15-003304BID Pinnacle Heights, Llc vs. Florida Housing Finance Corporation
 Status: Closed
Recommended Order on Monday, August 31, 2015.


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Summary: Petitioner established that Intervenor's application was incorrectly scored by agency; tax credits for affordable housing awarded to Petitioner rather than Intervenor.

1STATE OF FLORIDA

4FLORIDA HOUSING FINANCE CORPORATION

8PINNACLE HEIGHTS, LLC,

11Petitioner, DOAH Case No.: 15- 3304BID

17v. FHFC Case No.: 2015 -025BP

23FLORIDA HOUSING FINANCE CORPORATION,

27Respondent,

28and

29RIO AT FLAGLER, LP,

33Intervenor.

34FINAL ORDER

36This cause came before the Board of Directors of the Florida Housing Finance

49Corporation ( "Board ") for consideration and final agency action on September 18,

622015. The matter for consideration before this Board is a Recommended Order

74pursuant to §120.57(1) and (3), Fla. Stat. (2014). After a review of the record and

89being otherwise fully advised in these proceedings, this Board finds:

991. Petitioner and Intervenor submitted applications to Florida Housing

108seeking allocations for low- income tax credits pursuant to RFA 2014 -116. The

121Board announced its intention to fund certain projects on May 8, 2015.

1332. Petitioner Pinnacle Heights, LLC, ( "Pinnacle Heights "), timely filed a

145challenge to proposed funding awards pursuant to § 120.57(3), Fla. Stat. (2014). Rio

158FILED WITH THE CLERK OF THE FLORIDA

165HOUSING FINAICE CORPORATION

168e __;fR

171at Flagler, LP ( "Rio "), entered the case as an Intervenor in accordance with Fla.

187Admin. Code R. 28- 106.205(3). A formal hearing was conducted pursuant to

199§ §120.569 and 120.57(3), Fla. Stat. (2014), before D. R. Alexander, Administrative

211Law Judge, at the Division of Administrative Hearings in Tallahassee, Florida, on

223August 6, 2015.

2263. The issue for determination was whether Respondent's intended

235decision to award low- income housing tax credits to Rio, was contrary to governing

249statutes, Florida Housing's rules, or the solicitation specifications. Following the

259hearing, Pinnacle Heights, Florida Housing, and Rio timely filed Proposed

269Recommended Orders.

2714. After a review of the record and the Proposed Recommended Orders,

283the Administrative Law Judge issued a Recommended Order on August 31, 2015,

295which found that Florida Housing's proposed scoring of Rio' s application was

307clearly erroneous, contrary to competition, arbitrary or capricious, and

316recommended that Florida Housing enter a Final Order finding Rio's application

327ineligible and selecting Pinnacle Heights' application for funding. A true and correct

339copy of the Recommended Order is attached hereto as "Exhibit A."

3505. On September 8, 2015, Rio filed "Rio at Flagler LP's Exceptions to

363Recommended Order," challenging four Findings of Fact and Conclusions of Law

374of the Recommended Order. Respondent Florida Housing filed its Response to Rio

386at Flagler, LP's Exceptions to Recommended Order on September 11, 2015.

397Petitioner Pinnacle Heights did not file a separate response. By agreement of the

410parties, both filings were deemed timely.

416RULING ON EXCEPTIONS

4196. Based on a review of the record and the arguments presented by the

433Parties, the Board grants Rio's Exception 1 to Finding of Fact 12 regarding Rio's

447representation of which qualifying routes were served by the selected bus stop.

4597. Based on a review of the record and the arguments presented by the

473Parties, the Board specifically rejects Rio's enumerated Exceptions 2 -4 for the

485reasons set forth in the Recommended Order and the Response filed by Florida

498Housing.

499RULING ON THE RECOMMENDED ORDER

5048. The Findings of Fact set out in the Recommended Order are supported

517by competent substantial evidence.

5219. Finding of Fact 12 contains a scrivener's error and is accordingly

533amended below.

53510. The Conclusions of Law of the Recommended Order are accepted

546without changes.

