14-000244BID Htg Pinellas 2, Llc vs. Florida Housing Finance Corporation Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 5, 2014.

STATE OF FLORIDA

FLORIDA HOUSING FINANCE CORPORATION

SOUTHPORT DEVELOPMENT, INC.,

d/b /a SOUTHPORT DEVELOPMENT

SERVICES, INC., AND GARDEN TRAIL

APARTMENTS 2013, LLC,

Petitioners,

vs. DOAH Case No. 14- 0240BID

FHFC Case No. 2013 -039BP

FLORIDA HOUSING FINANCE

CORPORATION,

Respondent,

and

LINGO COVE PARTNERS LTD., AND

URBAN EDGE PARTNERS II, LTD.,

Intervenors.

PEYTON RIDGE COMMUNITY, LTD.,

Petitioner,

VS. DOAH Case No. 14 -241BID

FHFC Case No. 2013 -040BP

FLORIDA HOUSING FINANCE

CORPORATION,

Respondent,

and

LINGO COVE PARTNERS LTD., AND

URBAN EDGE PARTNERS II, LTD.,

Intervenors.

/

FILED WITH THE CLERK OF THE FLORIDA

1 HOUSING FINANCE CORPORATION

/DATE-

HTG HILLSBOROUGH 1, LLC,

Petitioner,

vs. DOAH Case No. 14- 0243BID

FHFC Case No. 2013 -045BP

FLORIDA HOUSING FINANCE

CORPORATION,

Respondent,

and

LINGO COVE PARTNERS LTD.,

URBAN EDGE PARTNERS II, LTD.,

AND BLUE HC 54, LLC,

Intervenors.

/

HTG PINELLAS 2, LLC,

Petitioner,

vs. DOAH Case No. 14 -0244

FHFC Case No.2013 -046BP

FLORIDA HOUSING FINANCE

CORPORATION,

Respondent,

and

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 14, 2014.

The matter for consideration before this Board is a Consent Agreement entered into

by the above -named Petitioners and Intervenors (collectively, the "Parties ") in this

consolidated litigation. After a review of the record and otherwise being fully

advised in these proceedings, this Board finds:

The above named Parties timely submitted responses to RFA 2013 -02 for

housing developments located in Duval, Hillsborough, Orange and Pinellas Counties

(the "RFA ") seeking allocations of low income housing tax credits to help fund their

respective proposed developments.

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

review committee assigned to evaluate the RFA Applications, and notified

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

award an allocations of low- income tax housing tax credits ( "Housing Credits ") to

selected proposed developments. Staff then provided all Applicants with a Notice

of Rights pursuant to Sections 120.569, Fla. Stat. (2013).

Following the Board's approval of the staff recommendations, Southport

Development Inc., d/b /a Southport Development Services, Inc., and Garden Trail

Apartments 2013, LLC (Collectively, "Southport"), HTG Pinellas 2, LLC and HTG

Hillsborough 1, LLC (Collectively, "HTG "), and Peyton Ridge Community, LTD

( "Peyton Ridge ") filed petitions for administrative hearings (the "Petitions ")

challenging the scoring of various Applications submitted in response to the RFA.

Subsequently, Lingo Cove Partners Ltd., Urban Edge Partners II, Ltd., Blue HC 54,

LLC, intervened in the various cases resulting from the Petitions.

After reviewing the Petitions, Florida Housing determined that the allegations

included disputed issues of material fact, and forwarded the Petitions to the Division

of Administrative Hearings for a formal hearing pursuant to Section 120.57(1), Fla.

Stat. (2013). The cases were subsequently consolidated, and a formal hearing was

scheduled for February 10 -11, 2014.

Following the withdrawal of two of the Applications challenged in the

Petitions, Nos. 2014-101C ( "Eagle Ridge ") and 2014 -129C ( "Senior Citizens

Village "), the Parties agreed to enter into a Consent Agreement to resolve their

respective issues without the uncertainty and expense of a final hearing, and agreed

to present this Consent Agreement to the Board at its March 14, 2014 meeting. A

copy of this executed Consent Agreement is attached hereto as Exhibit A. The

Parties then filed a Consented Joint Motion to Relinquish Jurisdiction with the

Administrative Law Judge on February 5, 2014. This Motion was granted and the

Administrative Law Judge issued an Order Closing File on February 5, 2014,

canceling the final hearing returning jurisdiction to Florida Housing Finance

Corporation ( "Florida Housing ").

This Consent Agreement preserves the scoring results and recommendations

of the Review Committee that were adopted by the Board on December 13, 2013

meeting, and recommends funding to the eligible Applications, as adjusted for the

effects of the withdrawal of the two challenged Applications. The Consent

Agreement further provides that all Petitioners will dismiss their Petitions within

three business days of the issuance of this Final Order, that the execution of the

Consent Agreement does not constitute and admission by any Party, and that each

Party is responsible for its own attorney fees and costs incurred in the course of this

consolidated litigation.

RULING ON THE CONSENT AGREEMENT

The Board approves the provisions and recommendations for funding as set

forth in the attached Consent Agreement.

ORDER

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

provisions and recommendations for funding set forth in the Consent Agreement are

adopted and incorporated by reference as though fully set forth in this Order.

Accordingly, it is found and ORDERED that funding is recommended to the

Applicants as set forth in paragraph 5 of the Consent Agreement.

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

FLORIDA HOUSING FINANCE

CORPORATION

By:

Copies to:

Wellington H. Meffert II Craig Varn

General Counsel Douglas Manson

Florida Housing Finance Corporation Manson and Boives, P.A.

337 North Bronough Street, Suite 5000 1101 Swann Avenue

Tallahassee, FL 32301 Tampa, Florida 33606

Ken Reecy Michael G. Maida

Director of Multifamily Programs 1709 Hermitage Blvd.

Florida Housing Finance Corporation Suite 201

227 North Bronough Street, Suite 5000 Tallahassee, Florida 32308

Tallahassee, Florida 32301

M. Christopher Bryant

Michael P. Donaldson, Esquire Oertel, Fernandez, Bryant &

Carlton Fields Jorden Burt, P.A. Atkinson, P.A.

215 South Monroe Street, Suite 500 P.O. Box 1110

Tallahassee, Florida 32301 Tallahassee, Florida 32302

Lawrence E. Sellers, Jr. Maureen M. Daughton

Karen D. Walker Mark K. Logan

Holland & Knight LLP Sniffen & Spellman, P.A.

315 South Calhoun Street 123 North Monroe Street

Suite 6000 Tallahassee, Florida 32301

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.