14-000240BID
Southport Development, Inc., D/B/A Southport Development Services, Inc., And Garden Trail Apartments 2013, Llc vs.
Florida Housing Finance Corporation
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 5, 2014.
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 5, 2014.
1STATE OF FLORIDA
4FLORIDA HOUSING FINANCE CORPORATION
8SOUTHPORT DEVELOPMENT, INC.,
11d/b /a SOUTHPORT DEVELOPMENT
15SERVICES, INC., AND GARDEN TRAIL
20APARTMENTS 2013, LLC,
23Petitioners,
24vs. DOAH Case No. 14- 0240BID
30FHFC Case No. 2013 -039BP
35FLORIDA HOUSING FINANCE
38CORPORATION,
39Respondent,
40and
41LINGO COVE PARTNERS LTD., AND
46URBAN EDGE PARTNERS II, LTD.,
51Intervenors.
52PEYTON RIDGE COMMUNITY, LTD.,
56Petitioner,
57VS. DOAH Case No. 14 -241BID
63FHFC Case No. 2013 -040BP
68FLORIDA HOUSING FINANCE
71CORPORATION,
72Respondent,
73and
74LINGO COVE PARTNERS LTD., AND
79URBAN EDGE PARTNERS II, LTD.,
84Intervenors.
85/
86FILED WITH THE CLERK OF THE FLORIDA
931 HOUSING FINANCE CORPORATION
97/DATE-
98HTG HILLSBOROUGH 1, LLC,
102Petitioner,
103vs. DOAH Case No. 14- 0243BID
109FHFC Case No. 2013 -045BP
114FLORIDA HOUSING FINANCE
117CORPORATION,
118Respondent,
119and
120LINGO COVE PARTNERS LTD.,
124URBAN EDGE PARTNERS II, LTD.,
129AND BLUE HC 54, LLC,
134Intervenors.
135/
136HTG PINELLAS 2, LLC,
140Petitioner,
141vs. DOAH Case No. 14 -0244
147FHFC Case No.2013 -046BP
151FLORIDA HOUSING FINANCE
154CORPORATION,
155Respondent,
156and
157LINGO COVE PARTNERS LTD., AND
162URBAN EDGE PARTNERS II, LTD.,
167Intervenors.
168/
169FINAL ORDER
171This cause came before the Board of Directors of the Florida Housing Finance
184Corporation ( "Board ") for consideration and final agency action on March 14, 2014.
198The matter for consideration before this Board is a Consent Agreement entered into
211by the above -named Petitioners and Intervenors (collectively, the "Parties ") in this
224consolidated litigation. After a review of the record and otherwise being fully
236advised in these proceedings, this Board finds:
243The above named Parties timely submitted responses to RFA 2013 -02 for
255housing developments located in Duval, Hillsborough, Orange and Pinellas Counties
265(the "RFA ") seeking allocations of low income housing tax credits to help fund their
280respective proposed developments.
283On December 13, 2013, the Board accepted the recommendations of a staff
295review committee assigned to evaluate the RFA Applications, and notified
305Petitioners and other interested parties of the Board's intended decision to tentatively
317award an allocations of low- income tax housing tax credits ( "Housing Credits ") to
332selected proposed developments. Staff then provided all Applicants with a Notice
343of Rights pursuant to Sections 120.569, Fla. Stat. (2013).
352Following the Board's approval of the staff recommendations, Southport
361Development Inc., d/b /a Southport Development Services, Inc., and Garden Trail
372Apartments 2013, LLC (Collectively, "Southport"), HTG Pinellas 2, LLC and HTG
384Hillsborough 1, LLC (Collectively, "HTG "), and Peyton Ridge Community, LTD
395( "Peyton Ridge ") filed petitions for administrative hearings (the "Petitions ")
407challenging the scoring of various Applications submitted in response to the RFA.
419Subsequently, Lingo Cove Partners Ltd., Urban Edge Partners II, Ltd., Blue HC 54,
432LLC, intervened in the various cases resulting from the Petitions.
442After reviewing the Petitions, Florida Housing determined that the allegations
452included disputed issues of material fact, and forwarded the Petitions to the Division
465of Administrative Hearings for a formal hearing pursuant to Section 120.57(1), Fla.
477Stat. (2013). The cases were subsequently consolidated, and a formal hearing was
489scheduled for February 10 -11, 2014.
495Following the withdrawal of two of the Applications challenged in the
506Petitions, Nos. 2014-101C ( "Eagle Ridge ") and 2014 -129C ( "Senior Citizens
519Village "), the Parties agreed to enter into a Consent Agreement to resolve their
533respective issues without the uncertainty and expense of a final hearing, and agreed
546to present this Consent Agreement to the Board at its March 14, 2014 meeting. A
561copy of this executed Consent Agreement is attached hereto as Exhibit A. The
574Parties then filed a Consented Joint Motion to Relinquish Jurisdiction with the
586Administrative Law Judge on February 5, 2014. This Motion was granted and the
599Administrative Law Judge issued an Order Closing File on February 5, 2014,
611canceling the final hearing returning jurisdiction to Florida Housing Finance
621Corporation ( "Florida Housing ").
