12-002905 Florida Housing Finance Corporation vs. Flagler Square Apts, Ltd.; Flagler Square Developers, Llc; Biscayne River Village Phase I, Ltd.; Mm Biscayne River Village I, Llc; Biscayne River Village Phase Ii, Ltd.; Mm Biscayne River Village Ii, Llc; Gonzalo Deramon; And Michael Cox Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, November 19, 2012.

STATE OF FLORIDA

FLORIDA HOUSING FINANCE CORPORATION

FLORIDA HOUSING FINANCE CORPORATION,

Petitioner,

vs. DOAH CASE NO.: 12 -2905

FHFC CASE NO.: 2012 -031 UC

Application Nos: 2011 -070C,

2011 -076C and 2011 -077C

FLAGLER SQUARE APTS, LTD.,

FLAGER SQUARE DEVELOPERS, LLC,

BISCAYNE RIVER VILLAGE PHASE I, LTD.,

MM BISCAYNE RIVER VILLAGE I, LLC,

BISCAYNE RIVER VILLAGE PHASE II, LTD.,

MM BISCAYNE RIVER VILLAGE II, LLC,

GONZALO DERAMON AND MICHAEL COX,

Respondents,

FINAL ORDER

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

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

December 7, 2012. The matter before the Board is a Consent Agreement under

section 120.57(4), Florida Statutes. The Board has jurisdiction over this matter.

After reviewing the Record and being otherwise fully advised in these proceedings,

the Board finds:

On or about December 6, 2011, Respondents submitted or caused to be

submitted Applications numbered 2011- 070CEILB WIR , for

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HOUSING FINANCE CORPORATION

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projects known as Flagler Square Apartments, Biscayne River Village I, and

Biscayne River Village II, respectively ( "the Applications "). Each Application

sought an allocation of federal Low Income Housing Tax Credits ( "tax credits ")

from the Petitioner, through the 2011 Universal Application Cycle, which is

explicated more completely below. None of the referenced Applications were

awarded tax credits in the 2011 Universal Application Cycle.

On June 6, 2012, Florida Housing filed an Administrative Complaint, which

it amended twice, alleging in its Second Amended Administrative Complaint, filed

on September 5, 2012 that Respondents had, by including the two Downtown

Miami Grocery ( "DMG ") stores in the referenced Applications in order to gain tie-

breaker points for proximity to services, committed fraud or misrepresentation.

During discovery in preparation for a DOAH hearing, documentary evidence

and uncontroverted witness testimony established that on December 6, 2011, both

of the DMG locations (1) were retail establishments open to the public, with no

membership fee; (2) exceeded 4,500 square feet of air conditioned space; (3)

having as their major retail function to sell groceries, including foodstuffs, fresh

and packaged meats, produce and dairy products, intended for consumption off -

premises, and household supplies. Both DMG locations met all parts of the

definition of "grocery store," in Florida Housing's rule.

To resolve this matter, the Parties have entered into a Consent Agreement,

which inter alia, finds that there was no wrongdoing by any Party of any employee

of any Party; that each Party will bear its own attorneys fees and costs; that each

Party waives its right to any further action in any forum; and that upon the Board's

acceptance of the Consent Agreement, that this case will be dismissed with

prejudice. A copy of the Consent Agreement is attached as Exhibit "A."

RULING ON THE CONSENT AGREEMENT

The Board finds that the Findings of Fact and Conclusions of Law of the

Consent Agreement are supported by competent substantial evidence, and are

reasonable under the circumstances.

ORDER

1. The Findings of Fact of the Consent Agreement are adopted as Florida

Housing's Findings of Fact and incorporated by reference as though fully set forth

in this Order.

2. The Conclusions of Law of the Consent Agreement are adopted as

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

fully set forth in this Order.

3. The Conditions of Settlement and Stipulated Disposition of the

Consent Agreement are adopted.

IT IS HEREBY ORDERED that this matter is DISMISSED WITH

PREJUDICE.

DONE AND ORDERED this 714 day of December, 2012.

FLORIDA HOUSING FINANCE

CORPORATION

By:

Copies to:

Wellington H. Meffert II

General Counsel

Florida Housing Finance Corporation

337 North Bronough Street, Suite 5000

Tallahassee, FL 32301

Richard Alayon, Esq.

Andrew DeWeese, Esq.

Alayon & Associates

135 San Lorenzo Avenue, Suite 820

Coral Gables, FL 33146

Michael Chavies

Akerman Senterfitt

1 SE 3rd Ave # 28th Floor

Miami, Florida 33131 -1700

Claudio Riedi, Esq.

Bob de la Fuente, Esq.

Tew Cardenas

1441 Brickell Avenue, 15th Floor

Miami, FL 33131-3407