548ORDER

549In accordance with the foregoing, it is hereby ORDERED:

55811. The Findings of Fact 1 -11 and 13 -16 of the Recommended Order are

573adopted as Florida Housing's Findings of Fact and incorporated by reference as

585though fully set forth in this Order.

59212. In Finding of Fact 12, the language "Route 6 (Coconut Grove)" should

605be replaced with "Route 11 (Mall of Americas) ".

61413. As amended above, Finding of Fact 12 is adopted as Florida Housing's

627Finding of Fact and incorporated by reference as though fully set forth in this Order.

64214. The Conclusions of Law of the Recommended Order are adopted as

654Florida Housing's Conclusions of Law and incorporated by reference as though fully

666set forth in this Order.

67115. The Recommendation of the Recommended Order is adopted.

680IT IS HEREBY ORDERED that Rio' s application is ineligible for funding

692and that Pinnacle Height's application is selected for funding under RFA 2014 -116.

705DONE and ORDERED this 18th day of September, 2015.

714FLORIDA HOUSING FINANCE

717CORPORATION

718B

719Copies to:

721Hugh R. Brown

724General Counsel

726Florida Housing Finance Corporation

730227 North Bronough Street, Suite 5000

736Tallahassee, FL 32301

739Ken Reecy, Director of Multifamily Housing Programs

746Florida Housing Finance Corporation

750227 North Bronough Street, Suite 5000

756Tallahassee, FL 32301

759Michael P. Donaldson, Esquire

763Carlton Fields Jorden Burt, PA

768215 South Monroe Street, Suite 500

774Tallahassee, FL 32301

777J. Stephen Menton, Esquire

781Rutledge Ecenia, P.A.