626This Consent Agreement preserves the scoring results and recommendations
635of the Review Committee that were adopted by the Board on December 13, 2013
649meeting, and recommends funding to the eligible Applications, as adjusted for the
661effects of the withdrawal of the two challenged Applications. The Consent
672Agreement further provides that all Petitioners will dismiss their Petitions within
683three business days of the issuance of this Final Order, that the execution of the
698Consent Agreement does not constitute and admission by any Party, and that each
711Party is responsible for its own attorney fees and costs incurred in the course of this
727consolidated litigation.
729RULING ON THE CONSENT AGREEMENT
734The Board approves the provisions and recommendations for funding as set
745forth in the attached Consent Agreement.
751ORDER
752In accordance with the foregoing, it is hereby found and ordered that the
765provisions and recommendations for funding set forth in the Consent Agreement are
777adopted and incorporated by reference as though fully set forth in this Order.
790Accordingly, it is found and ORDERED that funding is recommended to the
802Applicants as set forth in paragraph 5 of the Consent Agreement.
813DONE and ORDERED this 14th day of March, 2014.
822FLORIDA HOUSING FINANCE
825CORPORATION
826By:
827Copies to:
829Wellington H. Meffert II Craig Varn
835General Counsel Douglas Manson
839Florida Housing Finance Corporation Manson and Boives, P.A.
847337 North Bronough Street, Suite 5000 1101 Swann Avenue
856Tallahassee, FL 32301 Tampa, Florida 33606
862Ken Reecy Michael G. Maida
867Director of Multifamily Programs 1709 Hermitage Blvd.
874Florida Housing Finance Corporation Suite 201
880227 North Bronough Street, Suite 5000 Tallahassee, Florida 32308
889Tallahassee, Florida 32301
892M. Christopher Bryant
895Michael P. Donaldson, Esquire Oertel, Fernandez, Bryant &
903Carlton Fields Jorden Burt, P.A. Atkinson, P.A.
910215 South Monroe Street, Suite 500 P.O. Box 1110
919Tallahassee, Florida 32301 Tallahassee, Florida 32302
925Lawrence E. Sellers, Jr. Maureen M. Daughton
932Karen D. Walker Mark K. Logan
938Holland & Knight LLP Sniffen & Spellman, P.A.
946315 South Calhoun Street 123 North Monroe Street
954Suite 6000 Tallahassee, Florida 32301
959Tallahassee, Florida 32301
962NOTICE OF RIGHT TO JUDICIAL REVIEW
968A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL
977ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION
986120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE
992GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE.
1000SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A
1010NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE FLORIDA
1020HOUSING FINANCE CORPORATION, 227 NORTH BRONOUGH
1026STREET, SUITE 5000, TALLAHASSEE, FLORIDA 32301 -1329, AND A
1035SECOND COPY, ACCOMPANIED BY THE FILING FEES PRESCRIBED
1043BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT,
10532000 DRAYTON DRIVE, TALLAHASSEE, FLORIDA 32399 -0950, OR IN
1062THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT
1071WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE
1081FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO
1092BE REVIEWED.
- Date
- Proceedings
- PDF:
- Date: 02/05/2014
- Proceedings: Notice of Cancellation of Telephonic Deposition (of Claude Lavaron) filed.
- PDF:
- Date: 02/05/2014
- Proceedings: Notice of Cancellation of Telephonic Deposition (of Jeff Thompson) filed.
- PDF:
- Date: 02/05/2014
- Proceedings: Notice of Taking Telephonic Deposition (of Claude Lavaron) filed.
- PDF:
- Date: 02/03/2014
- Proceedings: Respondent's Consent to Petitioner HTG Hillsborough 1, LLC's Motion to Amend Petition filed.
- PDF:
- Date: 01/31/2014
- Proceedings: Petitioner, HTG Pinellas 2, LLC's Notice of Withdrawal of Argument filed.
- PDF:
- Date: 01/31/2014
- Proceedings: Petitioner, HTG Hillsborough 1, LLC's Notice of Withdrawal of Argument filed.
- PDF:
- Date: 01/30/2014
- Proceedings: Peyton Ridge Community Ltd.'s Notice of Serving Answers to Interrogatories to HTG Hillsborough 1, LLC filed.
- PDF:
- Date: 01/29/2014
- Proceedings: HTG Pinellas 2, LLC's Notice of Service of Responses to First Interrogatories from Lingo Cove Partners, Ltd filed.
- PDF:
- Date: 01/29/2014
- Proceedings: HTG Hillsborough 1, LLC's Notice of Service of Responses to First Interrogatories from Lingo Cove Partners, Ltd filed.
- PDF:
- Date: 01/29/2014
- Proceedings: HTG Pinellas 2, LLC's Responses to Request for Admissions from Lingo Cove Partners, LTD filed.
