18-002131BID Ocean Breeze East Apartments, Llc vs. Florida Housing Finance Corporation
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 17, 2018.


View Dockets  

14. The protests were referred to the Division of Administrative Hearings

12("DOAH"). The case was assigned to Administrative Law Judge ("ALJ") Hetal

27Desai and a hearing was scheduled for May 21, 2018.

375. Prior to hearing, Florida Housing filed a Motion to Dismiss Petitioner

49Ocean Breeze. Ocean Breeze filed a response to the motion.

596. In its motion to dismiss, Florida Housing argued that Ocean Breeze's

71petition failed to comply with Rule 28-106.201, Fla. Admin. Code, in that the

84petition does not allege any disputed issues of fact, does not allege that Florida

98Housing's proposed action should be reversed or modified, and does not state what

111relief is sought. Ocean Breeze filed its petition for the sole purpose of preserving its

126right to "raise issues concerning the eligibility of other Applications which

137responded to the RF A and may challenge the Ocean Breeze Application."

1497. In its response, Ocean Breeze agreed that its petition does not allege

162any disputed issues of fact, does not allege that Florida Housing's proposed action

175should be reversed or modified, and was filed for the purpose of preserving its right

190to raise issues against other challengers.

1968. In the Motion to Dismiss and the response, Florida Housing and Ocean

209Breeze raised the question of whether a specifically named party has the right to

223challenge deficiencies in the challenger's own application or whether a specifically

234Page 2 of 4

238named party is subject to the general restriction that an intervenor must take the case

253as it finds it.

2579. On May 17, 2018, the ALJ issued an Severing Cases and

269Relinquishing Jurisdiction Over Case 18-2131BID (the "Order"), attached as

279Exhibit "A". In her Order, ALJ Desai found that Ocean Breeze, as a specifically

294named party whose substantial interests are being determined in the proceeding, "can

306raise any issue that could be raised by a party, including eligibility and

319responsiveness issues against [Petitioners']." Pursuant to Section 120.52(13), Fla.

328Stat., Ocean Breeze had standing as a party in the challenges initiated by HTG Heron

343and Channel Side.

34610. ALJ Desai severed the Ocean Breeze protest from the HTG Heron and

359Channel Side protests and relinquished jurisdiction back to Florida Housing to enter

371a final order of dismissal.

37611. Ocean Breeze has no objection to the dismissal of its petition.

38812. F ' lorida Housing adopts and incorporates the attached Order as if it were

403fully set forth here.

407IT IS THEREFORE ORDERED: The Petition ts DISMISSED with

416prejudice.

417Page 3 of4

420Done this J.o!: day of July, 2018, in T al

430Executive Director

432Florida Housing Finance Corporation

436227 North Bronough Street, Ste. 5000

442Tallahassee, Florida 32301-1329

445(850) 488-4197

447Copies to:

449Michael P. Donaldson, Esq.

453Carlton Fields, Jorden Burt, P.A.

458Attorney for Petitioner

461215 S. Monroe St . , Suite 500

468Tallahassee, Florida 32302

471mdonaldson@carltonfields . com

474Hugh Brown, Esq.

477Florida Housing Finance Corporation

481227 North Bronough Street, Ste. 5000

487Tallahassee, FL 32301-1329

490Hugh.Brown@floridahousing.org

491NOTICE OF RIGHT TO JUDICIAL REVIEW

497A PARTY WHO IS ADVERSELY AFFECTED BY THIS ORDER IS

507ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTIONS 120.569,

515120.57, AND 120.68, FLORIDA STATUTES. SUCH PROCEEDINGS ARE

523COMMENCED PURSUANT TO CHAPTER 67-52, FLORIDA

529ADMINISTRATIVE CODE, BY FILING AN ORIGINAL AND ONE (1)

538COPY OF A PETITION WITH THE AGENCY CLERK OF THE FLORIDA

549HOUSING FINANCE CORPORATION, 227 NORTH BRONOUGH

555STREET, SUITE 5000, TALLAHASSEE, FLORIDA 32301-1329.

