18-000485BID Liberty Square Phase Two, Llc vs. Florida Housing Finance Corporation
 Status: Closed
Recommended Order on Thursday, April 19, 2018.


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Summary: Petitioner failed to prove that Florida Housing's intended award of funding to Intervenor was erroneous, contrary to competition, arbitrary or capricious. Florida Housing was authorized to waive an error as a "Minor Irregularity."

1FINAL ORDER

3This cause came before the Board ofDirectors of the Florida Housing Finance

15Corporation ("Board") for consideration and final agency action on May 4, 2018.

29All Petitioners in these consolidated cases were Applicants under Request for

40Applications 2017-108 SAIL Financing of Affordable Multifamily Housing

48Developments To Be Used In Conjunction With Tax-Exempt Bond Financing And

59Non-Competitive Housing Credits (the "RF A"). The matter for consideration before

71this Board is a Recommended Order pursuant to §§120.57(1) and (3)(e), Fla. Stat.,

84and Rule 67-60.009(3)(b), Fla. Admin. Code.

90On August 31, 2017, Respondent Florida Housing Finance Corporation

99("Florida Housing" or "Respondent") issued the RF A which solicited applications

112to compete for an allocation of State Apartment Incentive Loan ("SAIL") program

126funds, Multifamily Mortgage Revenue Bonds, and non-competitive housing credit

135financing for the construction of affordable housing developments. On December

1458, 2017, Florida Housing posted notice of its intended decision to award funding to

15916 Applicants including Intervenors SP Lake, LLC ("SP Lake"), Sierra Bay

172Apartments, LTD ("Sierra Bay"), and Woodland Grove Apartments, LLC

183("Woodland Grove"). Petitioners HTG Osprey Pointe, LLC ("Osprey Pointe"),

196Northside Property II, LTD ("Northside II") and Liberty Square Phase Two, LLC

210("Liberty Square") were determined to be eligible but were not selected for funding.

225Petitioners timely filed notices of intent to protest followed by formal written

237protests pursuant to §120.57(3), Fla. Stat. (2016). After a review of the Petitions,

250Florida Housing determined that disputed issues of material fact existed, and referred

262the case to the Division of Administrative Hearings ("DOAH"). A formal hearing

276took place on February 28, 2018 in Tallahassee, Florida, before the Honorable

288Administrative Law Judge J. Bruce Culpepper ("ALJ"). Petitioners, Respondent,

299and Intervenors timely filed Proposed Recommended Orders.

306After consideration of the evidence and arguments presented at hearing, and

317the Proposed Recommended Orders, the ALJ issued a Recommended Order on April

32919, 2018. A true and correct copy of the Recommended Order is attached hereto as

"344Exhibit A." The ALJ therein recommended that Florida Housing issue a Final

356Order dismissing the protest by Liberty Square. Additionally, it recommended

366rescinding the preliminary awards to Sierra Bay and SP Lake, and designating

378Northside II, HTG Osprey, and Pembroke Tower Apartments as recipients of

389funding under RF A 2017-108. No Exceptions to the Recommended Order were

401filed.

402RULING ON THE RECOMMENDED ORDER

4071. The Findings of Fact set out in the Recommended Order are supported

420by competent substantial evidence.

4242. The Conclusions of Law of the Recommended Order are reasonable

435and supported by competent, substantial evidence.

441ORDER

442In accordance with the foregoing, it is hereby ORDERED:

4513. The Findings of Fact of the Recommended Order are adopted as

463Florida Housing's Findings ofF act and incorporated by reference as though fully set

476forth in this Order.

4804. The Conclusions of Law in the Recommended Order are adopted as

492Florida Housing's Conclusions ofLaw and incorporated by reference as though fully

503set forth in this Order.

5085. The Recommendation of the Recommended Order is adopted.

517IT IS HEREBY ORDERED that a) the preliminary awards to Sierra Bay

529(Application 2018-023BS), SP Lake (Application 2018-042BS), and Harbour

537Springs (Application #2018-048BS) are rescinded; and b) Northside II (Application

5472018-047BS), Osprey Pointe (Application 2018-0SOBS), and Pembroke Tower

555Apartments (Application #2018-040BS) are awarded funding.

561DONE and ORDERED this 4th day ofMay, 2018.

