17-002500BID Grande Park Limited Partnership vs. Florida Housing Finance Corporation
 Status: Closed
Recommended Order on Thursday, June 29, 2017.


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Summary: Petitioners failed to demonstrate that Florida Housing's decision to disqualify their applications was arbitrary, capricious, contrary to competition, or contrary to the agency's governing statutes, rules, or the terms of the RFA.

1Applications 2016-110: Housing Credit Financing for Affordable Housing

9Developments Located in Medium and Small Counties (the "RF A"). The matter for

23consideration before this Board is a Recommended Order pursuant to §§ 120.57(2)

35and (3)(e), Fla. Stat., and Rule 67-60.009(3)(b), Fla. Admin. Code, the Exceptions

47to the Recommended Order, and Responses thereto.

54On October 7, 2016, Florida Housing issued the RF A which solicited

66applications to compete for an allocation of Federal Low-Income Housing Tax

77Credit funding ("tax credits") for the construction of affordable housing

89developments. A modification to the RFA was issued on November 10, 2016. On

102December 2, 2016, Applications were submitted in response to the RF A by a number

117of Developers including Petitioners and Intervenors. On March 24, 2017, Florida

128Housing posted notice of its intended decision to award funding to 10 Applicants

141including Intervenor Hammock Ridge. Petitioners JPM Outlook and Grande Park

151were determined to be ineligible for funding.

158Petitioners timely filed notices of intent to protest followed by formal written

170protests pursuant to §120.57(3), Fla. Stat. (2016). After a review ofthe Petitions,

182Florida Housing determined that no disputes of material fact existed, and referred

194the cases to . the Division of Administrative Hearings (DOAH) for informal

206proceedings per its contract with Florida Housing to provide informal hearing

217officers. On May 1, 2017 the Administrative Law Judge acting as informal hearing

230officer consolidated the cases into this single action, and granted a motion to

243intervene from Hammock Ridge II, LLC.

249An informal hearing took place on May 15, 2017 in Tallahassee, Florida,

261before the Honorable Administrative Law Judge Lawrence P. Stevenson ("Hearing

272Officer"). Petitioners, Respondent and Intervenors timely filed Proposed

281Recommended Orders.

283After consideration of the evidence and arguments presented at hearing, and

294the Proposed Recommended Orders, the Hearing Officer issued a Recommended

304Order on June 29, 2017. A true and correct copy of the Recommended Order is

319attached hereto as "Exhibit A." The Hearing Officer therein recommended that

330Florida Housing issue a Final Order affirming Florida Housing's scoring and ranking

342decisions regarding all issues arid parties.

348On July 10, 2017 Petitioners filed Exceptions to Recommended Order,

358attached hereto as Exhibit B ("Exceptions"), objecting to the Conclusions of Law in

,373-r,-r 50-53, and to the Recommendation of the Recommended Order. On July 13,

3872017, Florida Housing and the Intervenors filed a Joint Response to Petitioners'

399Exceptions, attached hereto as "Exhibit C."

405RULING ON EXCEPTIONS

4081. Petitioners take exception to the Conclusions of Law set forth in ,-r,-r 50-

42353 of the Recommended Order, in which the Hearing Officer concluded that

435Petitioners had failed to carry their burden of showing that the errors in their petitions

450should have been waived as minor irregularities.

4572. The Board finds that it has substantive jurisdiction over the issues

469presented in ,-r,-r 50-53 of the Recommended Order.

4783. After a review of the record, the Board finds that the Conclusions of

492Law set forth in ,-r,-r 50-53 of the Recommended Order are reasonable and based upon

508competent, substantial evidence, and rejects Petitioners' Exception.

515RULING ON THE RECOMMENDED ORDER

5204. The Findings of Fact set out in the Recommended Order are supported

533by competent substantial evidence.

5375. The Conclusions of Law of the Recommended Order are reasonable

548and supported by competent, substantial evidence.

5546. Petitioners' Exceptions to the Recommended Order are rejected.

5637. The Recommendation of the Recommended Order is reasonable and

573supported by competent, substantial evidence.

578ORDER

579In accordance with the foregoing, it is hereby ORDERED:

5888. The Findings ofF act of the Recommended Order are adopted as Florida

601Housing's Findings of Fact and incorporated by reference as though fully set forth

614in this Order.

6179. The Conclusions of Law in the Recommended Order are adopted as

629Florida Housing's Conclusions of Law and incorporated by reference as though fully

641set forth in this Order.