561Page 4 of4

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 01/10/2019
Proceedings: Agency Final Order Dismissing Petition filed.
PDF:
Date: 07/20/2018
Proceedings: Agency Final Order
PDF:
Date: 05/17/2018
Proceedings: Order Severing Cases and Relinquishing Jurisdiction Over Case 18-2131BID. CASE CLOSED.
PDF:
Date: 05/16/2018
Proceedings: Ocean Breeze East Apartments, LLC's Response to Florida Housing Finance Corporation's Motion to Dismiss (filed in Case No. 18-002131BID).
PDF:
Date: 05/15/2018
Proceedings: Ocean Breeze East Apartments, LLC's Notice of Serving Verified Responses to Petitioner HTG Heron Estates Family, LLC's First Set of Interrogatories filed.
PDF:
Date: 05/15/2018
Proceedings: Ocean Breeze East Apartments, LLC's Response to Channel Side Apartments, Ltd's First Request for Production filed.
PDF:
Date: 05/15/2018
Proceedings: Channel Side Apartments Ltd?s Notice of Service of (unsigned) Answers to HTG Heron Estates Family, LLC?s First Set of Interrogatories filed.
PDF:
Date: 05/15/2018
Proceedings: Channel Side Apartments Ltd?s Notice of Service of (unsigned) Answers to Ocean Breeze East Apartments, LLC?s First Set of Interrogatories filed.
PDF:
Date: 05/15/2018
Proceedings: Petitioner Channel Side Apartments Ltd.?s Response to Ocean Breeze East Apartments, LLC?s First Request for Admissions filed.
PDF:
Date: 05/15/2018
Proceedings: HTG Heron Estates Family, LLC's Motion for Official Recognition filed.
PDF:
Date: 05/15/2018
Proceedings: HTG Heron Estates Family Responses to Ocean Breeze East Apartments, LLC First Request for Admissions filed.
PDF:
Date: 05/15/2018
Proceedings: HTG Heron Estates Family, LLC's Notice of Service of Answers to First Set of Interrogatories to Channel Side Apartments, LTD. filed.
PDF:
Date: 05/10/2018
Proceedings: HTG Heron Estates Family, LLC's Notice of Service of First Set of Interrogatories to Ocean breeze East Apartments, LLC filed.
PDF:
Date: 05/10/2018
Proceedings: Notice of Taking Deposition of Corporate Representative of Florida Housing Finance Corporation filed.
PDF:
Date: 05/10/2018
Proceedings: Motion to Dismiss Petitioner Ocean Breeze East Apartments, LLC filed.
PDF:
Date: 05/10/2018
Proceedings: Ocean Breeze East Apartments, LLC's First Request for Admissions to HTG Heron Estates Family, LLC filed.
PDF:
Date: 05/10/2018
Proceedings: Ocean Breeze East Apartments, LLC's First Request for Admissions to Channel Side Apartments, Ltd filed.
PDF:
Date: 05/10/2018
Proceedings: Ocean Breeze East Apartments, LLC's Notice of Service of First Set of Interrogatories to Channel Side Apartments, Ltd filed.
PDF:
Date: 05/10/2018
Proceedings: Ocean Breeze East Apartments, LLC's Notice of Service of First Set of Interrogatories to HTG Heron Estates Family, LLC filed.
PDF:
Date: 05/09/2018
Proceedings: Channel Side Apartments, Ltd.'s First Request for Production of Documents to Ocean Breeze East Apartments, LLC filed.
PDF:
Date: 05/09/2018
Proceedings: Notice of Withdrawal of Response to Florida Housing Finance Corporation's Motion to Dismiss filed.
PDF:
Date: 05/09/2018
Proceedings: Ocean Breeze East Apartments, LLC's Response to Florida Housing Finance Corporation's Motion to Dismiss filed.
PDF:
Date: 05/09/2018
Proceedings: Ocean Breeze East Apartments, LLC's Response to Petitioner HTG Heron Estates Family, LLC's First Requests for Admission filed.
PDF:
Date: 05/04/2018
Proceedings: HTG Heron Estates Family, LLC's Notice of Service of First Set of Interrogatories to Channel Side Apartments, LTD. filed.
Date: 05/03/2018
Proceedings: CASE STATUS: Status Conference Held.
PDF:
Date: 05/03/2018
Proceedings: Notice of Appearance (filed in Case No. 18-002132BID).
PDF:
Date: 05/02/2018
Proceedings: Notice of Telephonic Status Conference (status conference set for May 3, 2018; 2:00 p.m.).
PDF:
Date: 05/01/2018
Proceedings: Petitioners First Request for Admissions to Intervenor Ocean Breeze East Apartments, LLC filed.
PDF:
Date: 05/01/2018
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 05/01/2018
Proceedings: Notice of Hearing (hearing set for May 21, 2018; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 05/01/2018
Proceedings: Order of Consolidation (DOAH Case Nos. 18-2130BID, 18-2131BID, and 18-2132BID).
PDF:
Date: 04/26/2018
Proceedings: Motion to Consolidate Cases filed.
PDF:
Date: 04/26/2018
Proceedings: Notice of Appearance (Betty Zachem).
PDF:
Date: 04/26/2018
Proceedings: Notice to All Bidders on RFA 2017-113 filed.
PDF:
Date: 04/26/2018
Proceedings: Formal Written Protest and Petition for Administrative Hearing filed.
PDF:
Date: 04/26/2018
Proceedings: Agency referral filed.

Case Information

Judge:
HETAL DESAI
Date Filed:
04/26/2018
Date Assignment:
05/01/2018
Last Docket Entry:
01/10/2019
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
BID
 

Counsels

Related Florida Statute(s) (3):

Related Florida Rule(s) (1):