784119 South Monroe Street, Suite 202

790Tallahassee, FL 32301

793Gary J. Cohen, Esquire

797Shutts and Bowen, LLP

801201 South Biscayne Boulevard

8051500 Miami Center

808Miami, FL 33131

811NOTICE OF RIGHT TO JUDICIAL REVIEW

817A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER

827IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68,

836FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY

843THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH

850PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A

859NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE FLORIDA

869HOUSING FINANCE CORPORATION, 227 NORTH BRONOUGH

875STREET, SUITE 5000, TALLAHASSEE, FLORIDA 32301 -1329, AND A

884SECOND COPY, ACCOMPANIED BY THE FILING FEES PRESCRIBED

892BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT,

902300 MARTIN LUTHER KING, JR., BLVD., TALLAHASSEE, FLORIDA

91032399 -1850, OR IN THE DISTRICT COURT OF APPEAL IN THE

921APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE

929OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF

939RENDITION OF THE ORDER TO BE REVIEWED.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 09/21/2015
Proceedings: Agency Final Order
PDF:
Date: 09/21/2015
Proceedings: (Agency) Final Order filed.
PDF:
Date: 08/31/2015
Proceedings: Recommended Order
PDF:
Date: 08/31/2015
Proceedings: Recommended Order (hearing held August 6, 2015). CASE CLOSED.
PDF:
Date: 08/31/2015
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 08/24/2015
Proceedings: Respondent's Notice of Scriveners' Errors in Respondent's Proposed Recommended Order filed.
PDF:
Date: 08/21/2015
Proceedings: (Intervenor, Rio at Flagler, PP's) Proposed Recommended Order filed.
PDF:
Date: 08/21/2015
Proceedings: Notice of Filing (Intervenor Rio at Flagler, LP's) Proposed Recommended Order filed.
PDF:
Date: 08/21/2015
Proceedings: Pinnacle Heights, LLC's Notice of Filing Proposed Recommended Order filed.
PDF:
Date: 08/21/2015
Proceedings: Respondent's Proposed Recommended Order filed.
Date: 08/11/2015
Proceedings: Transcript of Proceedings (not available for viewing) filed.
Date: 08/06/2015
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 08/05/2015
Proceedings: Joint Prehearing Stipulation filed.
PDF:
Date: 08/04/2015
Proceedings: Notice of Taking Deposition Duces Tecum (Elena Adames) filed.
PDF:
Date: 08/03/2015
Proceedings: Florida Housing Finance Corporation's Notice of Service of Response to Rio at Flagler, LP's First Request for Admissions to Florida Housing Finance Corporation filed.
PDF:
Date: 07/30/2015
Proceedings: Notice of Taking Depositions (of Nancy Muller and Steve Auger) filed.
PDF:
Date: 07/29/2015
Proceedings: Rio at Flagler, LP's First Request for Admissions to Florida Housing Finance Corporation filed.
PDF:
Date: 07/27/2015
Proceedings: Pinnacle Heights, LLC's Notice of Service of Responses to Rio at Flagler, LP's First Set of Interrogatories filed.
PDF:
Date: 07/22/2015
Proceedings: Rio at Flagler, LP's Notice of Service of First Set of Interrogatories to Petitioner Pinnacle Heights, LLC filed.
PDF:
Date: 07/20/2015
Proceedings: Flagler at Rio, LP Response to Pinnacle Heights, LLC's First Request for Admissions filed.
PDF:
Date: 07/20/2015
Proceedings: Rio at Flagler, LP Notice of Serving Responses to Petitioner Pinnacle Heights, LLC's Second Set of Interrogatories filed.
PDF:
Date: 07/20/2015
Proceedings: Pinnacle Heights, LLC's Notice of Filing Exhibits filed.
PDF:
Date: 07/14/2015
Proceedings: Pinnacle Heights, LLC's Notice of Service of Second Interrogatories and First Request for Admissions to Rio at Flagler, LP filed.
PDF:
Date: 07/13/2015
Proceedings: Rio at Flagler, LP's Cross Notice of Taking Depositions Duces Tecum (of Gerald Bryan and Irene Hegedus) filed.
PDF:
Date: 07/10/2015
Proceedings: Rio at Flagler, LP's Notice of Serving Resonses to Petitioner Pinnacle Heights, LLC's First Set of Interrogatories filed.
PDF:
Date: 07/08/2015
Proceedings: Notice of Taking Deposition Duces Tecum (Gerald Bryan and Irene Hegedus) filed.
PDF:
Date: 07/07/2015
Proceedings: Notice of Hearing (hearing set for August 6, 2015; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 07/02/2015
Proceedings: (Joint) Motion for Renotice of Hearing filed.
PDF:
Date: 07/02/2015
Proceedings: Pinnacle Heights, LLC's Notice of Service of First Interrogatories to Rio at Flagler, LP filed.
PDF:
Date: 06/23/2015
Proceedings: Coral Bay Cove, LLC's Notice of Voluntary Dismissal and Withdrawal filed.
PDF:
Date: 06/17/2015
Proceedings: Order Granting Motion for Continuance (parties to advise status by July 2, 2015).
PDF:
Date: 06/17/2015
Proceedings: (Respondent's) Motion for Continuance filed.
PDF:
Date: 06/11/2015
Proceedings: Notice of Appearance (Betty Zachem) filed.
PDF:
Date: 06/11/2015
Proceedings: Notice of Appearance (Betty Zachem, filed in Case No. 15-003304BID).
PDF:
Date: 06/11/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/11/2015
Proceedings: Notice of Hearing (hearing set for July 1, 2015; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 06/11/2015
Proceedings: Order of Consolidation (DOAH Case Nos. 15-3303BID and 15-3304BID).
PDF:
Date: 06/10/2015
Proceedings: Notice of Appearance of a Specifically Named Party (Douglas Manson and Paria Shirzadi).
PDF:
Date: 06/09/2015
Proceedings: Notice of Appearance/Motion to Intervene (Rio at Flagler, LP) filed by Michael Donaldson.
PDF:
Date: 06/09/2015
Proceedings: Notice to All Bidders on RFA 2014-116 filed.
PDF:
Date: 06/09/2015
Proceedings: Notice of Appearance as Co-Counsel (filed by J. Stephen Menton).
PDF:
Date: 06/09/2015
Proceedings: Notice of Protest filed.
PDF:
Date: 06/09/2015
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 06/09/2015
Proceedings: Agency referral filed.

Case Information

Judge:
D. R. ALEXANDER
Date Filed:
06/09/2015
Date Assignment:
06/10/2015
Last Docket Entry:
09/21/2015
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
Suffix:
BID
 

Counsels

Related Florida Statute(s) (4):