12-002899 Landings At Cross Bayou, Lllp vs. Florida Housing Finance Corporation
 Status: Closed
Recommended Order on Tuesday, January 22, 2013.


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Summary: Petitioner established that agency erred in scoring competing application for federal Low Income Housing tax credits, and that Petitioner is therefore entitled to "but for" credits in the next funding cycle.

1STATE OF FLORIDA

4FLORIDA HOUSING FINANCE CORPORATION

8LANDINGS AT CROSS BAYOU, LLP,

13Petitioners, DOAH CASE NO. 2012-2899

18FHFC CASE NO. 2012-44UC

22vs.

23FLORIDA HOUSING FINANCE

26CORPORA TION,

28Respondent.

29FINAL ORDER

31This cause came before the Board of Directors of the Florida Housing

43Finance Corporation ("Board") for consideration and final agency action on March

5615,2013. The matter for consideration before this Board is a Recommended Order

69filed pursuant to Section 120.57(1), Florida Statutes, and Rule 28-106.216, Florida

80Administrative Code. The Board has jurisdiction.

86Petitioner timely filed its Petition for Administrative Hearing pursuant to

96Sections 120.569 and 120.57(1), Florida Statutes, (the "Petition") challenging

106Florida Housing's scoring of a competitor's application for funding in the 2011

118Universal Application Cycle. Florida Housing reviewed the Petition pursuant to

128Section 120.569(2)(c), Florida Statutes, and determined that the Petition raised

138disputed issues of material fact. Pursuant to Section 120.57(1), Florida Statutes, a

150FILED WITH THE CLERK OFTHE FLORIDA

156HOUSING FINANCECORPORATlON

158f!lt.JJ.a c;t{1/;w.uI /DATL 4/C)"/13

165formal hearing was held in this case on October 23, 2012, in Tallahassee, Florida,

179before Administrative Law Judge Lawrence P. Stephenson of the Division of

190Administrative Hearings ("DOAH"). Petitioner and Florida Housing timely filed

201Proposed Recommended Orders.

204After consideration of the evidence and arguments presented at hearing, and

215the Proposed Recommended Orders, the Administrative Law Judge ("ALJ") issued

227a Recommended Order. A true and correct copy of the Recommended Order is

240attached hereto as "Exhibit A." The ALJ recommended that Florida Housing issue

252a Final Order awarding Petitioner an allocation of low income housing tax credits

265from the next available allocation.

270Pursuant to Section 120.57(1)(k), Florida Statutes, and Rule 28-106.217,

279Florida Administrative Code, Florida Housing timely filed "Respondent's

287Exceptions to Recommended Order" (hereinafter "Exceptions"), a copy of which

298is attached hereto as "Exhibit B" and made a part hereof by reference. Petitioner

312subsequently filed its "Response to Respondent's Exceptions to Recommended

321Order" (hereinafter "Response"), a copy of which is attached hereto as "Exhibit

334C."

335After a review of the entire record in thisproceeding, the Board makes the

348following findings and rulings:

352RESPONDENT'S EXCEPTIONS

3541. Respondent Florida Housing's Exceptions to Conclusion of Law

363No. 48 of the Recommended Order, and to the Recommendation of the

375Recommended Order, as being contrary to the uncontroverted facts in the Record,

387are not well taken.

3912. The facts set forth in the Recommended Order make clear that the

"404CBD-2" zoning category at issue in Application No. 2011-106C was not in effect

417at any time material to the 2011 Universal Application Cycle; that at all times

431material the parcel at issue was zoned "DC-I." However, under R. 67-48.004(6

443and 9), the facial inconsistency created by the reference to "CBD-2" zoning on the

457map attached to the letter dated February 27, 2012, from the Zoning Official for

471the City of St. Petersburg, cannot be ignored.

4793. Because of this inconsistency, the MLF Towers Application, No.

4892011-106UC, should have been rejected. See, Twin Lakes of Lakeland LLLP v.

501Florida Housing Finance Corporation, FHFCCase No. 2012-005UC (Final Order

510June 8, 2012.

513RULING ON RESPONDENT'S EXCEPTIONS

517Respondent's Exceptions to the Recommended Order are not adopted.

526RULING ON THE RECOMMENDED ORDER

5311. The findings of fact set out in the Recommended Order are supported

544by competent substantial evidence.

5482. The conclusions of law in the Recommended Order are supported by

560competent substantial evidence.