569FLORIDA HOUSING FINANCE

572CORPORATION

573c .

575Copies furnished to:

578Hugh R. Brown

581General Counsel

583Betty Zachem

585Assistant General Counsel

588Florida Housing Finance Corporation

592227 North Bronough Street, Suite 5000

598Tallahassee, Florida 32301-1329

601Maureen M. Daughton, Esq.

605Counsel for HTG Osprey Pointe, LLC

611Maureen McCarthy Daughton, LLC

615172 Capital Circle NE, Suite 304

621Tallahassee, Florida 32308

624mdaughton@mmd -lawfirm.com

626Donna Blanton, Esq.

629Counsel for Northside Property II, Ltd.

635Radey Law Firm

638301 South Bronough, Suite 200

643Tallahassee, Florida 32301

646dblanton @radey law.com

649Michael P. Donaldson, Esq.

653Counsel for Liberty Square Phase Two, LLC

660Carlton, Fields Jorden Burt, P.A.

665Post Office Drawer 190

669215 S. Monroe St., Suite 500

675Tallahassee, Florida 32302

678mdonaldson @car ltonfields.com

681Alvin Lodish, Esq.

684Counsel for Liberty Square Phase Two, LLC

691Duane Morris LLP

694200 South Biscayne Boulevard

698Miami, Florida 33131

701a lodish@duanemorris. com

704Michael J. Glazer, Esq.

708Anthony L. Bajoczky, Jr., Esq.

713Counsel for Sierra Bay Apartments, Ltd.

719Ausley McMullen

721Post Office Box 391

725Tallahassee, Florida 32301

728mglazer@ausley.com

729t b ajoczky@ausley . com

734Thomas P. Crapps, Esq.

738Kirsten Matthis, Esq.

741Timothy G. Schoenwalder, Esq.

745Counsel for Woodland Grove Apartments, LLC and Harbour Springs, LLC

755MeenanP.A.

756300 S. Duval Street, Suite 410

762Tallahassee, Florida 32301

765tom@meenanlawfirm.com

766TTS@meenanlawfirm.com

767Kirsten@meenan l awfinn.com

770Lawrence E. Sellers, Jr., Esq.

775Tiffany A. Roddenberry, Esq.

779Counsel for SP Lake, LLC

784Holland & Knight LLP

788315 S. Calhoun St., Suite 600

794Tallahassee, Florida 32301

797Lany.sel l ers@hklaw.com

800Tiffany.roddenberry@hklaw.com

801NOTICE OF RIGHT TO JUDICIAL REVIEW

807A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER

817IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68,

826FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE

834FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS

841ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL

852WITH THE AGENCY CLERK OF THE FLORIDA HOUSING FINANCE

861CORPORATION, 227 NORTH BRONOUGH STREET, SUITE 5000,

868TALLAHASSEE, FLORIDA 32301-1329, AND A SECOND COPY,

875ACCOMPANIED BY THE FILING FEES PRESCRIBED BYLAW, WITH THE

884DISTRICT COURT OF APPEAL, FIRST DISTRICT, 2000 DRAYTON DRIVE,

893TALLAHASSEE, FLORIDA 32399-0950, OR IN THE DISTRICT COURT OF

902APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES.

911THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF

923RENDITION OF THE ORDER TO BE REVIEWED.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 01/10/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 01/10/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 01/10/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 05/04/2018
Proceedings: Agency Final Order
PDF:
Date: 05/04/2018
Proceedings: Agency Final Order
PDF:
Date: 05/04/2018
Proceedings: Agency Final Order
PDF:
Date: 04/19/2018
Proceedings: Recommended Order
PDF:
Date: 04/19/2018
Proceedings: Recommended Order (hearing held February 28, 2018). CASE CLOSED.
PDF:
Date: 04/19/2018
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 03/22/2018
Proceedings: SPP Lake LLC?s Notice of Joinder in Proposed Recommended Order of Florida Housing Finance Corporation filed.
PDF:
Date: 03/21/2018
Proceedings: Notice of Joinder in Proposed Recommended Order of Florida Housing Finance Corporation filed.
PDF:
Date: 03/21/2018
Proceedings: Northside Property II, Ltd.'s Notice of Joinder in Proposed Recommended Order of Florida Housing Finance Corporation filed.
PDF:
Date: 03/21/2018
Proceedings: (Proposed) Recommended Order filed.
PDF:
Date: 03/21/2018
Proceedings: (Proposed) Recommended Order filed.
PDF:
Date: 03/21/2018
Proceedings: Petitioner Liberty Square Phase Two, LLC's Notice of Filing Proposed Recommended Order filed.
PDF:
Date: 03/21/2018
Proceedings: (Proposed) Recommended Order (filed in Case No. 18-000485BID).
PDF:
Date: 03/16/2018
Proceedings: Order Granting Extension of Time.
PDF:
Date: 03/14/2018
Proceedings: Petitioner's Motion for Extension of Time to File Proposed Recommended Orders (filed in Case No. 18-000485BID).
Date: 03/07/2018
Proceedings: Transcript of Proceedings (not available for viewing) filed.
Date: 02/28/2018
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 02/27/2018
Proceedings: Order Severing Case and Closing DOAH Case No. 18-0483BID.
PDF:
Date: 02/27/2018
Proceedings: Woodland Grove's Amended Witness and Exhibit List in Joint Pretrial Stipulation (filed in Case No. 18-000485BID).
PDF:
Date: 02/27/2018
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 02/21/2018
Proceedings: Petitioners' Notice of Voluntary Dismissal in Case No.18-0483BID (filed in Case No. 18-000483BID).
PDF:
Date: 02/21/2018
Proceedings: Amended Order Severing Case and Closing DOAH Case No. 18-0476BID.
PDF:
Date: 02/21/2018
Proceedings: Order Severing Case and Closing DOAH Case No. 18-0476BID.
PDF:
Date: 02/20/2018
Proceedings: Woodland Grove Apartments, LLC Amended Notice of Deposition (filed in Case No. 18-000485BID).
PDF:
Date: 02/20/2018
Proceedings: Notice of Taking Deposition Duces Tecum via Video Conference of Heather Green filed.
PDF:
Date: 02/16/2018
Proceedings: Woodland Grove Apartments, LLC Notice of Deposition (filed in Case No. 18-000485BID).
PDF:
Date: 02/16/2018
Proceedings: Notice of Voluntary Dismissal filed.
PDF:
Date: 02/15/2018
Proceedings: Notice of Appearance (Kirsten Matthis; filed in Case No. 18-000485BID).
PDF:
Date: 02/13/2018
Proceedings: Notice of Service of Springhill Apartments', First Set of Interrogatories to SP West LLC and Southport Development, Inc. d/b/a Southport Development Services, Inc. filed.
PDF:
Date: 02/13/2018
Proceedings: Notice of Appearance (Alvin Lodish) (filed in Case No. 18-000485BID).
PDF:
Date: 02/09/2018
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 02/09/2018
Proceedings: Notice of Hearing (hearing set for February 28 through March 2, 2018; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 02/07/2018
Proceedings: Order of Consolidation (DOAH Case Nos. 18-0476BID, 18-0479BID, 18-0483BID, 18-0484BID, and 18-0485BID).
PDF:
Date: 02/06/2018
Proceedings: Notice of Appearance by Harbour Springs, LLC, as a Named Party filed.
Date: 02/02/2018
Proceedings: CASE STATUS: Status Conference Held.
PDF:
Date: 02/01/2018
Proceedings: Notice of Telephonic Pre-hearing Conference (set for February 2, 2018; 3:00 p.m.).
PDF:
Date: 01/30/2018
Proceedings: Notice of Appearance (Betty Zachem) filed.
PDF:
Date: 01/29/2018
Proceedings: Motion to Consolidate Cases filed.
PDF:
Date: 01/29/2018
Proceedings: Notice of Appearance (Thomas Crapps).
PDF:
Date: 01/29/2018
Proceedings: Notice to All Bidders on RFA 2017-108 filed.
PDF:
Date: 01/29/2018
Proceedings: Formal Written Protest and Petition for Administrative Hearing filed.
PDF:
Date: 01/29/2018
Proceedings: Agency referral filed.

Case Information

Judge:
J. BRUCE CULPEPPER
Date Filed:
01/29/2018
Date Assignment:
01/30/2018
Last Docket Entry:
01/10/2019
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
Suffix:
BID
 

Counsels

Related Florida Statute(s) (8):

Related Florida Rule(s) (1):