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


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

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8WORTHWHILE DEVELOPMENT III, LTD., )

13)

14Petitioner, )

16)

17vs. ) Case No. 99-1518

22)

23FLORIDA HOUSING FINANCE )

27CORPORATION, )

29)

30Respondent. )

32____________________________________)

33RECOMMENDED ORDER

35This cause is before the Division of Administrative Hearings

44by Daniel M. Kilbride, Administrative Law Judge, on the Motion

54for Summary Recommended Order filed by Petitioner, Worthwhile

62Development III, Ltd. ("Worthwhile"), and, having considered said

72Motion, the agreement of Florida Housing Finance Corporation

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

92and being otherwise fully advised in the premises, the following

102Recommended Order is hereby entered.

107FINDINGS OF FACT

1101. FHFC administers the Multifamily Mortgage Revenue Bond

118Program (Bond Program) as set forth in Chapter 420, Part V,

129Florida Statutes, and related administrative rules.

1352. Worthwhile timely filed an application in the 1999 Bond

145Program cycle which was assigned number 99-040 to finance a

155development called Heritage Apartments in Collier County,

162Florida.

1633. FHFC initially deemed said application to be incomplete

172for the reasons set forth in a letter dated February 4, 1999.

1844. Worthwhile timely filed a Petition for Formal Hearing

193challenging FHFC's determination that application number 99-040

200was incomplete, which Petition was referred to the Division of

210Administrative Hearings (DOAH) and assigned Case No. 99-1518.

2185. Upon further review by FHFC and in considerati on of the

230deposition testimony of FHFC representatives in this cause, the

239parties stipulate and agree that:

244a. Worthwhile's application number 99-040 was not

251incomplete as initially determined by FHFC;

257b. Worthwhile's application number 99-040 is

263complete and must now be further processed pursuant

271to appropriate rules and procedures; and

277c. If it qualifies after further processing,

284application number 99-040 is to be funded with the

293next uncommitted bond proceeds made available to FHFC

301for allocation.

303CONCLUSIONS OF LAW

3066. The Division of Administrative Hearings has

313jurisdiction over the parties to, and the subject matter of, this

324proceeding pursuant to Sections 120.569 and 120.57, Florida

332Statutes.

3337. The Florida Housing Finance Corporation was created by

342the Legislature to assist in the alleviation of a shortage of

353multifamily rental housing in the State of Florida. In an effort

364to create inducements and opportunities for private and public

373investment in developing, operating and maintaining such housing,

381the Florida Housing multifamily mortgage revenue bond program was

390created. Chapter 420, Part V, Florida Statutes, and Chapter

39967-21, Florida Administrative Code.

4038. Pursuant to said statute and rules, Petitioner filed an

413application to finance a development called Heritage Apartments

421in Collier County, Florida, early in 1999. Said application was

431assigned number 99-040 by the Respondent. Rule 67-21.003,

439Florida Administrative Code.

4429. Based on Worthwhile's Petition for Formal Hearing and

451the stipulated facts, it is concluded that:

458a. Worthwhile's application number 99-040 was not

465incomplete as initially determined by FHFC;

471b. Worthwhile's application number 99-040 is

477complete and must now be further processed pursuant

485to appropriate rules and procedures; and

491c. If it qualifies after further processing,

498application number 99-040 is to be funded with the

507next uncommitted bond proceeds made available to FHFC

515for allocation.

517RECOMMENDATION

518Based upon the foregoing, it is hereby

525RECOMMENDED that FHFC enter a Final Order which finds and

535concludes that:

5371. Worthwhile's application number 99-040 was not

544incomplete as initially determined by FHFC;

5502. Worthwhile's application number 99-040 is

556complete and must now be further processed pursuant

564to appropriate rules and procedures; and

5703. If it qualifies after further processing,

577application number 99-040 is to be funded with the

586next uncommitted bond proceeds made available to FHFC

594for allocation.

596DONE AND ENTERED this 8th day of Octo ber, 1999, in

607Tallahassee, Leon County, Florida.

611___________________________________

612DANIEL M. KILBRIDE

615Administrative Law Judge

618Division of Administrative Hearings

622The DeSoto Building

6251230 Apalachee Parkway

628Tallahassee, Florida 32399-3060

631(850) 488-9675 SUNCOM 278-9675

635Fax Filing (850) 921-6847

639www.doah.state.fl.us

640Filed with the Clerk of the

646Division of Administrative Hearings

650this 8th day of October, 1999.

