waiver of Rule 67-48.0072(17)(e) and (f), and 67-48.023(5) and (7) Florida Administrative Code from Delmar Terrace South, LLC to a. Allow the Surety, who is technically the General Contractor, to subcontract the duties ....
FLORIDA HOUSING FINANCE CORPORATION
RULE NOS.:RULE TITLES:
67-48.0072Credit Underwriting and Loan Procedures
67-48.023Housing Credits General Program Procedures and Requirements
NOTICE IS HEREBY GIVEN that on November 29, 2023, the Florida Housing Finance Corporation, received a petition for waiver of paragraphs 67-48.0072(17)(e) and (f), and subsections 67-48.023(5) and (7) Florida Administrative Code from Delmar Terrace South, LLC to a. Allow the Surety, who is technically the General Contractor, to subcontract the duties to manage and control the construction of the development to Whiting Tumer,
the Completing Contractor. b. Allow Whiting-Turner, as the Completing Contractor serving as a subcontractor to the Surety Company under the Takeover Agreement, to perform work for compensation that is in excess of twenty percent (20%) of the Construction Cost, and allow up to 26.3% of the Construction Cost. c. Utilize the Final Cost Certification Package, which includes a General Contractor Cost Certification. Due to the unique circumstances under which this development was completed, with an original General Contractor, then a Surety acting as a General
Contractor, utilizing a Completing Contractor as a subcontractor to the Surety, Petitioner is unable to provide a Cost Certification certified to by a single General Contractor. Lynx Construction, the original General Contractor, has not been cooperative in providing a certification that satisfies Florida Housing's requirements for work completed before its te1mination; and Whiting Turner, as the Completing Contractor, is unable to certify those costs incurred during the period of time Lynx was the General Contractor. Instead, Delmar Terrace, with guidance from Florida Housing staff, proposes the use of an Agreed Upon Procedures report to provide assurances as to the reasonableness of the costs incurred in the development of this housing.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Ana McGlamory, Corporation Clerk, Florida Housing Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, FL 32301-1329. The Petition has also been posted on Florida Housing’s website at floridahousing.org. Florida Housing will accept comments concerning the Petition for 14 days from the date of publication of this notice. To be considered, comments must be received on or before 5:00 p.m., Eastern Time, on the 14th day after publication of this notice at CorporationClerk@floridahousing.org or Florida Housing Finance Corporation, Attn: Corporation Clerk, 227 North Bronough Street, Suite 5000, Tallahassee, Florida 32301-1329.
