15-002386BID Capital Grove Limited Partnership vs. Florida Housing Finance Corporation
 Status: Closed
Recommended Order on Monday, August 3, 2015.


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Summary: Protester failed to establish standing or that its application should be approved for funding.

1STATE OF FLORIDA

4FLORIDA HOUSING FINANCE CORPORATION

8CAPITAL GROVE LIMITED

11PARTNERSHIP,

12Petitioner,

13v. FHFC CASE NO.: 2015 -012BP

19DOAH Case No.: 15- 2386BID

24FLORIDA HOUSING FINANCE

27CORPORATION,

28Respondent,

29and

30HTG WELLINGTON FAMILY, LLC,

34Intervenor.

35FINAL ORDER

37This cause came before the Board of Directors of the Florida Housing Finance

50Corporation ( "Board ") for consideration and final agency action on August 7, 2015.

64Petitioner Capital Grove Limited Partnership, ( "Capital Grove ") timely submitted

75an Application for funding ( "Application ") in response to Request for Applications

882014 -114. The matter for consideration before this Board is a Recommended Order

101pursuant to §120.57(1) and (3), Fla. Stat. (2014).

1091. Petitioner timely filed its Petition for Formal Administrative Hearing

119pursuant to § §120.569 and 120.57(1) and (3), Fla. Stat. (2014), (the "Petition ")

133challenging the preliminary agency action of Florida Housing Finance Corporation

143FILED WITH THE CLERK OF THE FLORIDA

150HOUSING F CE CORPORATION

154/DATE- 9- . !S"

158( "Florida Housing ") regarding the scoring of its Application and that of Intervenor

172HTG Wellington Family, LLC ( "HTG "). HTG subsequently intervened in the

184proceeding.

1852. Florida Housing reviewed the Petition pursuant to § 120.569(2)(c), Fla.

196Stat. (2014), determined that the Petition raised disputed issues of material fact and

209referred the case to the Division of Administrative Hearings. Pursuant to

220§120.57(1), Fla. Stat. (2014), an informal hearing was held in this case on July 1,

2352015, in Tallahassee, Florida, before Administrative Law Judge (ALJ) James H.

246Peterson, III. Following the hearing, Capital Grove, Florida Housing and HTG all

258timely filed Proposed Recommended Orders.

2633. After consideration of the evidence and arguments presented at hearing

274and the Proposed Recommended Orders, the All issued a Recommended Order. A

286true and correct copy of the Recommended Order is attached hereto as "Exhibit A."

300The ALJ recommended: that Florida Housing issue a Final Order affirming the

312Florida Housing's scoring of the Capital Grove Application; finding that as a result

325Capital Grove lacks standing to challenge HTG's Application; otherwise affirming

335Florida Housing's scoring of the HTG Application; and recommending denial of the

347relief requested in the Petition.

3524. §120.57(1)(k), Fla. Stat. (2014) provides a procedure for a Petitioner to

364challenge the findings of a Recommended Order entered pursuant to a formal

376hearing. Capital Grove timely filed its Exceptions to the Recommended Order on

388August 5, 2015, a copy of which is attached hereto as "Exhibit B" and made a part

405hereof by reference. Florida Housing and HTG subsequently filed a Joint Response

417to Petitioners Exceptions ( "Joint Response ") the following day, August 6, 2015, a

431copy of which is attached hereto as "Exhibit C" and incorporated herein by

444reference.

445RULING ON EXCEPTIONS

4485. Based on a review of the record and the arguments presented by the

462Parties, the Board specifically rejects Capital Grove's enumerated Exceptions 1 -5

473for the reasons set forth in the Recommended Order and the Joint Response.

486RULING ON THE RECOMMENDED ORDER

4916. The Findings of Fact of the Recommended Order are supported by

503competent substantial evidence.

5067. The Conclusions of Law of the Recommended Order are supported by

518competent substantial evidence.

5218. The arguments presented in Capital Grove's Exceptions 1 -5 are

532specifically rejected on the grounds set forth in the Recommended Order and the

545Joint Response.

547ORDER

548In accordance with the foregoing, it is hereby ORDERED:

5579. The Findings of Fact of the Recommended Order are adopted as Florida

570Housing's findings of fact and incorporated by reference as though fully set forth in

584this Order.

58610. The Conclusions of Law of the Recommended Order are adopted as

598Florida Housing's Conclusions of Law and incorporated by reference as though fully

610set forth in this Order.

615IT IS HEREBY ORDERED that Florida Housing's scoring of the Capital

626Grove and HTG Applications is AFFIRMED and the relief requested in the Petition

639is DENIED.

641DONE and ORDERED this 7th day of August, 2015.

650FLORIDA HOUSING FINANCE

653CORPORATION

654Bv:

655Copies to:

657Hugh R. Brown

660General Counsel

662Florida Housing Finance Corporation

666227 North Bronough Street, Suite 5000

672Tallahassee, FL 32301

675Ken Reecy

677Director of Multifamily Programs

681Florida Housing Finance Corporation

685227 North Bronough Street, Suite 5000

691Tallahassee, FL 32301

694Michael P. Donaldson, Esquire

698Carlton Fields Jorden Burt, P.A.

