10-002799RX Elmwood Terrace Limited Partnership vs. Florida Housing Finance Corporation
 Status: Closed
DOAH Final Order on Wednesday, October 6, 2010.


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Summary: Challenged provision was not a "rule" and, if so, was not invalid.

1IN THE DISTRICTCOURT OF APPEAL

6FIRST DISTRICT, STATE OF FLORIDA

11ELMWOOD TERRACE NOT FINAL UNTIL TIME EXPIRES TO

19LIMITED PARTNERSHIP, FILE MOTION FOR REHEARING AND

26DISPOSITION THEREOF IF FILED

30Appellant,

31CASE NOS. 1DlO-5930 and 1D11-0150

36v.

37FLORIDA HOUSING FINANCE

40CORPORATION, o ..r:::: %

44Appellee.

45»

46-----------_/ ­ ....

49I.,;

50...J

51Opinion filed November 7,2011.

56An appeal from the Division of Administrative Hearings.

64William F. Quattlebaum, Administrative Law Judge.

701. Stephen Menton of Rutledge, Ecenia & Purnell, P.A., Tallahassee, for Appellant.

82Wellington H.' Meffert, II, General Counsel, and Hugh R. Brown, Deputy General

94Counsel, Florida Housing Finance Corporation, Tallahassee, for Appellee.

102PER CURIAM.

104We consolidate two cases for appellate review. The first originates from

115Florida Housing Finance Corporation's (the Corporation) denial of stimulus funds

125to appellant. The second originates from a challenged rule used for support of the

139denial.

140We uphold the Corporation's denial of stimulus funds to appellant based on

152the application of the Impact Provision included in Florida Administrative Code

163Rule 67-48.0072 (2009), without further comment. As for the rule challenge, the

175administrative law judge (ALJ) upheld the rule based on alternative holdings. We

187uphold the ALl's determination that the rule is valid. However, we write to clarify

201that our affirmance should not be taken as approval of the order's alternative

214holding that the Impact Provision was not a rule, and therefore, appellant lacked

227standing.

228The Impact Provision was contained in a codified rule of the Florida

240Administrative'· Code, and appellant was denied stimulus funds based on the

251application of the provision. Thus, the provision was a rule, and appellant, who

264had been substantially affected by the rule's impact, had standing at both the

277hearing below' and on appeal. See Fla. Admin. Code. r. 67-48.0072 (2009); §

290120.68(1), Fla. Stat. (2009); see also § 120.52(16), Fla. Stat. (2009) (defining a rule

304as an agency statement of general applicability that implements, interprets, or

315prescribes law or policy, or describes the procedure or practice requirements of an

328agency).

329AFFIRMED.

330WOLF, LEWIS, and WETHERELL, n., CONCUR.

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PDF
Date
Proceedings
PDF:
Date: 02/03/2012
Proceedings: Transmittal letter from Claudia Llado forwarding the six-volume Transcript, along with the Telehonic Testimony Under Oath of Robert Vogt, and the three-volume binder of Joint Exhibits numbered 1-66, and one-volume Binder of Respondent's Exhibits numbered 1-2, to the agency.
PDF:
Date: 11/28/2011
Proceedings: Mandate filed.
PDF:
Date: 11/08/2011
Proceedings: Opinion filed.
PDF:
Date: 11/07/2011
Proceedings: Opinion
PDF:
Date: 11/07/2011
Proceedings: Mandate
PDF:
Date: 04/21/2011
Proceedings: BY ORDER OF THE COURT: Appellant's unopposed motion for extension of time filed on April 19, 2011, is granted filed.
PDF:
Date: 03/11/2011
Proceedings: BY ORDER OF THE COURT: Appellants' unopposed motion to consolidate and for extension of time filed on March 7, 2011, is granted filed.
PDF:
Date: 02/22/2011
Proceedings: Index, Record, and Certificate of Record sent to the First District Court of Appeal.
PDF:
Date: 12/03/2010
Proceedings: Index (of the Record) sent to the parties of record.
PDF:
Date: 12/03/2010
Proceedings: Invoice for the record on appeal mailed.
PDF:
Date: 11/09/2010
Proceedings: Acknowledgment of New Case, 1st DCA Case No. 1D10-5930 filed.
PDF:
Date: 11/05/2010
Proceedings: Notice of Appeal filed and Certified copy sent to the District Court of Appeal this date.
PDF:
Date: 10/06/2010
Proceedings: DOAH Final Order
PDF:
Date: 10/06/2010
Proceedings: Final Order (hearing held June 14-16 and June 22, 2010). CASE CLOSED.
Date: 08/27/2010
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 07/29/2010
Proceedings: Proposed Recommended Order filed.
PDF:
Date: 07/29/2010
Proceedings: Proposed Final Order filed.
PDF:
Date: 07/29/2010
Proceedings: Notice of Filing .
PDF:
Date: 07/29/2010
Proceedings: Respondent`s Proposed Final Order filed.
PDF:
Date: 07/29/2010
Proceedings: Respondent`s Proposed Recommended Order filed.
PDF:
Date: 07/08/2010
Proceedings: Telephonic Testimony Under Oath of Robert Vogt filed.
PDF:
Date: 07/08/2010
Proceedings: Notice of Filing (Transcript of Telephonic Testimony Under Oath of Robert Vogt).
PDF:
Date: 06/29/2010
Proceedings: Petitioner's Exhibit A (exhibit not available for viewing) filed.
Date: 06/29/2010
Proceedings: Transcript (volume I- VI) filed.
Date: 06/22/2010
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 06/17/2010
Proceedings: Notice of Telephonic Final Hearing (hearing set for June 22, 2010; 1:30 p.m.).
Date: 06/14/2010
Proceedings: CASE STATUS: Hearing Partially Held; continued to June 22, 2010; 1:30 p.m.; Tallahassee, FL).
PDF:
Date: 06/10/2010
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 05/27/2010
Proceedings: Petitioner's Notice of Taking Deposition (Wanda Greggo, Ben Johnson) filed.
PDF:
Date: 05/27/2010
Proceedings: Petitioner's Notice of Deposition Duces Tecum filed.
PDF:
Date: 05/25/2010
Proceedings: Order of Consolidation (DOAH Case Nos. 10-1975, 10-2799RX).
PDF:
Date: 05/24/2010
Proceedings: Order of Assignment.
PDF:
Date: 05/24/2010
Proceedings: Rule Challenge transmittal letter to Liz Cloud from Claudia Llado copying Scott Boyd and the Agency General Counsel.
PDF:
Date: 05/21/2010
Proceedings: Petition for Administrative Determination of Invalidity of Existing Rule filed.

Case Information

Judge:
WILLIAM F. QUATTLEBAUM
Date Filed:
05/21/2010
Date Assignment:
05/24/2010
Last Docket Entry:
02/03/2012
Location:
Tallahassee, Florida
District:
Northern
Agency:
Florida Housing Finance Corporation
Suffix:
RX
 

Counsels

Related Florida Statute(s) (8):

Related Florida Rule(s) (1):