STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WORTHWHILE DEVELOPMENT III, LTD., )

)

Petitioner, )

)

vs. ) Case No. 99-1518

)

FLORIDA HOUSING FINANCE )

CORPORATION, )

)

Respondent. )

)

RECOMMENDED ORDER

This cause is before the Division of Administrative Hearings by Daniel M. Kilbride, Administrative Law Judge, on the Motion for Summary Recommended Order filed by Petitioner, Worthwhile Development III, Ltd. ("Worthwhile"), and, having considered said Motion, the agreement of Florida Housing Finance Corporation ("FHFC"), the Joint Stipulation of Facts filed by the parties, and being otherwise fully advised in the premises, the following Recommended Order is hereby entered.

FINDINGS OF FACT

1. FHFC administers the Multifamily Mortgage Revenue Bond Program (Bond Program) as set forth in Chapter 420, Part V, Florida Statutes, and related administrative rules.

2. Worthwhile timely filed an application in the 1999 Bond Program cycle which was assigned number 99-040 to finance a development called Heritage Apartments in Collier County, Florida.

3. FHFC initially deemed said application to be incomplete for the reasons set forth in a letter dated February 4, 1999.

4. Worthwhile timely filed a Petition for Formal Hearing challenging FHFC's determination that application number 99-040 was incomplete, which Petition was referred to the Division of Administrative Hearings (DOAH) and assigned Case No. 99-1518.

5. Upon further review by FHFC and in consideration of the deposition testimony of FHFC representatives in this cause, the parties stipulate and agree that:

   1. Worthwhile's application number 99-040 was not incomplete as initially determined by FHFC;

   2. Worthwhile's application number 99-040 is complete and must now be further processed pursuant to appropriate rules and procedures; and

   3. If it qualifies after further processing, application number 99-040 is to be funded with the next uncommitted bond proceeds made available to FHFC for allocation.

      CONCLUSIONS OF LAW

      
      

6. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, this proceeding pursuant to Sections 120.569 and 120.57, Florida Statutes.

7. The Florida Housing Finance Corporation was created by the Legislature to assist in the alleviation of a shortage of

   multifamily rental housing in the State of Florida. In an effort to create inducements and opportunities for private and public investment in developing, operating and maintaining such housing, the Florida Housing multifamily mortgage revenue bond program was created. Chapter 420, Part V, Florida Statutes, and Chapter

   67-21, Florida Administrative Code.

   
   

8. Pursuant to said statute and rules, Petitioner filed an application to finance a development called Heritage Apartments in Collier County, Florida, early in 1999. Said application was assigned number 99-040 by the Respondent. Rule 67-21.003, Florida Administrative Code.

9. Based on Worthwhile's Petition for Formal Hearing and the stipulated facts, it is concluded that:

   1. Worthwhile's application number 99-040 was not incomplete as initially determined by FHFC;

   2. Worthwhile's application number 99-040 is complete and must now be further processed pursuant to appropriate rules and procedures; and

   3. If it qualifies after further processing, application number 99-040 is to be funded with the next uncommitted bond proceeds made available to FHFC for allocation.

      RECOMMENDATION

      
      

      Based upon the foregoing, it is hereby

      
      

      RECOMMENDED that FHFC enter a Final Order which finds and concludes that:

      1. Worthwhile's application number 99-040 was not incomplete as initially determined by FHFC;

      2. Worthwhile's application number 99-040 is complete and must now be further processed pursuant to appropriate rules and procedures; and

      3. If it qualifies after further processing, application number 99-040 is to be funded with the next uncommitted bond proceeds made available to FHFC for allocation.

DONE AND ENTERED this 8th day of October, 1999, in Tallahassee, Leon County, Florida.

DANIEL M. KILBRIDE

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 8th day of October, 1999.

COPIES FURNISHED:

James C. Hauser, Esquire Skelding, Labasky, Corry, Hauser,

Jolly & Metz, P.A.

318 North Monroe Street Tallahassee, Florida 32301

David A. Barrett, Esquire Barrett & Pelham, P.A. Post Office Box 930

Tallahassee, Florida 32302-0930

Brad Baker, Executive Director Florida Housing Finance Corporation

227 North Bronough Street, Suite 5000 Tallahassee, Florida 32399-1329

Stephen M. Donelan, General Counsel Florida Housing Finance Corporation

227 North Bronough Street, Suite 5000 Tallahassee, Florida 32399-1329

Michael J. Glazer, Esquire Ausley & McMullen

227 South Calhoun Street Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 99-001518

Orders for Case No: 99-001518