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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

to raise issues against other challengers.

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

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

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

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

as it finds it.

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

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

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

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

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

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

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

and Channel Side.

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

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

a final order of dismissal.

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

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

fully set forth here.

IT IS THEREFORE ORDERED: The Petition ts DISMISSED with

prejudice.

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

Executive Director

Florida Housing Finance Corporation

227 North Bronough Street, Ste. 5000

Tallahassee, Florida 32301-1329

[phone]

Copies to:

Michael P. Donaldson, Esq.

Carlton Fields, Jorden Burt, P.A.

Attorney for Petitioner

215 S. Monroe St . , Suite 500

Tallahassee, Florida 32302

mdonaldson@carltonfields . com

Hugh Brown, Esq.

Florida Housing Finance Corporation

227 North Bronough Street, Ste. 5000

Tallahassee, FL 32301-1329

[e-mail]

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS ORDER IS

ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTIONS 120.569,

120.57, AND 120.68, FLORIDA STATUTES. SUCH PROCEEDINGS ARE

COMMENCED PURSUANT TO CHAPTER 67-52, FLORIDA

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

COPY OF A PETITION WITH THE AGENCY CLERK OF THE FLORIDA

HOUSING FINANCE CORPORATION, 227 NORTH BRONOUGH

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

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