646IT IS HEREBY ORDERED that Florida Housing's scoring and ranking of

657RF A 2016-110 is AFFIRMED is and the relief requested in the Petitions is

671DENIED.

672DONE and ORDERED this 28th day of July, 2017 .

682• FLORIDA HOUSING FINANCE

686CORPORATION

687Copies to:

689Michael Donaldson

691Florida Bar No. 0802761

695Carlton Fields, P.A.

698P.O. Drawer 190

701Tallahassee, Florida 32302

704Telephone: (850) 224-1585

707Facsimile: (850) 222-0398

710mdonaldson@carltonfields.com

711Maureen M. Daughton

714Maureen McCarthy Daughton, LLC

7181725 Capital Circle NE, Suite 304

724Tallahassee, Florida 32308

727mdaughton@mmd-lawfirm.com

728Hugh R. Brown, General Counsel

733Florida Housing Finance Corporation

737227 North Bronough Street, Suite 5000

743Tallahassee, Florida 32301

746Ken Reecy

748Director of Multifamily Programs

752Florida Housing Finance Corporation

756227 North Bronough Street, Suite 5000

762Tallahassee, Florida 32301

765NOTICE OF RIGHT TO JUDICIAL REVIEW

771A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL

780ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION

789120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE

795GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE.

803SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A

813NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE FLORIDA

823HOUSING FINANCE CORPORATION, 227 NORTH BRONOUGH

829STREET, SUITE 5000, TALLAHASSEE, FLORIDA 32301-1329, AND A

837SECOND COPY, ACCOMPANIED BY THE FILING FEES PRESCRIBED

845BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT,

8552000 DRAYTON DRIVE, TALLAHASSEE, FLORIDA 32399-0950, OR IN

863THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT

872WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE

882FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO

893BE REVIEWED.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 12/12/2017
Proceedings: Agency Final Order filed.
PDF:
Date: 07/28/2017
Proceedings: Agency Final Order
PDF:
Date: 06/29/2017
Proceedings: Recommended Order
PDF:
Date: 06/29/2017
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 06/29/2017
Proceedings: Recommended Order (hearing held May 15, 2017). CASE CLOSED.
PDF:
Date: 06/13/2017
Proceedings: Respondent's Proposed Recommended Order filed.
PDF:
Date: 06/13/2017
Proceedings: (Petitioner's Proposed) Recommended Order filed.
PDF:
Date: 06/13/2017
Proceedings: Petitioners' Notice of Filing Petitioner's Proposed Recommended Order filed.
PDF:
Date: 06/13/2017
Proceedings: Intervenor Hammock Ridge II, LLC's Proposed Recommended Order filed.
PDF:
Date: 06/12/2017
Proceedings: Order Granting Extension of Time.
PDF:
Date: 06/08/2017
Proceedings: Unopposed Motion for Extension of Time to File Proposed Recommended Orders filed.
Date: 06/01/2017
Proceedings: Transcript of Proceedings (not available for viewing) filed.
Date: 05/15/2017
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 05/11/2017
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 05/01/2017
Proceedings: Petitioners' JPM Outlook One Limited Partnership and Grande Park Limited Partnership Notice of Taking Deposition filed.
PDF:
Date: 05/01/2017
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 05/01/2017
Proceedings: Notice of Hearing (hearing set for May 15, 2017; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 05/01/2017
Proceedings: Order Granting Petition to Intervene.
PDF:
Date: 05/01/2017
Proceedings: Order of Consolidation (DOAH Case Nos. 17-2499BID and 17-2500BID).
PDF:
Date: 04/25/2017
Proceedings: HTG Hammock Ridge II, LLC's Petition for Leave to Intervene filed.
PDF:
Date: 04/25/2017
Proceedings: Notice of Appearance (Betty Zachem).
PDF:
Date: 04/25/2017
Proceedings: Notice to All Bidders on RFA 2016-110 filed.
PDF:
Date: 04/25/2017
Proceedings: Notice of Intent to Protest filed.
PDF:
Date: 04/25/2017
Proceedings: Formal Written Protest and Petition for Administrative Hearing filed.
PDF:
Date: 04/25/2017
Proceedings: Agency referral filed.

Case Information

Judge:
LAWRENCE P. STEVENSON
Date Filed:
04/25/2017
Date Assignment:
04/26/2017
Last Docket Entry:
12/12/2017
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
Suffix:
BID
 

Counsels

Related Florida Statute(s) (6):

Related Florida Rule(s) (1):