703215 S. Monroe Street, Suite 500

709Tallahassee, FL 32301

712Maureen McCarthy Daughton, Esquire

716Maureen McCarthy Daughton, LLC

7201725 Capital Circle NE, Suite 304

726Tallahassee, FL 32308

729NOTICE OF RIGHT TO JUDICIAL REVIEW

735A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS

746ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68,

754FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY

761THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH

768PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A

777NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE FLORIDA

787HOUSING FINANCE CORPORATION, 227 NORTH BRONOUGH

793STREET, SUITE 5000, TALLAHASSEE, FLORIDA 32301 -1329, AND A

802SECOND COPY, ACCOMPANIED BY THE FILING FEES PRESCRIBED

810BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT,

820300 MARTIN LUTHER KING, JR., BLVD., TALLAHASSEE, FLORIDA

82832399 -1850, OR IN THE DISTRICT COURT OF APPEAL IN THE

839APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE

847OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF

857RENDITION OF THE ORDER TO BE REVIEWED.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 08/07/2015
Proceedings: Agency Final Order
PDF:
Date: 08/07/2015
Proceedings: (Agency) Final Order filed.
PDF:
Date: 08/03/2015
Proceedings: Recommended Order
PDF:
Date: 08/03/2015
Proceedings: Recommended Order (hearing held July 1, 2015). CASE CLOSED.
PDF:
Date: 08/03/2015
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 07/16/2015
Proceedings: Intervenor's Proposed Recommended Order filed.
PDF:
Date: 07/16/2015
Proceedings: (Petitioner's Proposed) Recommended Order filed.
PDF:
Date: 07/16/2015
Proceedings: (Petitioner's) Notice of Filing Proposed Recommended Order filed.
PDF:
Date: 07/16/2015
Proceedings: Respondent's Proposed Recommended Order filed.
PDF:
Date: 07/15/2015
Proceedings: Order Granting Extension of Time.
PDF:
Date: 07/15/2015
Proceedings: Petitioner's Unopposed Motion for Extension of Time to File Proposed Recommended Order filed.
PDF:
Date: 07/02/2015
Proceedings: Joint Exhibits (not available for viewing) filed.
Date: 07/01/2015
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 06/30/2015
Proceedings: Amended Joint Prehearing Stipulation filed.
PDF:
Date: 06/29/2015
Proceedings: Joint Prehearing Stipulation filed.
PDF:
Date: 06/29/2015
Proceedings: Petitioner's Request for Judicial Notice (with attachments) filed.
PDF:
Date: 06/29/2015
Proceedings: Petitioner's Request for Judicial Notice filed.
PDF:
Date: 06/24/2015
Proceedings: HTG Wellington Family, LLC's Second Motion for Judicial Notice filed.
PDF:
Date: 06/23/2015
Proceedings: (Petitioner's) Notice of Voluntary Dismissal filed.
PDF:
Date: 06/23/2015
Proceedings: HTG Wellington Family, LLC's Cross Notice of Taking Telephonic Deposition (of George Romangnoli) filed.
PDF:
Date: 06/23/2015
Proceedings: HTG Wellington Family, LLC's Cross Notice of Taking Telephonic Deposition (of Dennis Hernandez) filed.
PDF:
Date: 06/23/2015
Proceedings: Notice of Taking Telephonic Deposition (of Denise Hernandez) filed.
PDF:
Date: 06/23/2015
Proceedings: Notice of Taking Telephonic Deposition (of George Romagnoli) filed.
PDF:
Date: 06/23/2015
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for June 25, 2015; 10:30 a.m.).
PDF:
Date: 06/23/2015
Proceedings: HTG Wellington Family, LLC's Notice of Service of Responses to Second Set of Interrogatories Propounded by Capital Grove Limited Partnership filed.
PDF:
Date: 06/22/2015
Proceedings: HTG Wellington Family, LLC's Response to Capital Grove Limited Partnership Third Request for Admissions filed.
PDF:
Date: 06/19/2015
Proceedings: HTG Wellington Family, LLC's Motion for Judicial Notice filed.
PDF:
Date: 06/18/2015
Proceedings: HTG Wellington Family, LLC's Motion to Compel Responses to First Set of Interrogatories to Woodland Lake Family Apartments Limited Partnership, and Beneficial Communities, Inc. filed.
PDF:
Date: 06/17/2015
Proceedings: Notice of Taking Telephonic Deposition (of Kathleen Speirs) filed.
PDF:
Date: 06/17/2015
Proceedings: HTG Wellington Family, LLC's Responses to Capital Grove Limited Partnership's Second Request for Admissions filed.
PDF:
Date: 06/16/2015
Proceedings: Capital Grove Limited Partnerships Third Request for Admissions to HTG Wellington Family, LLC filed.
PDF:
Date: 06/15/2015
Proceedings: Capital Grove Limited Partnership Notice of Service of Second Set of Interrogatories to Intervenor HTG Wellington Family, LLC filed.
