker is not constrained by objective considerations."
To support its position, MDEQ cites analogous cases from other jurisdictions. In American Recycling Co. v. County of Manatee, 963 F.Supp. 1572 (M.D.Fla.1997), the county published an RFP requesting proposals for a recycling and waste management program. Id. at 1573.