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
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 were unadopted rules.
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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.
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Apr. 21, 2017 |
Petitioners'/Appellants' Notice of Voluntary Dismissal filed.
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Mar. 08, 2017 |
Order Decling Referral to Mediation filed.
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Mar. 08, 2017 |
Invoice for the record on appeal mailed.
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Mar. 08, 2017 |
Index (of the Record) sent to the parties of record.
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Feb. 27, 2017 |
Amended Acknowledgment of New Case, Fifth DCA Case No. 5D17-491 filed.
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Feb. 21, 2017 |
Filing Fee Receipt filed.
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Feb. 16, 2017 |
Notice of New Case Under Consideration for Mediation filed.
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Feb. 16, 2017 |
Acknowledgment of New Case, Fifth DCA Case No. 5D17-491 filed.
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Feb. 16, 2017 |
Notice of Appeal filed and Certified copy sent to the District Court of Appeal this date.
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Jan. 18, 2017 |
Final Order. CASE CLOSED.
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Dec. 27, 2016 |
Petitioners' Response to Motion to Strike filed.
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Dec. 20, 2016 |
Respondent's Motion to Strike filed.
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Dec. 16, 2016 |
Respondent's Proposed Final Order filed.
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Dec. 16, 2016 |
Respondent's Proposed Recommended Order filed.
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Dec. 16, 2016 |
Petitioners' Proposed Final Order (filed in Case No. 16-006699BID).
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Dec. 16, 2016 |
Petitioners' Proposed Recommended Order (filed in Case No. 16-006699BID).
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Dec. 16, 2016 |
Heritage Oaks, LLLP's Notice of Joinder in the Proposed Recommended Order and Final Order of Florida Housing filed.
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Dec. 16, 2016 |
Intervenor, HTG Anderson Terrace, LLC's Notice of Joinder in Respondent's Proposed Recommended Order filed.
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Dec. 16, 2016 |
Joint Stipulation (filed in Case No. 16-006699BID).
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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.
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Nov. 28, 2016 |
CASE STATUS: Pre-Hearing Conference Held. |
Nov. 23, 2016 |
Order Closing File. (Closing DOAH Case No. 16-6168RX.)
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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.
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Nov. 22, 2016 |
Order Granting Motion for Leave to Intervene.
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Nov. 22, 2016 |
CASE STATUS: Pre-Hearing Conference Held. |
Nov. 22, 2016 |
Motion for Leave to Intervene filed.
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Nov. 21, 2016 |
Order Granting Motion to Intervene.
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Nov. 21, 2016 |
Notice of Appearance/Motion to Intervene (Michael Donaldson/Heritage Oaks, LLLP) filed.
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Nov. 21, 2016 |
Notice of Appearance (Michael Donalson) filed.
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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.
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Nov. 17, 2016 |
Notice of Transfer.
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Nov. 16, 2016 |
Order of Pre-hearing Instructions.
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Nov. 16, 2016 |
Notice of Hearing (hearing set for December 14, 2016; 9:00 a.m.; Tallahassee, FL).
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Nov. 16, 2016 |
Motion to Consolidate filed.
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Nov. 16, 2016 |
Order of Consolidation (DOAH Case Nos. 16-6610RU, 16-6611RU).
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Nov. 15, 2016 |
Petition for Administrative Determination of Invalidity of RFA 2016-113 filed.
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Nov. 15, 2016 |
Petition for Administrative Determination of Invalidity of RFA 2016-113 filed.
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Nov. 15, 2016 |
Rule Challenge transmittal letter to Ernest Reddick from Claudia Llado copying Ken Plante and the Agency General Counsel.
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Nov. 15, 2016 |
Order of Assignment.
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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.
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Orders for Case No: 16-006610RU
Issue Date |
Document |
Summary |
May 15, 2017 |
Mandate
|
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Jan. 18, 2017 |
DOAH Final Order
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Petitioners did not prove that two existing rules were invalid or that various statements were unadopted rules.
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