656COPIES FURNISHED:

658James C. Hauser, Esquire

662Skelding, Labasky, Corry, Hauser,

666Jolly & Metz, P.A.

670318 North Monroe Street

674Tallahassee, Florida 32301

677David A. Barrett, Esquire

681Barrett & Pelham, P.A.

685Post Office Box 930

689Tallahassee, Florida 32302-0930

692Brad Baker, Executive Director

696Florida Housing Finance Corporation

700227 North Bronough Street, Suite 5000

706Tallahassee, Florida 32399-1329

709Stephen M. Donelan, General Counsel

714Florida Housing Finance Corporation

718227 North Bronough Street, Suite 5000

724Tallahassee, Florida 32399-1329

727Michael J. Glazer, Esquire

731Ausley & McMullen

734227 South Calhoun Street

738Tallahassee, Florida 32301

741NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

747All parties have the right to submit written exceptions within 15

758days from the date of this Recommended Order. Any exceptions to

769this Recommended Order should be filed with the agency that will

780issue the final order in this case.

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Date
Proceedings
Date: 11/02/1999
Proceedings: Final Order filed.
PDF:
Date: 11/01/1999
Proceedings: Agency Final Order
PDF:
Date: 11/01/1999
Proceedings: Recommended Order
PDF:
Date: 10/08/1999
Proceedings: Recommended Order sent out. CASE CLOSED. No hearing; Motion for Summary Recommended Order.
Date: 09/30/1999
Proceedings: (Petitioner) Motion for Summary Recommended Order; Request for Motion Hearing; Joint Stipulation of Facts; Recommended Order (for Judge Signature) filed.
Date: 09/28/1999
Proceedings: Order Closing File (in case no. 99-1519) sent out. CASE CLOSED.
Date: 09/21/1999
Proceedings: (Worthwhile) Notice of Partial Voluntary Dismissal (Case No. 99-1519) filed.
Date: 09/21/1999
Proceedings: Worthwhile`s Notice of Taking Deposition Duces Tecum filed.
Date: 09/17/1999
Proceedings: (M. Glazer) Notice of Taking Deposition Duces Tecum filed.
Date: 08/27/1999
Proceedings: Worthwhile`s Notice of Rule 1.310(b)(6) Taking Depositions Duces Tecum filed.
Date: 06/11/1999
Proceedings: Order Continuing Hearing sent out. (hearing set for October 12-15, 1999; 9:00am; Tallahassee)
Date: 06/03/1999
Proceedings: (J. Hauser) Unopposed Motion for Continuance of Final Hearing filed.
Date: 05/28/1999
Proceedings: Respondent`s First Request for Request for Production of Documents to Worthwhile Development III, LTD.; Notice of Propounding First Interrogatories to Worthwhile Development III, LTD. filed.
Date: 05/28/1999
Proceedings: Respondent`s First Request for Production of Documents to Worthwhile Development V, LTD.; Notice of Propounding First Interrogatories to Worthwhile Development V, LTD. filed.
Date: 05/18/1999
Proceedings: (M. Glazer) Notice of Appearance of Co-Counsel filed.
Date: 04/28/1999
Proceedings: Prehearing Order sent out.
Date: 04/28/1999
Proceedings: Notice of Hearing sent out. (hearing set for July 21-23, 1999; 10:00am; Tallahassee)
Date: 04/28/1999
Proceedings: Order of Consolidation sent out. (Consolidated cases are: 99-001518, 99-001519)
Date: 04/15/1999
Proceedings: (Petitioner) Response to Initial Order filed.
Date: 04/05/1999
Proceedings: Initial Order issued.
Date: 04/01/1999
Proceedings: Agency Referral Letter; Petition for Formal Administrative Hearing; Agency Action Letter filed.

Case Information

Judge:
DANIEL M. KILBRIDE
Date Filed:
04/01/1999
Date Assignment:
04/05/1999
Last Docket Entry:
11/02/1999
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

Related DOAH Cases(s) (1):

Related Florida Statute(s) (2):

Related Florida Rule(s) (1):