- PDF:
- Date: 01/29/2014
- Proceedings: HTG Hillsborough 1, LLC's Responses to Request for Admissions from Lingo Cove Partners, LTD filed.
- PDF:
- Date: 01/27/2014
- Proceedings: Lingo Cove Partners, Ltd's Response to HTG Hillsborough 1, LLC's First Request for Production of Documents filed.
- PDF:
- Date: 01/27/2014
- Proceedings: Lingo Cove Partners, Ltd's Response to HTG Hillsborough 1, LLC's First Request for Admissions filed.
- PDF:
- Date: 01/27/2014
- Proceedings: Intevenor Lingo Cove Partners, Ltd.'s Notice of Service of Answers and Objections to Petitioner HTG Hillsborough 1, LLC's First Set of Interrogatories filed.
- PDF:
- Date: 01/27/2014
- Proceedings: Notice of Hearing (hearing set for February 10 and 11, 2014; 9:00 a.m.; Tallahassee, FL).
- PDF:
- Date: 01/24/2014
- Proceedings: Garden Trail's Notice of Service of its First Set of Interrogatories to HTG 2 filed.
- PDF:
- Date: 01/24/2014
- Proceedings: HTG Hillsborough 1, LLC's First Request for Admissions to Intervenor Peyton Ridge Community, Ltd filed.
- PDF:
- Date: 01/24/2014
- Proceedings: HTG Hillsborough 1, LLC's First Request for Production of Documents to Intervenor, Peyton Ridge Community, Ltd filed.
- PDF:
- Date: 01/24/2014
- Proceedings: Petitioner's Notice of Serving its First Set of Interrogatories to Intervenor Peyton Ridge Community, Ltd filed.
- PDF:
- Date: 01/24/2014
- Proceedings: Lingo Cove Partners, Ltd., and Urban Edge Partners II, Ltd.'s First Requests for Admission to HTG Pinellas 2, LLC filed.
- PDF:
- Date: 01/24/2014
- Proceedings: Lingo Cove Partners, Ltd. and Urban Edge Partners II, Ltd.'s Notice of Service of First Set of Interrogatories to HTG Pinellas 2, LLC filed.
- PDF:
- Date: 01/24/2014
- Proceedings: Lingo Cove Partners, Ltd., and Urban Edge Partners II, Ltd.'s First Requests for Admission to HTG Hillsborough 1, LLC filed.
- PDF:
- Date: 01/24/2014
- Proceedings: Lingo Cove Partners, Ltd. and Urban Edge Partners II, Ltd.'s Notice of Service of First Set of Interrogatories to HTG Hillsborough 1, LLC filed.
- Date: 01/23/2014
- Proceedings: CASE STATUS: Pre-Hearing Conference Held.
- PDF:
- Date: 01/23/2014
- Proceedings: Intervenor's Notice of Serving its First Set of Interrogatories to HTG Pinellas 2, LLC (filed in Case No. 14-000241BID).
- PDF:
- Date: 01/23/2014
- Proceedings: Intervenor's Notice of Serving its First Set of Interrogatories to HTG Hillsborough 1, LLC (filed in Case No. 14-000241BID).
- PDF:
- Date: 01/23/2014
- Proceedings: Order of Consolidation (DOAH Case Nos. 14-0240BID, 14-0241BID, 14-0243BID, and 14-0244BID).
- PDF:
- Date: 01/21/2014
- Proceedings: Notice of Telephonic Pre-hearing Conference (set for January 23, 2014; 4:30 p.m.).
- PDF:
- Date: 01/15/2014
- Proceedings: Lingo Cove Partners, Ltd., and Urban Edge Partners II, Ltd's Petition for Leave to Intervene filed.
Case Information
- Judge:
- LINZIE F. BOGAN
- Date Filed:
- 01/15/2014
- Date Assignment:
- 01/16/2014
- Last Docket Entry:
- 03/14/2014
- Location:
- Tallahassee, Florida
- District:
- Northern
- Agency:
- Other
- Suffix:
- BID
Counsels
-
Hugh R. Brown, Esquire
Address of Record -
M. Christopher Bryant, Esquire
Address of Record -
Maureen McCarthy Daughton, Esquire
Address of Record -
Michael P. Donaldson, Esquire
Address of Record -
Mark Knowles Logan, Esquire
Address of Record -
Michael G. Maida, Esquire
Address of Record -
Douglas P. Manson, Esquire
Address of Record -
Wellington H. Meffert, II, Esquire
Address of Record -
Lawrence E. Sellers, Jr., Esquire
Address of Record -
Karen D. Walker, Esquire
Address of Record -
Hugh R. Brown, General Counsel
Address of Record -
Karen D Walker, Esquire
Address of Record -
Hugh R Brown, General Counsel
Address of Record -
Michael George Maida, Esquire
Address of Record -
Douglas P Manson, Esquire
Address of Record