14-000242BID Arbours At Ambassador Place, Llc vs. Florida Housing Finance Corporation Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, February 10, 2014.

STATE OF FLORIDA

FLORIDA HOUSING FINANCE CORPORATION

ARBOURS AT AMBASSADOR PLACE, LLC

Petitioner,

FHFC Case No. 2014 -041BP

DOAH Case No. 14- 0242BID

FLORIDA HOUSING FINANCE

CORPORATION,

Respondent,

And

PEYTON RIDGE COMMUNITY, LTD.;

LINGO COVE PARTNERS, LTD.; AND

URBAN EDGE PARTNERS II, LTD.,

Intervenors.

FINAL ORDER

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

Corporation ( "Board ") for consideration and final agency action on March 13, 2014.

The matter for consideration before this Board is an Order Closing File and

Relinquishing Jurisdiction pursuant to Section 120.57(1) and (3), Fla. Stat. (2013).

After a review of the record and otherwise being fully advised in these

proceedings, this Board finds:

Arbours at Ambassador Place, LLC (the "Petitioner ") timely submitted an

Application in response to Request for Applications (RFA) 2013 -02 for housing

FILED WITH THE CLERK OFTHE FLORIDA

1 HOUSING FINANCE CORPORATION

/DATE O

developments located in Duval, Hillsborough, Orange and Pinellas Counties (the

"RFA ") seeking allocations of low income housing tax credits to help fund its

proposed development.

On December 13, 2013, the Board accepted the recommendations of a staff

review committee assigned to evaluate the RFA Applications, and notified Petitioner

and other interested parties of the Board's intended decision to tentatively award an

allocations of low- income tax housing tax credits ( "Housing Credits "). Petitioner's

Application was deemed ineligible by the Board due to a shortfall in financing, based

on the disqualification of $2,238,634 in historic tax credits as a financing source.

Staff then provided all responders with a Notice of Rights pursuant to Sections

120.569, Fla. Stat. (2013).

Petitioners timely filed a Petition challenging Florida Housing's scoring of

their Application. Interested parties Peyton Ridge Community Ltd. ( "Peyton

Ridge "), Lingo Cove Partners, Ltd, and Urban Edge Partners II, Ltd. intervened in

the case as interested parties. After reviewing the Petition, Florida Housing

determined that the allegations included disputed issues of material fact, and

forwarded the Petition to the Division of Administrative Hearings for a formal

hearing pursuant to Section 120.57(3), Fla. Stat. (2013). A formal hearing was

scheduled for February 12, 2014 in Tallahassee, Florida.

Prior to the final hearing, Intervenor Peyton Ridge filed a Motion to Dismiss,

in which Florida Housing joined, alleging that Petitioner had failed to provide a

proper notice of their protest pursuant to section 120.57(3)(b), F.S. (notice was

provided in the name of Developer instead of Applicant entity).

On February 10, 2014 the Administrative Law Judge granted this Motion to

Dismiss and issued an Order Closing File and Relinquishing Jurisdiction

( "Recommended Order "), recommending that Florida Housing enter a Final Order

dismissing the Petition. A copy of this Order is attached hereto as Exhibit A.

No exceptions to this Order have been filed by any party.

RULING ON THE RECOMMENDED ORDER

The Board finds that the conclusions of law of the Recommended Order are

reasonable and appropriate under the circumstances, and that Petitioner has waived

its right to protest the scoring of its Application, pursuant to Section 120.57(3)(b),

Florida Statutes.

ORDER

In accordance with the foregoing, it is hereby found and ordered:

1. The conclusions of law of the Recommended Order are adopted as

Florida Housing's conclusions of law and incorporated by reference as though fully

set forth in this Order.

2. The Recommendation of the Recommended Order is adopted.

Accordingly, it is found and ORDERED that this matter is dismissed for

failing to provide proper notice pursuant to Section 120.57(3)(b), Florida Statutes,

and the relief requested in the Petition is DENIED.

DONE and ORDERED this 14th day of March, 2014.

FLORIDA HOUSING FINANCE

®AH&si

O: - CORPORATION

Tallahassee By: r

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CF CORP°

Copies to:

Wellington H. Meffert II Joseph M. Goldstein

General Counsel Gary J. Cohen

Florida Housing Finance Corporation Shutts & Bowen, LLP

337 North Bronough Street, Suite 5000 Wachovia Center, Suite 2100

Tallahassee, FL 32301 200 East Broward Boulevard

Fort Lauderdale, Florida 33301

Ken Reecy

Director of Multifamily Programs

Florida Housing Finance Corporation

227 North Bronough Street, Suite 5000

Tallahassee, Florida 32301

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL

ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION

120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE

GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE.

SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A

NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE FLORIDA

HOUSING FINANCE CORPORATION, 227 NORTH BRONOUGH

STREET, SUITE 5000, TALLAHASSEE, FLORIDA 32301 -1329, AND A

SECOND COPY, ACCOMPANIED BY THE FILING FEES PRESCRIBED

BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT,

2000 DRAYTON DRIVE, TALLAHASSEE, FLORIDA 32399 -0950, OR IN

THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT

WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE

FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO

BE REVIEWED.