12-001613 Janie Poe Associates 3, Llc vs. Florida Housing Finance Corporation
 Status: Closed
Recommended Order on Friday, July 6, 2012.


View Dockets  
Summary: Petitioner failed to meet its burden of proving entitlement to Proximity Tie-Breaker points for its designated public transfer bus stop and library.

1STATE OF FLORIDA

4FLORIDA HOUSING FINANCE CORPORATION

8JANIE POE ASSOCIATES 3, LLC,

13Petitioner,

14VS. DOAH CASE NO.: 12-1613

19FHFC NO. : 2012-029C

23APPLICATION NO. 2011-201C

26FLORIDA HOUSING FINANCE

29CORPORATION,

30Respondent.

31FINAL ORE En

34This cause came before the Board of Directors of the Florida Housing

46Finance Corporation for consideration and final agency action on July 20, 2012.

58The matter for consideration before this Board is a recommended order pursuant to

71Rule 67-48.005(2), Florida Administrative Code.

76Janie Poe Associates 3, LLC, ("Petitioner") timely submitted its 2011

88Universal Cycle Program Application (the "Application") to Florida Housing

98Finance Corporation ("Florida Housing") to compete for funding from the 2011

111Universal Cycle Program.

114Petitioner timely filed its Petition for Review ("Petition"), pursuant to

126Sections 120.569 and 120.57, Florida Statutes, challenging Florida Housing's

135scoring of Petitioner's Application. The matter was referred to the Division of

147FILED WITH THE CLERK OF THE FLORIDA

154HOUSING FINANCE CORPORATION

15740 I /DATE. 3/Nia

161Administrative Hearings, Case No. 12-1613. A final hearing in this matter was

173held before the Honorable Linzie Bogan, Administrative Law Judge on June 14,

1852012, in Tallahassee, Florida. Petitioner and Respondent timely filed Proposed

195Recommended Orders.

197After consideration of the arguments, evidence and testimony presented at

207hearing, and the Proposed Recommended Orders, the Administrative Law Judge

217issued a Recommended Order. A true and correct copy of the Recommended

229Order is attached hereto as "Exhibit A." The Administrative Law Judge affirmed

241Florida Housing's final scoring of Petitioner's application which found that

251Petitioner was not entitled to six Tie-Breaker Measurement Points for a Public Bus

264Transfer Stop and was not entitled to 1.75 Tie-Breaker Measurement Points for a

277Public Library for its proposed development. The Administrative Law Judge

287recommended that Florida Housing enter a Final Order denying the Janie Poe

299Associates 3, LLC's Petition.

303RULING ON THE RECOMMENDED ORDER

308The Findings of Fact and Conclusions of Law of the Recommended Order

320are supported by competent substantial evidence.

326O `1 ER

329In accordance with the foregoing, it is hereby ordered:

3381. The Findings of Fact of the Recommended Order are adopted as

350Florida Housing's Findings of Fact and incorporated by reference as though fully

362set forth in this Order.

3672. The Conclusions of Law of the Recommended Order are adopted as

379Florida Housing's Conclusions of Law and incorporated by reference as though

390fully set forth in this Order.

396Based on the Findings of Fact and Conclusions of Law stated above, IT IS

410HEREBY ORDERED that Florida Housing's scoring of Petitioner's Application

419is AFFI ED and the relief requested in the Petition is DISMISSED.

431DONE and O1 DERED this c2 o day of July, 2012.

442FLORIDA HOUSING FINANCE

445CORPORATION

446Copies to:

448Wellington H. Meffert II

452General Counsel

454Florida Housing Finance Corporation

458337 North Bronough Street, Suite 5000

464Tallahassee, FL 32301

467Kevin Tatreau

469Director of Multifamily Development Programs

474Florida Housing Finance Corporation

478337 North Bronough Street, Suite 5000

484Tallahassee, FL 32301

487Michael Donaldson

489Carlton Fields, P.A.

492P.O. Drawer 190

495Tallahassee, Fl 32302

498NOTICE OF RIGHT TO JUDICIAL REVIEW

504A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL

513' -1 ER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO

523SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE

530GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE.

538SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A

548NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE FLORIDA

558HOUSING FINANCE CORPO TION, 227 NORTH BRONOUGH

565STREET, SUITE 5000, TALLAHASSEE, FLORIDA 32301 -1329, AND A

574SECOND COPY, ACCOMPANIED BY THE FILING FEES PRESCRIBED

582BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT,

592300 MARTIN LUTHER KING, JR., BLVD., TALLAHASSEE, FLORIDA

60032399 -1850, OR IN THE DISTRICT COURT OF APPEAL IN THE

611APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE

619OF APPEAL MUST BE FILED WITHIN THIRTY ( 3) DAYS OF

630RENDITION OF THE ORDER TO BE REVIEWED.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 07/24/2012
Proceedings: Agency Final Order
PDF:
Date: 07/24/2012
Proceedings: (Agency) Final Order filed.
PDF:
Date: 07/06/2012
Proceedings: Recommended Order
PDF:
Date: 07/06/2012
Proceedings: Recommended Order (hearing held June 14, 2012). CASE CLOSED.
PDF:
Date: 07/06/2012
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 07/05/2012
Proceedings: (Proposed) Final Order filed.
PDF:
Date: 06/28/2012
Proceedings: Final Order filed.
PDF:
Date: 06/28/2012
Proceedings: Final Order filed.
PDF:
Date: 06/28/2012
Proceedings: Notice of Filing Copies of Final Orders filed.
PDF:
Date: 06/25/2012
Proceedings: Proposed Recommended Order filed.
PDF:
Date: 06/25/2012
Proceedings: Notice of Filing Proposed Recommended Order filed.
PDF:
Date: 06/25/2012
Proceedings: Florida Housing Finance Corporation's Proposed Recommended Order filed.
Date: 06/19/2012
Proceedings: Transcript (not available for viewing) filed.
Date: 06/14/2012
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 06/12/2012
Proceedings: Joint Prehearing Stipulation filed.
PDF:
Date: 06/06/2012
Proceedings: Notice of Taking Deposition (of S. Auger) filed.
PDF:
Date: 05/22/2012
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 05/22/2012
Proceedings: Notice of Hearing (hearing set for June 14, 2012; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 05/17/2012
Proceedings: Notice of Appearance (Matthew Sirmans) filed.
PDF:
Date: 05/14/2012
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 05/07/2012
Proceedings: Initial Order.
PDF:
Date: 05/04/2012
Proceedings: Agency action letter filed.
PDF:
Date: 05/04/2012
Proceedings: Agency referral filed.
PDF:
Date: 05/04/2012
Proceedings: Request for Administrative Hearing filed.

Case Information

Judge:
LINZIE F. BOGAN
Date Filed:
05/04/2012
Date Assignment:
05/07/2012
Last Docket Entry:
07/24/2012
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

Counsels

Related DOAH Cases(s) (1):

Related Florida Statute(s) (8):

Related Florida Rule(s) (1):