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.


View Dockets  

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.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 03/14/2014
Proceedings: Agency Final Order
PDF:
Date: 03/14/2014
Proceedings: Consent Order filed.
PDF:
Date: 03/14/2014
Proceedings: (Agency) Final Order filed.
PDF:
Date: 02/05/2014
Proceedings: Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
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: Consented Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 02/05/2014
Proceedings: Notice of Taking Telephonic Deposition (of Claude Lavaron) filed.
PDF:
Date: 02/04/2014
Proceedings: Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 02/04/2014
Proceedings: Order Granting Motion to Amend Administrative Complaint
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: (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: 01/31/2014
Proceedings: Petitioner's Notice of Taking Deposition (of Amy Garmon) filed.
PDF:
Date: 01/31/2014
Proceedings: Petitioner's Notice of Taking Deposition (of Amy Garmon) filed.
PDF:
Date: 01/31/2014
Proceedings: Notice of Taking Telephonic Deposition (of Jeff Thompson) filed.
PDF:
Date: 01/31/2014
Proceedings: Notice of Taking Telephonic Deposition (of George Shimp) 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: 01/27/2014
Proceedings: Notice of Availability for Hearing filed.
PDF:
Date: 01/24/2014
Proceedings: Garden Trail's First Request for Admissions to HTG 2 filed.
PDF:
Date: 01/24/2014
Proceedings: Garden Trail's First Request for Production to HTG 2 filed.
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: 01/23/2014
Proceedings: Order Granting Petition to Intervene.
PDF:
Date: 01/21/2014
Proceedings: Notice of Telephonic Pre-hearing Conference (set for January 23, 2014; 4:30 p.m.).
PDF:
Date: 01/21/2014
Proceedings: Motion to Consolidate filed.
PDF:
Date: 01/21/2014
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 01/15/2014
Proceedings: Lingo Cove Partners, Ltd., and Urban Edge Partners II, Ltd's Petition for Leave to Intervene filed.
PDF:
Date: 01/15/2014
Proceedings: Formal Written Protest and Petition for Formal Administrative Hearing filed.
PDF:
Date: 01/15/2014
Proceedings: Agency referral 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

Related Florida Statute(s) (3):