10-000896 Rst Fruitland Housing, L.P. vs. Florida Housing Finance Corporation
 Status: Closed
Recommended Order on Wednesday, June 9, 2010.


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Summary: Florida Housing properly found that Petitioner's failure to meet the required occupancy standard results in a rescission of its Federal Tax Credits in the 2008 Universal Cycle.

1STATE OF FLORIDA 

5DIVISION OF ADMINISTRATIVE HEARINGS 

10RST FRUITLAND HOUSING, LP,

14Petitioner,

15v.  DOAH CASE NO.: 10-0896

21FHFC CASE NO.: 2009-055GA

25FLORIDA HOUSING FINANCE CORPORATION,

29Respondent.

30FINAL ORDER

32This cause came before the Board of Directors of the Florida Housing

44Finance Corporation, following proceedings conducted pursuant to Sections

52120.569 and 120.57(1), Florida Statutes, and Rule 28-106, Fla. Admin.

62Code, for consideration and final agency action on June 18, 2010. On

74November 13, 2009, RST Fruitland Housing, LP ("RST") timely filed its

87Petition for Administrative Hearing with Respondent, Florida Housing

95Finance Corporation ("Florida Housing"). On February 1 0, 2010, RST filed

108an Amended Petition ("Petition") which challenged Florida Housing's

118decision rescinding Tax Credit Exchange Program funding allocated to RST

128under RFP 2009-04 for development an affordable housing project to be

139known as "Plata Lago." This action was based upon Florida Housing's

150finding that the submarket in which the development was to be built did not

164FILED WITH THE CLERK OF rHE FLORIDA

171HOUSING FINANCE CORPORATIONi

1741 [JVAilCi17da,h}ull /DATE. {£jt6/U){D

179meet requirement contained in R. 67-48.0072(1 0), Fla. Admin. Code, that

190the existing developments in the proposed development's submarket have a

200minimum 90 per cent average occupancy rate.

207Upon finding that the allegations in the Petition included disputed

217issues of material fact, Florida Housing forwarded the Petition to the

228Division of Administrative Hearings (DOAH) on January 22, 2009.

237A formal hearing was held in this case on April 27, 2010, m

250Tallahassee, Florida, before the Honorable RobertS. Cohen, Administrative

258Law Judge (the "ALJ"). RST and Florida Housing timely filed Proposed

270Recommended Orders.

272After consideration of the evidence, arguments, testimony presented at

281hearing and the Proposed Recommended Orders, on June 9, 2010, the ALJ

293issued a Recommended Order. A true and correct copy of the

304Recommended Order is attached hereto as "Exhibit A." The ALJ

314recommended that Florida Housing enter a Final Order rescinding funding to

325the Plata Lago development for failing to pass the occupancy standard set

337forth in Florida Administrative Code Chapter 67-48.

344RULING ON THE RECOMMENDED ORDER

349The aforementioned Exceptions having been rejected, the Board finds

358that the findings of fact and conclusions of law of the Recommended

370Order are supported by competent substantial evidence.

377ORDER

378In accordance with the foregoing, it is hereby ORDERED:

3871. The Findings of Fact of the Recommended Order are adopted

398as Florida Housing's Findings of Fact and incorporated by reference as

409though fully set forth in this Order.

4162. The Conclusions of Law of the Recommended Order are

426adopted as Florida Housing's conclusions of law and incorporated by

436reference as though fully set forth in this Order.

4453. The Petition for Administrative Hearing filed in this matter by

456Petitioner, RST Fruitland LP, is hereby DISMISSED and all relief requested

467therein is DENIED.

470DONE and ORDERED this 18th day of June, 2010.

479FLORIDA HOUSING FINANCE

482CORPORATION

483By: --------------------

485Chair

486Copies to:

488Hugh R. Brown

491Deputy General Counsel

494Florida Housing Finance Corporation

498337 North Bronaugh Street, Suite 5000

504Tallahassee, FL 32301

507Kevin Tatreau

509Deputy Development Officer

512Florida Housing Finance Corporation

516337 North Bronaugh Street, Suite 5000

522Tallahassee, FL 32301

525Michael P. Donaldson, Esquire

529Carlton Fields, P .A.

533215 South Monroe Street, Suite 500

539Tallahassee, Florida 32301

542NOTICE OF RIGHT TO JUDICIAL REVIEW

548A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL

557ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO

565SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS

571ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE

579PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY

585FILING ONE COPY OF A NOTICE OF APPEAL WITH THE

595AGENCY CLERK OF THE FLORIDA HOUSING FINANCE

602CORPORATION, 227 NORTH BRONOUGH STREET, SUITE 5000,

609TALLAHASSEE, FLORIDA 32301-1329, AND A SECOND COPY,

616ACCOMPANIED BY THE FILING FEES PRESCRIBED BY LAW,

624WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, 300

633MARTIN LUTHER KING, JR., BLVD., TALLAHASSEE, FLORIDA

64032399-1850, OR IN THE DISTRICT COURT OF APPEAL IN THE

650APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE

657NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30)

666DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 06/07/2016
Proceedings: Agency Final Order filed.
PDF:
Date: 06/18/2010
Proceedings: Agency Final Order
PDF:
Date: 06/09/2010
Proceedings: Recommended Order
PDF:
Date: 06/09/2010
Proceedings: Recommended Order (hearing held April 27, 2010). CASE CLOSED.
PDF:
Date: 06/09/2010
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 05/24/2010
Proceedings: Proposed Recommended Order filed.
PDF:
Date: 05/24/2010
Proceedings: Notice of Filing Proposed Recommended Order filed.
PDF:
Date: 05/24/2010
Proceedings: Respondent`s Proposed Recommended Order filed.
Date: 05/07/2010
Proceedings: Transcript (volume I-II) filed.
Date: 04/27/2010
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 04/21/2010
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 04/15/2010
Proceedings: Respondent's Notice of Taking Telephonic Deposition (Robert Vogt) filed.
PDF:
Date: 04/09/2010
Proceedings: Notice of Taking Depositions (of K. Tatreau) filed.
PDF:
Date: 04/09/2010
Proceedings: Notice of Taking Deposition (of R. Von) filed.
PDF:
Date: 04/09/2010
Proceedings: Notice of Taking Deposition (of B. Johnson) filed.
PDF:
Date: 03/24/2010
Proceedings: Order Re-scheduling Hearing (hearing set for April 27 and 28, 2010; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 03/24/2010
Proceedings: Respondent's Motion to Reschedule Hearing filed.
PDF:
Date: 03/01/2010
Proceedings: Notice of Hearing (hearing set for April 8 and 9, 2010; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 03/01/2010
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 02/26/2010
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 02/24/2010
Proceedings: Notice of Appearance filed.
PDF:
Date: 02/19/2010
Proceedings: Initial Order.
PDF:
Date: 02/18/2010
Proceedings: Agency action letter filed.
PDF:
Date: 02/18/2010
Proceedings: Amended Petition for Administrative Hearing filed.
PDF:
Date: 02/18/2010
Proceedings: Agency referral filed.

Case Information

Judge:
ROBERT S. COHEN
Date Filed:
02/18/2010
Date Assignment:
02/19/2010
Last Docket Entry:
06/07/2016
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

Counsels

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Related Florida Statute(s) (8):

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