99-001518 Worthwhile Development Iii, Ltd. vs. Florida Housing Finance Corporation Status: Closed Recommended Order on Friday, October 8, 1999.

Summary: Parties agreed that Petitioner`s application for multifamily mortgage revenue bond program (1999 cycle) was timely and complete; Petitioner qualifies for further proceeding.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WORTHWHILE DEVELOPMENT III, LTD., )

)

Petitioner, )

)

vs. ) Case No. 99-1518

)

FLORIDA HOUSING FINANCE )

CORPORATION, )

)

Respondent. )

____________________________________)

RECOMMENDED ORDER

This cause is before the Division of Administrative Hearings

by Daniel M. Kilbride, Administrative Law Judge, on the Motion

for Summary Recommended Order filed by Petitioner, Worthwhile

Development III, Ltd. ("Worthwhile"), and, having considered said

Motion, the agreement of Florida Housing Finance Corporation

("FHFC"), the Joint Stipulation of Facts filed by the parties,

and being otherwise fully advised in the premises, the following

Recommended Order is hereby entered.

FINDINGS OF FACT

1. FHFC administers the Multifamily Mortgage Revenue Bond

Program (Bond Program) as set forth in Chapter 420, Part V,

Florida Statutes, and related administrative rules.

2. Worthwhile timely filed an application in the 1999 Bond

Program cycle which was assigned number 99-040 to finance a

development called Heritage Apartments in Collier County,

Florida.

3. FHFC initially deemed said application to be incomplete

for the reasons set forth in a letter dated February 4, 1999.

4. Worthwhile timely filed a Petition for Formal Hearing

challenging FHFC's determination that application number 99-040

was incomplete, which Petition was referred to the Division of

Administrative Hearings (DOAH) and assigned Case No. 99-1518.

5. Upon further review by FHFC and in considerati on of the

deposition testimony of FHFC representatives in this cause, the

parties stipulate and agree that:

a. Worthwhile's application number 99-040 was not

incomplete as initially determined by FHFC;

b. Worthwhile's application number 99-040 is

complete and must now be further processed pursuant

to appropriate rules and procedures; and

c. If it qualifies after further processing,

application number 99-040 is to be funded with the

next uncommitted bond proceeds made available to FHFC

for allocation.

CONCLUSIONS OF LAW

6. The Division of Administrative Hearings has

jurisdiction over the parties to, and the subject matter of, this

proceeding pursuant to Sections 120.569 and 120.57, Florida

Statutes.

7. The Florida Housing Finance Corporation was created by

the Legislature to assist in the alleviation of a shortage of

multifamily rental housing in the State of Florida. In an effort

to create inducements and opportunities for private and public

investment in developing, operating and maintaining such housing,

the Florida Housing multifamily mortgage revenue bond program was

created. Chapter 420, Part V, Florida Statutes, and Chapter

67-21, Florida Administrative Code.

8. Pursuant to said statute and rules, Petitioner filed an

application to finance a development called Heritage Apartments

in Collier County, Florida, early in 1999. Said application was

assigned number 99-040 by the Respondent. Rule 67-21.003,

Florida Administrative Code.

9. Based on Worthwhile's Petition for Formal Hearing and

the stipulated facts, it is concluded that:

a. Worthwhile's application number 99-040 was not

incomplete as initially determined by FHFC;

b. Worthwhile's application number 99-040 is

complete and must now be further processed pursuant

to appropriate rules and procedures; and

c. If it qualifies after further processing,

application number 99-040 is to be funded with the

next uncommitted bond proceeds made available to FHFC

for allocation.

RECOMMENDATION

Based upon the foregoing, it is hereby

RECO MMENDED that FHFC enter a Final Order which finds and

concludes that:

1. Worthwhile's application number 99-040 was not

incomplete as initially determined by FHFC;

2. Worthwhile's application number 99-040 is

complete and must now be further processed pursuant

to appropriate rules and procedures; and

3. If it qualifies after further processing,

application number 99-040 is to be funded with the

next uncommitted bond proceeds made available to FHFC

for allocation.

DONE AND ENTERED this 8th day of Octo ber, 1999, in

Tallahassee, Leon County, Florida.

___________________________________

DANIEL M. KILBRIDE

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 8th day of October, 1999.

COPIES FURNISHED:

James C. Hauser, Esquire

Skelding, Labasky, Corry, Hauser,

Jolly & Metz, P.A.

318 North Monroe Street

Tallahassee, Florida 32301

David A. Barrett, Esquire

Barrett & Pelham, P.A.

Post Office Box 930

Tallahassee, Florida 32302-0930

Brad Baker, Executive Director

Florida Housing Finance Corporation

227 North Bronough Street, Suite 5000

Tallahassee, Florida 32399-1329

Stephen M. Donelan, General Counsel

Florida Housing Finance Corporation

227 North Bronough Street, Suite 5000

Tallahassee, Florida 32399-1329

Michael J. Glazer, Esquire

Ausley & McMullen

227 South Calhoun Street

Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15

days from the date of this Recommended Order. Any exceptions to

this Recommended Order should be filed with the agency that will

issue the final order in this case.