PDF:
Date: 06/12/2015
Proceedings: Capital Grove Limited Partnership's Second Request for Admissions to HTG Wellington Family, LLC filed.
PDF:
Date: 06/11/2015
Proceedings: HTG Wellington Family LLC's Motion to Deem Second Requests for Admissions to Woodland Lake Family Apartments Limited Partnership and Beneficial Communities, Admitted filed.
PDF:
Date: 06/09/2015
Proceedings: Order Re-scheduling Hearing (hearing set for July 1, 2015; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 06/09/2015
Proceedings: HTG Wellington Family, LLC's Motion to Deem First Requests for Admissions to Woodland Lake Family Apartments Limited Partnership and Beneficial Communities, Inc., Admitted filed.
PDF:
Date: 06/08/2015
Proceedings: (Petitioner's) Motion for Renotice of Hearing filed.
PDF:
Date: 06/03/2015
Proceedings: HTG Wellington Family LLC's Second Request for Admissions to Woodland Lake Family Apartments Limited Partnership and Beneficial Communities, Inc. filed.
PDF:
Date: 06/02/2015
Proceedings: HTG Wellington Family LLC's Response to Capital Grove Limited Partnership's Amended First Request for Admission filed.
PDF:
Date: 05/22/2015
Proceedings: Order Granting Continuance (parties to advise status by June 22, 2015).
PDF:
Date: 05/22/2015
Proceedings: Joint Motion to Continue Final Hearing filed.
PDF:
Date: 05/21/2015
Proceedings: Capital Grove Limited Partnership Notice of Serving Verified Responses to Intervenor HTG Wellington Family, LLC filed.
PDF:
Date: 05/20/2015
Proceedings: HTG Wellington Family, LLC's Notice of Service of Responses to Interrogatories Propounded by Capital Grove Limited Partnership filed.
PDF:
Date: 05/19/2015
Proceedings: Respondent's Response to HTG Wellington Family LLC?s First Request for Admissions filed.
PDF:
Date: 05/19/2015
Proceedings: Amended Capital Grove Limited Partnership's First Request for Admissions to HTG Wellington Family, LLC filed.
PDF:
Date: 05/15/2015
Proceedings: Capital Grove Limited Partnership Notice of Service of First Set of Interrogatories to Intervenor HTG Wellington Family, LLC filed.
PDF:
Date: 05/15/2015
Proceedings: HTG Wellington Family, LLC's First Request for Admissions to Woodland Lake Family Apartments Limited Partnership and Beneficial Communities, Inc. filed.
PDF:
Date: 05/15/2015
Proceedings: HTG Wellington Family, LLC's Notice of Service of First Set of Interrogatories to Petitioner, Woodland Lake Apartments Limited Partnership and Beneficial Communities, Inc. filed.
PDF:
Date: 05/15/2015
Proceedings: Amended Formal Written Protest and Petition for Administrative Hearing filed.
PDF:
Date: 05/15/2015
Proceedings: Capital Grove Limited Partnership's First Request for Admissions to HTG Wellington Family, LLC filed.
PDF:
Date: 05/14/2015
Proceedings: Order Granting Motion to Leave to Amend Formal Written Protest and Petition for Administrative Proceeding Complaint
PDF:
Date: 05/13/2015
Proceedings: HTG Wellington Family, LLC's Notice of Service of First Set of Interrogatories to Petitioner, Capital Grove Limited Partnership filed.
PDF:
Date: 05/13/2015
Proceedings: (Petitioner's) Motion for Leave to Amend Formal Written Protest and Petition for Administrative Proceeding filed.
PDF:
Date: 05/13/2015
Proceedings: Capital Grove Limited Partnership's Response to HTG Wellington Family, LLC's First Request for Admissions filed.
PDF:
Date: 05/12/2015
Proceedings: HTG Wellington Family, LLC's First Request for Admissions to Florida Housing Finance Corporation filed.
PDF:
Date: 05/07/2015
Proceedings: Notice of Hearing (hearing set for June 1 and 2, 2015; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 05/07/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 05/06/2015
Proceedings: HTG Wellington's First Request For Admissions to Capital Grove Limited Partnership filed.
PDF:
Date: 05/06/2015
Proceedings: Order of Consolidation (DOAH Case Nos. 15-2386BID and 15-2387BID).
PDF:
Date: 04/28/2015
Proceedings: Notice of All Bidders on RFA 2014-114 filed.
PDF:
Date: 04/28/2015
Proceedings: Agency referral filed.
PDF:
Date: 04/28/2015
Proceedings: Notice of Appearance (Maureen Daughton) filed.
PDF:
Date: 04/28/2015
Proceedings: Formal Written Protest and Petition for Administrative Hearing filed.

Case Information

Judge:
JAMES H. PETERSON, III
Date Filed:
04/28/2015
Date Assignment:
04/29/2015
Last Docket Entry:
08/07/2015
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
Suffix:
BID
 

Counsels

Related Florida Statute(s) (6):