563ORDER

564In accordance with the foregoing:

5691. The Findings of Fact of the Recommended Order are adopted as

581Florida Housing's Findings of Fact and incorporated by reference as though fully

593set forth in this Order.

5982. The Conclusions of Law in the Recommended Order are adopted as

610Florida Housing's Conclusions of Law and incorporated by reference as though

621fully set forth in this Order.

6273. The Recommendation of the Recommended Order is adopted.

636IT IS HEREBY FOUND AND ORDERED that Florida Housing erred

646in its scoring of MLF Towers' Application No. 2011-106C, and that Petitioner

658Landings at Cross Bayou, LLLP, is entitled to an award of Low Income Housing

672Tax Credits from the next available allocation.

679DONE and ORDERED this lS'th day of m.t:fI1,.CH ,2013.

689FLORIDA HOUSING FINANCE

692CORPORATION

693Copies to:

695Wellington H. Meffert II, General Counsel

701Florida Housing Finance Corporation

705227 North Bronough Street, Suite 5000

711Tallahassee, FL 32301

714Kevin Tatreau

716Director of Multifamily Development Programs

721Florida Housing Finance Corporation

725227 North Bronough Street, Suite 5000

731Tallahassee, FL 32301

734Michael P. Donaldson, Esq.

738Carlton Fields, P.A.

741P.O. Drawer 190

744Tallahassee, FL 32302

747NOTICE OF RIGHT TO JUDICIAL REVIEW

753A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL

762ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO

770SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE

777GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE.

785SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF

794A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE

804FLORIDA HOUSING FINANCE CORPORATION, 227 NORTH

810BRONOUGH STREET, SUITE 5000, TALLAHASSEE, FLORIDA 32301­

8171329, AND A SECOND COPY, ACCOMPANIED BY THE FILING FEES

827PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL,

836FIRST DISTRICT, 300 MARTIN LUTHER KING, JR., BLVD.,

844TALLAHASSEE, FLORIDA 32399-1850, OR IN THE DISTRICT COURT

852OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY

861RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN

870THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE

880REVIEWED.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 03/26/2014
Proceedings: (Agency) Final Order filed.
PDF:
Date: 03/26/2014
Proceedings: Response to Exceptions of Respondent filed.
PDF:
Date: 03/26/2014
Proceedings: Respondent's Exceptions to Recommended Order filed.
PDF:
Date: 04/15/2013
Proceedings: Agency Final Order
PDF:
Date: 01/22/2013
Proceedings: Recommended Order
PDF:
Date: 01/22/2013
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 01/22/2013
Proceedings: Recommended Order (hearing held October 23, 2012). CASE CLOSED.
PDF:
Date: 11/16/2012
Proceedings: Letter to Judge Stevenson from W. Meffert regarding a cd containing four final orders filed.
PDF:
Date: 11/13/2012
Proceedings: (Petitioner's Proposed) Recommended Order filed.
PDF:
Date: 11/13/2012
Proceedings: Respondent's Proposed Recommended Order filed.
PDF:
Date: 11/13/2012
Proceedings: Notice of Filing Proposed Recommended Order filed.
Date: 11/01/2012
Proceedings: Transcript of Proceedings (not available for viewing) filed.
PDF:
Date: 10/24/2012
Proceedings: Letter to Judge Stevenson from Wellington Meffert enclosing Exhibit 15, Deposition of Phillip Lazzzara (exhibit not available for viewing) filed.
Date: 10/23/2012
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 10/18/2012
Proceedings: Joint Prehearing Stipulation filed.
PDF:
Date: 10/02/2012
Proceedings: Notice of Taking Deposition (of S. Auger) filed.
PDF:
Date: 09/12/2012
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 09/12/2012
Proceedings: Notice of Hearing (hearing set for October 23, 2012; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 09/11/2012
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 09/05/2012
Proceedings: Notice of Transfer.
PDF:
Date: 09/04/2012
Proceedings: Scoring Summary Report filed.
PDF:
Date: 09/04/2012
Proceedings: Petition for Administrative Hearing filed.
PDF:
Date: 09/04/2012
Proceedings: Initial Order.
PDF:
Date: 09/04/2012
Proceedings: Agency referral filed.

Case Information

Judge:
LAWRENCE P. STEVENSON
Date Filed:
09/04/2012
Date Assignment:
09/05/2012
Last Docket Entry:
03/26/2014
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

Counsels

Related DOAH Cases(s) (2):

Related Florida Statute(s) (5):

Related Florida Rule(s) (2):