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AMERICAN RESIDENTIAL DEVELOPMENT, LLC, MADISON HIGHLANDS, LLC; AND PATRICK LAW vs FLORIDA HOUSING FINANCE CORPORATION, 16-006610RU (2016)

Court: Division of Administrative Hearings, Florida Number: 16-006610RU Visitors: 40
Petitioner: AMERICAN RESIDENTIAL DEVELOPMENT, LLC, MADISON HIGHLANDS, LLC; AND PATRICK LAW
Respondent: FLORIDA HOUSING FINANCE CORPORATION
Judges: D. R. ALEXANDER
Agency: Florida Housing Finance Corporation
Locations: Tallahassee, Florida
Filed: Nov. 14, 2016
Status: Closed
DOAH Final Order on Wednesday, January 18, 2017.

Latest Update: May 15, 2017
Summary: The issues are (1) whether Florida Administrative Code Rules 67-48.002(95) and 67-60.010(3) are invalid exercises of delegated legislative authority; and (2) whether certain statements in Request for Application 2016-113 (RFA-113) issued by Respondent, Florida Housing Finance Corporation (Florida Housing or agency), are unlawful unadopted rules in violation of section 120.54(1)(a), Florida Statutes (2016).Petitioners did not prove that two existing rules were invalid or that various statements w
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5th DCA Letterhead


JAY P. COHEN

CHIEF JUDGE


THOMAS D. SAWAYA WILLIAM D. PALMER RICHARD B. ORFINGER VINCENT G. TORPY, JR KERRY I. EVANDER WENDY W. BERGER

F. RAND WALLIS BRIAN D. LAMBERT JAMES A. EDWARDS

JUDGES


DISTRICT COURT OF APPEAL

FIFTH DISTRICT

300 SOUTH BEACH STREET DAYTONA BEACH, FLORIDA 32114

(386) 947-1500 COURT

(386) 255-8600 CLERK

Joanne P. Simmons

CLERK


CHARLES R. CRAWFORD

MARSHAL


M E M O R A N D U M


To: The Clerk of the Circuit Court or Administrative Agency Addressed


From: Joanne P. Simmons, Clerk Fifth District Court of Appeal


By: Deputy Clerk SUBJECT: FINAL ORDER

Date: May 15, 2017


Fifth DCA No.: 5D17-0491

County of Origin: Seminole Trial Court No.: 16-6610RU

16-6611RU



Pursuant to the provisions of Rule 9.350(c), Florida Rules of Appellate Procedure, attached is a conformed copy of the Final Order of this Court disposing of the subject Appeal. Please take the necessary action to adjust your records consistent with such order.


NO MANDATE WILL BE ISSUED IN THIS CAUSE


FAX NUMBER (386) 947-1562

E MAIL ADDRESS 5dca@flcourts.org


Docket for Case No: 16-006610RU
Issue Date Proceedings
May 15, 2017 Mandate filed.
Apr. 21, 2017 Petitioners'/Appellants' Notice of Voluntary Dismissal filed.
Mar. 08, 2017 Order Decling Referral to Mediation filed.
Mar. 08, 2017 Invoice for the record on appeal mailed.
Mar. 08, 2017 Index (of the Record) sent to the parties of record.
Feb. 27, 2017 Amended Acknowledgment of New Case, Fifth DCA Case No. 5D17-491 filed.
Feb. 21, 2017 Filing Fee Receipt filed.
Feb. 16, 2017 Notice of New Case Under Consideration for Mediation filed.
Feb. 16, 2017 Acknowledgment of New Case, Fifth DCA Case No. 5D17-491 filed.
Feb. 16, 2017 Notice of Appeal filed and Certified copy sent to the District Court of Appeal this date.
Jan. 18, 2017 Final Order. CASE CLOSED.
Dec. 27, 2016 Petitioners' Response to Motion to Strike filed.
Dec. 20, 2016 Respondent's Motion to Strike filed.
Dec. 16, 2016 Respondent's Proposed Final Order filed.
Dec. 16, 2016 Respondent's Proposed Recommended Order filed.
Dec. 16, 2016 Petitioners' Proposed Final Order (filed in Case No. 16-006699BID).
Dec. 16, 2016 Petitioners' Proposed Recommended Order (filed in Case No. 16-006699BID).
Dec. 16, 2016 Heritage Oaks, LLLP's Notice of Joinder in the Proposed Recommended Order and Final Order of Florida Housing filed.
Dec. 16, 2016 Intervenor, HTG Anderson Terrace, LLC's Notice of Joinder in Respondent's Proposed Recommended Order filed.
Dec. 16, 2016 Joint Stipulation (filed in Case No. 16-006699BID).
Nov. 30, 2016 CASE STATUS: Pre-Hearing Conference Held.
Nov. 30, 2016 Notice of Taking Deposition of Corporate Represenative of Florida Housing Finance Corporation filed.
Nov. 28, 2016 CASE STATUS: Pre-Hearing Conference Held.
Nov. 23, 2016 Order Closing File. (Closing DOAH Case No. 16-6168RX.)
Nov. 22, 2016 Notice of Voluntary Dismissal of Consolidated Petition for Administrative Determination of Invalidity of RFA 2016-110 and Rules 67-48.002(95) and 67-60.010, Florida Administrative Code filed.
Nov. 22, 2016 Order Granting Motion for Leave to Intervene.
Nov. 22, 2016 CASE STATUS: Pre-Hearing Conference Held.
Nov. 22, 2016 Motion for Leave to Intervene filed.
Nov. 21, 2016 Order Granting Motion to Intervene.
Nov. 21, 2016 Notice of Appearance/Motion to Intervene (Michael Donaldson/Heritage Oaks, LLLP) filed.
Nov. 21, 2016 Notice of Appearance (Michael Donalson) filed.
Nov. 21, 2016 Order Granting Motion to Consolidate (DOAH Case Nos. 16-6168RX, 16-6610RU, 16-6611RU, 16-6698RU, and 16-6699RU). Hearing will start at 9:30.
Nov. 17, 2016 Notice of Transfer.
Nov. 16, 2016 Order of Pre-hearing Instructions.
Nov. 16, 2016 Notice of Hearing (hearing set for December 14, 2016; 9:00 a.m.; Tallahassee, FL).
Nov. 16, 2016 Motion to Consolidate filed.
Nov. 16, 2016 Order of Consolidation (DOAH Case Nos. 16-6610RU, 16-6611RU).
Nov. 15, 2016 Petition for Administrative Determination of Invalidity of RFA 2016-113 filed.
Nov. 15, 2016 Petition for Administrative Determination of Invalidity of RFA 2016-113 filed.
Nov. 15, 2016 Rule Challenge transmittal letter to Ernest Reddick from Claudia Llado copying Ken Plante and the Agency General Counsel.
Nov. 15, 2016 Order of Assignment.
Nov. 14, 2016 Petition for Administrative Determination of Invalidity of Rules 67-48.002(95) and 67-60.010, Florida Administrative Code, and Non-rule Policy filed.

Orders for Case No: 16-006610RU
Issue Date Document Summary
May 15, 2017 Mandate
Jan. 18, 2017 DOAH Final Order Petitioners did not prove that two existing rules were invalid or that various statements were unadopted rules.
Source:  Florida - Division of Administrative Hearings

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